National Health Service (Primary Care) Act 1997

Power of Tribunal to give directions E+W+S

4 (1) If the Tribunal consider that the inclusion of the applicant’s name in the medical list would be prejudicial to the efficiency of the general medical services provided in the authority’s area [F1 or that the applicant meets the second condition for disqualification mentioned in section 29 of the 1978 Act] , they— E+W+S

(a) must direct that the applicant’s name is not to be included in the list; and

(b) may, if they think fit—

(i) direct that his name is not to be included in any other medical list (whether kept under the 1977 Act or the 1978 Act); or

(ii) direct that his name is not to be included in any other specified medical list or lists kept under the appropriate Act.

(2) In sub-paragraph (1) “appropriate Act” means—

(a) in a case where the medical list to which sub-paragraph (1)(a) applies is kept under the 1977 Act, that Act; and

(b) in a case where the medical list to which sub-paragraph (1)(a) applies is kept under the 1978 Act, that Act.

(3) If the Tribunal give a direction under sub-paragraph (1)(b)(i) they may also, if they think fit, declare that the applicant is not fit to be engaged in any capacity in the provision of general medical services (whether under the 1977 Act or the 1978 Act).

(4) A direction by the Tribunal under this paragraph is binding on the authority or authorities concerned as from the time when the direction is given.

Textual Amendments

F1 Words in Sch. 1 para. 4(1) added (S.) (4.3.2004) by Community Care and Health (Scotland) Act 2002 (asp 5), ss. 19(b), 27(2) (with S.S.I. 2004/34, arts. 1, 3(1)); S.S.I. 2004/33, art. 2(1)(a)