The National Health Service (Service Committees and Tribunal) Amendment Regulations 1990

Amendment of Schedule 1 to the principal Regulations

26.—(1) Schedule 1 to the principal Regulations (rules of procedure under regulation 9) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 1 (procedure of service committees)–

(a) for the word “Administrator”, in each instance where it occurs, there shall be substituted the words “General Manager”;

(b) for sub-paragraph (1), there shall be substituted the following sub-paragraphs:–

“(1) Where, on consideration of a complaint, it appears to the General Manager that–

(a) notice of the complaint was not given within the period specified in regulation 4 in relation to that notice, he shall, as soon as practicable, seek the complainant’s reasons for the delay;

(b) where notice of the complaint was given in writing, the sub-stance of the matter which it is desired to have investigated is not sufficiently particularised in the statement, he may, as soon as practicable, seek from the complainant such further particulars of the complaint as he may reasonably require, and the complainant shall submit to the General Manager such reasons or particulars requested within twenty-one days from the date the request was sent to him.

(1A) Subject to the provisions of sub-paragraphs (1) and (1B) of this paragraph, the General Manager shall, as soon as practicable after receiving notice of a complaint, send to the chairman of the appropriate service committee a copy of the statement of complaint.

(1B) Sub-paragraph (1A) of this paragraph and sub-paragraph (1) of paragraph 2 of this Schedule shall not apply where, and for so long as, the Committee and the complainant agree that, pending conciliation of the matter giving rise to it, the complaint should not be investigated under these Regulations.

(1C) If, in the opinion of the chairman, the statement does not disclose reasonable grounds for believing that the practitioner, chemist or, as the case may be, optician against whom the complaint has been made has failed to comply with his terms of service, the chairman shall so inform the General Manager who shall notify the complainant of the chairman’s opinion and invite him to submit a further statement in amplification of his complaint within fourteen days of the date on which that notification was sent to him.

(1D) Where–

(a) after consideration of any further statement which has been submitted pursuant to sub-paragraph (1C) of this paragraph, the chairman considers that a hearing of the case is unnecessary; or

(b) such further statement has been invited but has not been submitted within the period specified in that sub-paragraph,

the chairman shall, as soon as practicable, bring the case before the service committee who may report on the matter without holding a hearing.”;

(c) for sub-paragraph (2) there shall be substituted the following sub-paragraphs:–

“(2) If the chairman considers that the complainant’s statement, or further statement (if any), discloses reasonable grounds for believing that the practitioner, chemist or, as the case may be, optician has failed to comply with any provision of his terms of service, he shall identify the provision in question and notify the General Manager accordingly.

(2A) On being informed by the chairman as mentioned in sub-paragraph (2) of this paragraph, the General Manager shall–

(a) send to the practitioner, chemist or, as the case may be, optician–

(i) a copy of the complainant’s statement, and of his further statement (if any), and

(ii) details of any provision of the terms of service identified by the chairman pursuant to sub-paragraph (2) of this paragraph;

(b) invite the comments of the practitioner, chemist or, as the case may be, optician with regard to the complaint; and

(c) inform him that such comments must be made within a period of four weeks, or within such longer period as the service committee may for reasonable cause allow.

(2B) Where, in response to his invitation under sub-paragraph (2A)(b) of this paragraph, the General Manager receives from the practitioner, chemist or, as the case may be, optician comments with regard to the complaint, he shall–

(a) send to the complainant–

(i) a copy of those comments or details of the substance thereof, and

(ii) details of any provision of the terms of service identified by the chairman pursuant to sub-paragraph (2) of this paragraph;

(b) invite the observations of the complainant on those comments; and

(c) inform the complainant that such observations must be made within a period of fourteen days, or within such longer period as the service committee may for reasonable cause allow.”;

(d) for sub-paragraph (4) there shall be substituted the following sub-paragraphs:–

“(4) Where–

(a) no comments are made within the period allowed under sub-paragraph (2A)(c) of this paragraph; or

(b) after consideration of the comments, and of any observations, made pursuant to sub-paragraphs (2A) and (2B) of this paragraph, the chairman is of the opinion that–

(i) there is a material difference between the parties with regard to the facts of the complaint, or

(ii) for some other reason a hearing of the complaint is necessary,

the chairman shall specify every provision of the terms of service with which, in his opinion, the complaint discloses reasonable grounds for believing that there has been a failure to comply, and shall inform the General Manager accordingly.

