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The National Health Service (Service Committees and Tribunal) Regulations 1992

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Applications to the Tribunal

29.—(1) An application made to the Tribunal shall be sent to the Tribunal.

(2) The Tribunal shall send to the respondent a copy of the application, together with a copy of any document included with it under regulation 28(d).

(3) The Tribunal shall consider the application and—

(a)if it considers that no good cause has been shown for an inquiry, it may decline to hold an inquiry and to make a direction under section 47 of the Act and shall give notice in writing to the applicant and the respondent accordingly;

(b)if it considers that an inquiry should be held, it shall give notice in writing to the applicant and the respondent accordingly.

(4) The applicant may at any time before the inquiry, with the consent of the Tribunal and on such terms as it thinks fit, withdraw his application by giving notice of withdrawal in writing to the Tribunal; and where an application is withdrawn the Tribunal shall so inform the respondent in writing.

(5) Where an inquiry is to be held by way of an oral hearing, the provisions of Schedule 9 shall apply with respect to that hearing.

(6) At the conclusion of the inquiry the Tribunal shall, as soon as practicable, issue a decision in writing, signed by the chairman, containing—

(a)its findings of fact;

(b)its conclusions;

(c)any direction it decides to give under section 47 of the Act; and

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

(7) The Tribunal shall send a copy of the Tribunal’s decision to the applicant, the respondent 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.

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