The National Health Service (General Medical Services) (Amendment) (Wales) (No. 2) Regulations 2002

Amendment of regulation 2

2.—(1) In regulation 2 (interpretation)—

(a) insert the following definitions in the appropriate alphabetical positions—

““Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002;”;(1)

““director” means—

(a)

a director of a body corporate; or

(b)

a member of the body of persons controlling a body corporate (whether or not a limited liability partnership;”

““employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;”;

““equivalent body” means a Health Authority in England, a Health Board or an NHS trust in Scotland or a Health and Social Services Board in Northern Ireland;”;

““equivalent lists” means lists kept by an equivalent body;”;

““FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the Act;”;

““fraud case” means a case where a person satisfies the second condition for removal from the medical list, set out in section 49F(3) of the Act, or by virtue of section 49H of the Act is treated as doing so;”;

““licensing or regulatory body” means the body that licenses or regulates any profession of which the doctor is or has been a member;”;

““lists” means lists referred to in section 49N(1)(a) to (c);”;

““Medical Supplementary List” means a list prepared by a Health Authority in accordance with section 43D of the Act of doctors approved by the Health Authority for the purpose of assisting in the provision of general medical services;”;

““a national disqualification” means—

(a)

a decision made by the FHSAA in relation to a doctor under section 49N of the Act,

(b)

a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act,

(c)

a decision by the Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations,

(d)

a decision made by the Tribunal;”

““the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 11 of the Act;”;

““the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service;”;

““originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;”;

““professional conduct” includes matters relating to both professional conduct and professional performance;”;

““professional registration number” means the number against the doctor’s name in the register maintained by the General Medical council;”;

““suspended” means—

(i)

suspended by a Health Authority under sections 49I or 49J of the Act or under regulations made under sections 28DA or 43D of the Act, or section 8ZA of the 1997 Act,

(ii)

in relation to England, suspended by the Tribunal before 14th December 2001,

(iii)

in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in section 49I or 49J of the Act,

and shall be treated as including a case where a person is treated as suspended by a Health Authority in Wales by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations;

and “suspends” and “suspension” shall be construed accordingly;”,

(b) for the definition of “the Tribunal” substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act;”; and

(c) omit the definitions of “FHSA”, “Family Health Services Authority” and “suspended by direction of the Tribunal”;”.

(2) In the provisions of the principal Regulations listed in the Schedule to these Regulations—

(a) for “FHSA” wherever it appears substitute “Health Authority”,

(b) for “An” wherever it appears immediately preceding “FHSAA” substitute “A”, and

(c) for “an” wherever it appears immediately preceding “FHSAA” substitute “a”.

(1)

S.I. 2002/1920.