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

Applications for interim suspension

6.  After regulation 24 of the principal Regulations there shall be inserted the following new regulation—

“Applications for interim suspension

24A.— (1) An application for interim suspension under section 49A of the Act shall—

(a) be made in writing;

(b) be signed by some person authorised by the FHSA;

(c) include a statement of the alleged facts and the grounds upon which the FHSA intends to rely; and

(d) include a copy of each document which the FHSA proposes to put in evidence,

and shall be sent to the Tribunal.

(2) The statement mentioned in paragraph (1)(c) may be made by reference to any other document already before the Tribunal.

(3) The application shall be dealt with by way of oral hearing, and Schedule 9 shall apply with respect to that hearing.

(4) The Tribunal shall give the respondent notice in writing of the application and of its intention to hold an oral hearing on a date to be fixed, and shall include a copy of—

(a) the FHSA’s application;

(b) any document provided under paragraph (1)(d); and

(c) where paragraph (2) applies, any document which is referred to in the statement.

(5) The Tribunal may at any time before the conclusion of the proceedings relating to the application allow it to be amended, upon such conditions as it may think just, on the application of the FHSA.

(6) At the conclusion of proceedings relating to the application, the Tribunal shall, as soon as practicable, issue a decision in writing, signed by the person (being the chairman or a deputy chairman) who presided over the proceedings, containing—

(a) any directions it decides to give under section 49A(2) of the Act;

(b) a statement of reasons for its decision; and

(c) any order it decides to make as to costs.

(7) The Tribunal shall send a copy of its decision to the respondent, the FHSA, and the Secretary of State; and the Secretary of State shall send a copy of the decision to any other FHSA which appears to him to be concerned.

(8) Where the decision includes a direction under section 49A(2) of the Act, the Tribunal shall include with the decision a notice to the respondent of his right to appeal under section 11(1) of the Tribunals and Inquiries Act 1992(1).”.

(1)

1992 c. 53.