The National Health Service (Service Committees and Tribunal) Amendment Regulations 1995

Proceedings before the Tribunal

12.—(1) The principal Regulations shall be amended as follows.

(2) In regulation 21 (interpretation and forms), after paragraph (1) there shall be inserted the following new paragraph—

“(1A) In this Part, references to “proceedings” before the Tribunal are to any such proceedings, whether relating to representations, applications, or suspension, and include inquiries, hearings and preliminary matters.”.

(3) After regulation 23 there shall be inserted the following new regulation—

“Procedure of the Tribunal

23A.   The chairman of the Tribunal may give practice directions applying generally to any Tribunal proceedings, and subject to any such directions, the person (being the chairman or a deputy chairman) presiding over any such proceedings may give procedural directions, order pre-hearing reviews, and generally determine the procedure to be followed.”.

(4) In regulation 24 (making of representations and preliminary matters), in paragraph (2), for “within 30 days of being so required” there shall be substituted “before the end of the period of 28 days beginning with the day on which the Tribunal sent him notice of its requirement”.

(5) In regulation 25 (withdrawal of representations and suspension of procedures), after paragraph (4) there shall be inserted the following new paragraph—

“(5) The Tribunal may also direct that no further steps shall be taken for the time being under this Part in any other circumstances where it appears to the Tribunal that it would be appropriate so to direct.”.

(6) In Schedule 9 (hearings under Part III), in paragraph 8—

(a) in sub-paragraph (1), for “given” there shall be substituted “sent”; and

(b) in sub-paragraph (2), after “Subject to” there shall be inserted “any directions or other orders or instructions given under regulation 23A and to”.