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

Amendment of regulation 10 of the principal Regulations

8.  For regulation 10 of the principal Regulations (decision of Committee), there shall be substituted the following regulation:–

“Decision of Committee

10.— (1) The Committee, after due consideration of the report presented to them by the service committee pursuant to paragraph 1(19) of Schedule 1, shall–

(a) accept as conclusive the findings of fact made by the service committee;

(b) draw such inferences from those findings of fact as they see fit, having regard to the service committee’s report as it relates to the inferences which may properly be drawn from those findings;

(c) determine whether the practitioner, chemist or, as the case may be, optician to whom the report relates has failed to comply with any one or more of his terms of service identified to him by the Chairman of the service committee pursuant to these Regulations; and

(d) determine–

(i) in accordance with any one or more of paragraphs (3), (5) and (8), but subject to paragraph (7), the action to be taken in relation to the practitioner, chemist or, as the case may be, optician, having regard to any recommendation made by the service committee pursuant to paragraph 1(19) of Schedule 1, or

(ii) that no further action should be taken in relation to the report.

(2) If the Committee decide either not to adopt the recommendation of the service committee or to take any action not recommended by the service committee, they shall record in writing their reasons for that decision.

(3) Where, in the case of any doctor to whom a report of a service committee relates, the Committee are satisfied, after consultation with the Local Medical Committee, that, because of the number of persons included in his list, the doctor is unable to give adequate treatment to all of those persons, they may impose a special limit on the number of persons for whom the doctor may undertake to provide treatment.

(4) Where, pursuant to paragraph (3), the Committee impose a special limit on the number of patients for whom a doctor may undertake to provide treatment, paragraphs (3) to (6) of regulation 17 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974(1) (limitation of number of persons on doctors' lists) shall have effect in his case with suitable modifications and, in particular, as if references in those paragraphs–

(a) to a maximum number were references to the special limit imposed under paragraph (3) of this regulation; and

(b) to an excess were references to the extent to which the number of patients in the doctor’s list exceeds that special limit.

(5) Where it has been determined that a practitioner, chemist or, as the case may be, optician to whom the report of the service committee relates has failed to comply with any of his terms of service, the Committee may–

(a) subject to paragraph (6) but without prejudice to sub-paragraph (b) of this paragraph, determine that there should be recovered from him, whether by way of a deduction from his remuneration or otherwise, any expenses (other than expenses incurred in connection with the investigation by the service committee) which, by reason of such failure, have been reasonably and necessarily incurred or, where the report relates to a dentist, are likely to be so incurred, by any person in obtaining further treatment, and that any such sums so recovered shall be paid to that person;

(b) determine that an amount not exceeding £500 shall be recovered from the practitioner, chemist or, as the case may be, optician, whether by way of withholding from his remuneration or otherwise;

(c) recommend to the Secretary of State that an amount in excess of £500 should be recovered from the practitioner, chemist or, as the case may be, optician, whether by way of withholding from his remuneration or otherwise;

(d) where the practitioner is a dentist, recommend to the Secretary of State that he should be required to submit to the Dental Practice Board for prior approval estimates in respect of all or any specified description of treatment other than an examination or emergency treatment;

(e) determine that the practitioner, chemist or, as the case may be, optician should be warned to comply more closely with his terms of service in future.

(6) Where, pursuant to paragraph (5)(a), the Committee determine that there should be recovered from any dentist to whom the report of the service committee relates, an amount in respect of any expenses referred to in that provision, that amount shall not exceed the cost of the further treatment to which it relates, calculated in accordance with the rate of remuneration in force for general dental services under the National Health Service Act 1977, and the amount so recovered may include any contribution towards the cost of treatment which may be paid or be payable by the patient under that Act.

(7) Where the Committee determine to make a recommendation under either or both of sub-paragraphs (c) or (d) of paragraph (5), they shall not determine that action should be taken under any other provision of that paragraph.

(8) Where the Committee are of the opinion that the continued inclusion of the name of a practitioner, chemist or, as the case may be, optician in a list maintained by the Committee pursuant to any of sections 29, 36, 39 and 42 of the National Health Service Act 1977 would be prejudicial to the efficiency of the services referred to in the section in question, they may make representations to that effect to the Tribunal.

(9) As soon as may be practicable after the Committee have made their decision on the report of a service committee, the General Manager shall send to the parties to the investigation, to the Secretary of State and, where reasonably requested to do so by either party, to any member of either House of Parliament a copy of that report and of the Committee’s decision thereon, and shall–

(a) where appropriate, inform the parties in writing of their right of appeal to the Secretary of State and of his power to award costs; and

(b) where they have made a recommendation under paragraph (5)(c) or (d), inform the practitioner, chemist or, as the case may be, optician of his right to make representations to the Secretary of State under the provisions of regulation 11(3).

(10) Where a Committee determine under this regulation that action should be taken in accordance with any of the provisions of paragraphs (3) and (5)(a), (b) and (e), that action shall be taken–

(a) by the Committee in whose list the name of the practitioner, chemist or, as the case may be, optician was included at the time of the event which gave rise to the complaint or reference; but this sub-paragraph shall not apply where, at the time when such action falls to be taken, his name is no longer included in that Committee’s list but is included in the list of some other Committee; or

(b) where sub-paragraph (a) does not apply, by a Committee in whose list the name of the practitioner, chemist or, as the case may be, optician is included at the time when such action falls to be taken.

(11) Any amount determined under paragraph (5)(a) or (b) as being recoverable shall be a debt owing by the practitioner, chemist or, as the case may be, optician to the Committee by which it is recoverable.

(12) Where the Committee make a determination under the provisions of sub-paragraph (a), (b) or (e) of paragraph (5) of this regulation, no action shall be taken on that determination before–

(a) if no appeal is brought, the end of the period for bringing an appeal specified in regulation 11(2); or

(b) if an appeal is brought, they have received the notice of the Secretary of State’s decision of the appeal.”.

(1)

S.I. 1974/160; regulation 17 was amended by S.I. 1975/719, 1985/39 and 1989/1897.