(4A) On being informed by the chairman as mentioned in sub-paragraph (4) of this paragraph, the General Manager shall–

(a) inform the parties that there will be a hearing;

(b) inform the parties of the names of the members and deputy members of the appropriate service committee;

(c) require each party to forward to him, within fourteen days from the date of the request, details of any documentary evidence, and of the names of any witnesses, which the party proposes to produce or call at the hearing; and

(d) send to the parties–

(i) details of all provisions of the terms of service specified by the chairman pursuant to sub-paragraph (4) of this paragraph, and

(ii) copies of all correspondence relevant to the complaint.”;

(e) in sub-paragraphs (6) and (7), after the word “statement”, in each instance where it occurs, there shall be inserted the words “and further statement, if any,”;

(f) for sub-paragraph (8), there shall be substituted the following sub-paragraphs:–

“(8) Except in cases disposed of without a hearing, the General Manager shall, not less than twenty-one days before the date fixed for the hearing–

(a) give to both parties and to the Secretary of the Local Medical, Pharmaceutical, Dental or Optical Committee, as the case may be, notice of the meeting at which the case will be heard; and

(b) send to both parties any details supplied by the other party in pursuance of sub-paragraph (4A)(c) of this paragraph.

(8A) Where the service committee are satisfied that a complainant to whom notice has been sent pursuant to sub-paragraph (8) of this paragraph–

(a) has failed, within fourteen days of the date on which such notice was sent to him, to signify his intention to attend the hearing; or

(b) has, without reasonable cause, refused to attend the hearing,

they may, subject to sub-paragraph (8B) of this paragraph, proceed to consider the complaint at their meeting and to report on the matter without holding a hearing.

(8B) A report made pursuant to sub-paragraph (8A) of this paragraph shall not contain any recommendation which is adverse to the practitioner, chemist or, as the case may be, optician unless he shall have previously consented in writing to the matter being disposed of by the service committee without a hearing.”;

(g) in sub-paragraph (16), for the words “but shall take no part”, there shall be substituted the words “and take part”;

(h) in sub-paragraph (17), for the words “the complainant introduces any issue” there shall be substituted the words “any issue arises”;

(i) in sub-paragraph (19)–

(i) after the words “placed before them and”, there shall be inserted the words “in respect of each provision of the terms of service identified by the chairman pursuant to this paragraph,”,

(ii) after the words “properly drawn from the facts” there shall be inserted the words “and their reasons for reaching that opinion”,

(iii) for the words “the service committee may in cases where they infer a breach of the terms of service” there shall be substituted the words “in any case where they infer a breach of the terms of service, the service committee may, subject to sub-paragraph (19A) of this paragraph,”;

(j) after sub-paragraph (19) there shall be inserted the following sub-paragraph:–

“(19A) In sub-paragraph (19) of this paragraph, the expression “previous reports” shall not include–

(a) any report made more than six years prior to the date of complaint; or

(b) any report in connection with which an appeal is pending under regulation 11(1).”;

(k) in sub-paragraph (20) for the words “one” and “member”, wherever they occur, there shall be substituted the words “two” and “members” respectively;

(l) after sub-paragraph (20) there shall be inserted the following sub-paragraph:–

“(20A) The proceedings at any meeting of a service committee shall be suspended if, and for so long as–

(a) the number of members present falls below the quorum specified in sub-paragraph (20) of this paragraph; or

(b) the number of lay members who are present exceeds, or is exceeded by, the number of other members (apart from the chairman) who are present.”.

(3) In paragraph 2 (procedure of joint services committee)–

(a) in sub-paragraph (1), for the words “The Administrator” there shall be substituted the words “Subject to the provisions of sub-paragraph (1B) of paragraph 1 of this Schedule, the General Manager”;

(b) in sub-paragraph (2), for the words “one” and “member” wherever they occur, there shall be substituted the words “two” and “members” respectively;

(4) At the end of paragraph 3 (interpretation) there shall be added the following definition:–

• ““statement” means the statement, included in the notice given pursuant to regulation 4, of the substance of the matter which a complainant desires to have investigated, and includes–

  (a)

  where the notice was given orally, both the tape on which it was recorded and the transcript of it; and

  (b)

  where the notice was given in writing, any further particulars of it submitted pursuant to paragraph 1(1)(b).”.