The National Health Service (Service Committees and Tribunal) Amendment Regulations 1990

Amendment of regulation 6 of the principal Regulations

6.  In regulation 6 of the principal Regulations (investigation by service committees)–

(a) in sub-paragraph (b) of paragraph (3), for the word “eighteen” there shall be substituted the word “sixteen”;

(b) after paragraph (3), there shall be inserted the following paragraphs:–

“(3A) Where, at any time after notice of a complaint has been given but before the Committee make a decision under regulation 10 of these Regulations in relation to that complaint, the practitioner, chemist or, as the case may be, optician to whom the complaint relates dies, no further action shall be taken under these Regulations in relation to that complaint.

(3B) A complainant may withdraw his complaint–

(a) at any time in the course of, or immediately following, concilia tion, by giving written notice to the Committee of its withdrawal;

(b) at any other time before the service committee present their report to the Committee–

(i) by giving written notice to the Committee of his intention to withdraw it, and

(ii) with the consent of the service committee.

(3C) Where the name of the practitioner, chemist or, as the case may be, optician against whom a complaint is made was, at the time of the event, treatment or matter which gave rise to the complaint, included in a list maintained by the Committee under section 29, 36, 39 or 42 of the National Health Service Act 1977, the service committee shall, subject to the provisions of these Regulations, investigate the complaint, notwith standing that the name of the practitioner, chemist or optician in question has since had his name removed, or has since withdrawn his name, from the list in question.”;

(c) in paragraph (4), after the word “list”, there shall be inserted the words “at the time of the event, treatment or matter which gives rise to the complaint”;

(d) for paragraph (5) there shall be substituted the following paragraph:–

“(5) Where a complaint is made against a doctor whose name is included in the medical list at the time of the event, treatment or matter which gives rise to the complaint, in respect of his acts or omissions whilst acting as deputy to a doctor whose name is also included in the list at that time, the complaint shall be deemed to have been made against both doctors.”;

(e) in the proviso to paragraph (6)(a)–

(i) for the words “eight weeks”, in each instance where they occur, there shall be substituted the words “thirteen weeks”,

(ii) after the word “practitioner”, in each instance where it occurs, there shall be inserted the word “, chemist”;

(f) in paragraph (6)(b), for the word “Administrator”, in both instances where it occurs, there shall be substituted the words “General Manager”;

(g) for paragraph (9) there shall be substituted the following paragraph:–

“(9) Where a complaint, or a matter referred to the ophthalmic service committee, involves a question relating to an ophthalmic medical practi tioner and an optician, that service committee shall, where the practitioner and the optician so agree, investigate the complaint or matter in relation to both persons at the same time.”;

(h) after paragraph (10), there shall be inserted the following paragraph:–

“(11) Where–

(a) the complainant or the practitioner, chemist or, as the case may be, optician against whom a complaint is made is a member of either the Committee or one of their service committees, or

(b) sub-paragraph (20) of paragraph 1 of Schedule 1 cannot be complied with by reason of the operation of sub-paragraph (13) of that paragraph; or

(c) the matter to be investigated is one which would, but for the operation of this paragraph, fall to be referred to the service committee, either by the Committee themselves or by any duly authorised sub-committee thereof, pursuant to regulation 6(6)(a),

the Committee shall arrange with another Family Practitioner Committee for the complaint or the matter to be investigated and determined under these Regulations by that other Committee pursuant to regulation 11 of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989(1).”.

(1)

S.I. 1989/51.