The National Health Service (Service Committees and Tribunal) Regulations 1992

Investigation of certification

16.—(1) Where it appears to the Secretary of State, after an investigation of the medical certificates issued under and for the purposes of the Social Security Act 1975(1) by a doctor to persons for whose treatment he is responsible under his terms of service, that the doctor has failed to exercise reasonable care in the issue of such certificates, the Secretary of State may refer the matter for consideration to the Local Medical Committee, or to a joint committee of two or more Local Medical Committees constituted in such manner as he may approve, and any reference in this regulation to the Local Medical Committee shall be construed as including any such joint committee.

(2) Any reference made under paragraph (1) shall be accompanied by a statement indicating the matters on which it appears to the Secretary of State that an explanation is required.

(3) The Local Medical Committee shall furnish the doctor concerned with a copy of the statement submitted under paragraph (2), and shall afford him reasonable opportunity of submitting to them a statement in writing and of appearing before, and being heard by, them.

(4) A copy of any statement by the doctor under paragraph (3) shall be forwarded to the Secretary of State by the Local Medical Committee for his observations, and a representative or representatives of the Secretary of State shall be entitled, in the event of a hearing, to attend and be heard by the Local Medical Committee.

(5) After considering the case, the Local Medical Committee shall draw up a report of their findings on the question whether there has been a failure on the part of the doctor to exercise reasonable care in certification and, if so, what is the extent and gravity of the failure, together with a recommendation as to the action, if any, which should be taken by the Secretary of State.

(6) The Local Medical Committee shall—

(a) forward the report to the Secretary of State;

(b) furnish the doctor with a copy of the report; and

(c) notify the doctor in writing of his right of appeal to the Secretary of State.

(7) The doctor may appeal against any finding of the Local Medical Committee contained in the report, by sending to the Secretary of State notice of appeal within 30 days from the date on which a copy of the report was sent to him.

(8) On his receipt of an appeal made under paragraph (7), the Secretary of State shall appoint as a referee a doctor who is not a medical officer, or as referees persons who—

(a) shall not exceed three in number; and

(b) shall include a doctor who is not a medical officer,

and shall refer the appeal to the referee or referees for hearing and determination.

(9) Where three referees are appointed under paragraph (8), the determination of the referees may be that reached by the majority of them.

(10) If the Secretary of State is dissatisfied with any findings of the Local Medical Committee he may refer the matter for hearing and determination by a referee or referees.

(11) Paragraphs (8) and (9) shall apply in the case of a matter referred under paragraph (10) as they apply in the case of an appeal under paragraph (7).

(12) After consideration of the findings and recommendation—

(a) of the Local Medical Committee; or

(b) if—

(i) an appeal has been made under paragraph (7), or

(ii) the matter has been referred for hearing and determination under paragraph (10),

of the person or persons determining the appeal or matter,

• the Secretary of State may, if he is satisfied that there has been a failure on the part of the doctor to exercise reasonable care in certification consider, subject to paragraph (13), whether an amount should be recovered from the doctor, by deduction from his remuneration or otherwise.

(13) The provisions of paragraphs (3)(a), (4), (5), and (7) to (10) of regulation 13, and of Schedule 6, shall apply to the determination of the question of recovery arising under paragraph (12) of this regulation as if—

(a) that question had arisen in any of the circumstances mentioned in paragraph (1) of that regulation; and

(b) the references to the FHSA in paragraph (10) of that regulation, and in paragraphs 2 and 3 of Schedule 6, were references to the Local Medical Committee.

(1)

1975 c. 14.