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

regulation 3(2)

SCHEDULE 2CONSTITUTION OF COMMITTEES TO CONDUCT INVESTIGATIONS

1.  The medical, dental and pharmaceutical service committees shall each consist of—

(a)a chairman appointed in accordance with paragraph 5; and

(b)six other members, of whom—

(i)three shall be lay persons appointed by the FHSA, and

(ii)three shall be professional persons appointed by the relevant Local Representative Committee.

2.—(1) The ophthalmic service committee shall consist of—

(a)a chairman appointed in accordance with paragraph 5;

(b)seven other members, of whom—

(i)three shall be lay persons appointed by the FHSA,

(ii)two shall be ophthalmic medical practitioners appointed by the Local Medical Committee, and

(iii)two shall be opticians appointed by the Local Optical Committee.

(2) Where the ophthalmic service committee investigates a matter which does not involve a question relating to an ophthalmic medical practitioner, one only of the members who are ophthalmic medical practitioners may take part in the investigation.

(3) Where the ophthalmic service committee investigates a matter which does not involve a question relating to an optician, one only of the members who are opticians may take part in the investigation.

3.—(1) The joint services committee shall consist of—

(a)a chairman appointed in accordance with paragraph 5; and

(b)ten other members of whom—

(i)two shall be lay persons appointed by the FHSA,

(ii)two shall be doctors appointed in accordance with sub-paragraph (2) by the medical service committee,

(iii)two shall be dentists appointed in accordance with sub-paragraph (2) by the dental service committee,

(iv)two shall be pharmacists appointed in accordance with sub-paragraph (2) by the pharmaceutical service committee,

(v)two shall be ophthalmic medical practitioners or opticians appointed in accordance with sub-paragraph (2) by the ophthalmic service committee.

(2) A member of the joint services committee appointed by a service committee under subparagraph (1)(b)(ii) to (v) shall be a member of the service committee which appoints him or a deputy for such a member.

(3) A member of the joint services committee appointed by a service committee shall not take part in an investigation by the joint services committee unless the matter to be investigated involves a question relating to a relevant practitioner.

(4) For the purposes of sub-paragraph (3) a relevant practitioner is—

(a)in relation to a member appointed by the medical service committee, a doctor;

(b)in relation to a member appointed by the dental service committee, a dentist;

(c)in relation to a member appointed by the ophthalmic service committee, an ophthalmic medical practitioner or an optician;

(d)in relation to a member appointed by the pharmaceutical service committee, a chemist.

4.—(1) As respects each committee referred to in regulation 3(1)(a), not fewer than three lay persons and not fewer than three professional persons shall be appointed as deputies, according to the same provisions as apply to the appointment of members of that committee other than the chairman.

(2) Where a member of such a committee other than the chairman is absent a deputy appointed according to the same provisions as that member may act in his place.

5.—(1) The chairman of a committee referred to in regulation 3(1)(a) shall be a lay person appointed by the FHSA.

(2) The FHSA shall, within 14 days of making an appointment under sub-paragraph (1), give notice in writing of the appointment to the other members of the committee.

(3) Where, within 14 days of notice being sent under sub-paragraph (1), a statement duly signed in accordance with sub-paragraph (4) is sent to the FHSA asserting that the chairman appointed by the FHSA is not acceptable to the signatories of the statement, the FHSA shall within 30 days of receipt of that statement refer the matter of the appointment to the Secretary of State.

(4) For the purposes of sub-paragraph (3) a statement must be signed—

(a)in the case of a service committee, by a majority of its lay members, or by a majority of its other members;

(b)in the case of a joint services committee, by both of its lay members or by both of the members appointed by any one of the service committees.

(5) Where the matter of the appointment is referred to the Secretary of State under subparagraph (3), he may, after consultation with the FHSA and the relevant Local Representative Committee, appoint another person to be chairman of the committee; and the chairman appointed by the FHSA shall cease immediately to hold office as chairman and member of the committee.

(6) A person appointed as chairman of such a committee who is already a member of that committee shall, on his appointment as chairman, cease to be a member otherwise than as chairman and a new member shall be appointed to take his place.

6.—(1) A person shall be appointed to act as deputy for the chairman of any committee referred to in regulation 3(1)(a), and the provisions of paragraph 5 shall apply to that appointment as they apply to the appointment of the chairman.

(2) The deputy chairman may, in the absence of the chairman, act in his place and may, if when appointed already a member of the committee, continue as a member but when acting as chairman shall act only in that capacity.

7.—(1) Where an FHSA elects to have a denture conciliation committee, that committee shall be appointed by the FHSA and shall consist of—

(a)a chairman who shall be a lay person; and

(b)two other members both of whom shall be dentists, and of whom

(i)one shall be selected from a panel of dentists nominated for the purpose by the Local Dental Committee, and

(ii)the other shall be selected from a panel of dentists nominated for the purpose by the FHSA.

(2) the FHSA shall also appoint—

(a)a lay person who shall be the deputy of the chairman and shall act in the place of the chairman in his absence; and

(b)two dentists, one of whom shall be selected from the panel referred to in sub-paragraph (1)(b)(i) and the other of whom shall be selected from the panel referred to in subparagraph (1)(b)(ii), who shall be the deputies of the members appointed under subparagraph (1)(b) and shall act in their place in their absence.

8.  Where a member or deputy member of a dental service committee has been a member of a denture conciliation committee who have, in accordance with regulation 4(4), referred a complaint or matter for investigation by the dental service committee, the member or deputy member shall take no part in the hearing thereof but a deputy appointed in the like manner may act in his place.

9.—(1) Subject to the other provisions of this Schedule, the FHSA may make standing orders with respect to the term of office of any members and deputy members of any committee constituted in accordance with this Schedule.

(2) Subject to any re-appointment, the term of office of any member or deputy member of such a committee shall not exceed one year.

(3) A chairman of a committee referred to in regulation 3(1)(a) who is not a member of the FHSA may attend and take part in any proceedings of the FHSA at which a report of that committee is being considered, but may not vote.

10.  A person who is a member of a committee constituted under this Schedule shall cease to hold office—

(a)where he is the chairman or a lay member, on his ceasing to be a lay person;

(b)where he is a member not mentioned in sub-paragraph (a), on his ceasing to be a professional person.

11.  In this Schedule—

(a)“lay member” means, in relation to a service committee or joint services committee, any member (other than the chairman) who is a lay person;

(b)“lay person” means a person who is not and never has been—

(i)a doctor, a dentist, an ophthalmic medical practitioner, an optician or a chemist, nor

(ii)a registered dispensing optician within the meaning of the Opticians Act 1989(1), nor

(iii)a registered nurse, a registered midwife or a registered health visitor(2), nor

(iv)an officer of, or otherwise employed by, any Family Health Services Authority, Regional Health Authority or District Health Authority, or a Community Health Council established under section 20 of the Act(3);

(c)“professional person” means—

(i)in the case of the medical service committee, a doctor,

(ii)in the case of the dental service committee or the denture conciliation committee, a dentist,

(iii)in the case of the pharmaceutical service committee, a pharmacist,

(iv)in the case of the ophthalmic service committee, an ophthalmic medical practitioner or an optician,

(v)in the case of the joint services committee, a member appointed by a service committee.

(2)

See section 10(7) of the Nurses, Midwives and Health Visitors Act 1979 (c. 36).

(3)

Section 20 was amended by paragraph 40 of Schedule 1 to the Health Services Act 1980 (c. 53).