National Health Service Act 1977

[F1 49M Appeals E+W+S

(1) A practitioner may appeal to the FHSAA against a decision of a [F2 Primary Care Trust or] Health Authority mentioned in subsection (2) by giving notice in writing to the FHSAA within the period of 28 days beginning with the date on which the [F2 Primary Care Trust or] Health Authority gave him notice of the decision.

(2) The [F2 Primary Care Trust or] Health Authority decisions in question are—

(a) to remove the practitioner from a list (under section 49F or 49G(3) or under subsection (5)(b) of this section),

(b) to remove him contingently (under section 49G),

(c) to impose any particular condition under section 49G, or to vary any condition or to impose any different condition under that section,

(d) to vary his terms of service (under section 49G(4)),

(e) any decision on a review of a contingent removal under section 49L.

(3) The appeal shall be by way of redetermination of the [F3 decision of the Primary Care Trust or of the Health Authority] .

(4) On an appeal, the FHSAA may make any decision which the [F2 Primary Care Trust or] Health Authority could have made.

(5) If the FHSAA decides to remove the practitioner contingently—

(a) the [F2 Primary Care Trust or] Health Authority and the practitioner may each apply to the FHSAA for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and

(b) the [F2 Primary Care Trust or] Health Authority may remove him from their list if they determine that he has failed to comply with a condition.

(6) The [F2 Primary Care Trust or] Health Authority shall not remove a person from a list, or impose a contingent removal—

(a) until the expiry of the period of 28 days referred to in subsection (1), or

(b) if the practitioner appeals within that period, until the FHSAA has disposed of the appeal.

(7) Regulations may provide for payments by [F4 Primary Care Trusts and] Health Authorities to practitioners who are removed from lists pursuant to decisions of the FHSAA under this section, but whose appeals against those decisions are successful[F5 ; and regulations under this subsection may include provision of the kind referred to in section 49I(10)].]

Textual Amendments

F1 S. 49M inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W. and 1.2.2003 for E. in so far as not already in force) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1); S.I. 2003/53, art. 4(b)

F2 Words in s. 49M inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 24(a); S.I. 2002/2478, art. 3(1)(d)

F3 Words in s. 49M(3) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 24(b); S.I. 2002/2478, art. 3(1)(d)

F4 Words in s. 49M(7) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 24(c); S.I. 2002/2478, art. 3(1)(d)

F5 Words in s. 49M(7) inserted (3.2.2004 for E. and 28.2.2004 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 179(2), 199(1)(4); S.I. 2004/288, art. 2(1)(a) (as amended by S.I. 2004/866 and S.I. 2005/2925); W.S.I. 2004/480, art. 2(1)(a) (with arts. 6, 7) (as amended by S.I. 2004/1019 and S.I. 2006/345)