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

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART II PROVISIONS RELATING TO INVESTIGATIONS, DISPUTES, APPEALS, ETC.

   1. 3. Establishment of committees

   2. 4. Appropriate committee

   3. 5. Making of complaints

   4. 6. Investigation of complaints

   5. 7. Other investigations by, and duties of, appropriate committees

   6. 8. Arrangements for investigations and determinations by other FHSAs

   7. 9. Decision of FHSA

   8. 10. Appeal to the Secretary of State

   9. 11. Procedure on appeal

   10. 12. Sanctions available following recommendation for recovery or prior approval

   11. 13. Recovery of amounts from practitioners

   12. 14. Prior approval in dental cases

   13. 15. Excessive prescribing by doctors

   14. 16. Investigation of certification

   15. 17. Investigation of record keeping

   16. 18. Decision as to treatment for which fees may be charged by doctors

   17. 19. Appeals from decisions of the Board

   18. 20. Power of Local Representative Committees to consider complaints

4. PART III INQUIRIES BY, AND APPEALS FROM, THE TRIBUNAL

   1. 21. Interpretation and forms

   2. 22. Tenure of office of chairman and member of the Tribunal

   3. 23. Officers of the Tribunal

   4. 24. Making of representations and preliminary matters

   5. 25. Withdrawal of representations and suspension of procedures

   6. 26. Inquiry as to representations

   7. 27. Appeals to Secretary of State as to representations

   8. 28. Applications for removal of disqualification

   9. 29. Applications to the Tribunal

   10. 30. Applications to the Secretary of State

   11. 31. Publication of decisions

5. PART IV MISCELLANEOUS PROVISIONS

   1. 32. Service of documents

   2. 33. Attendance by member of Council on Tribunals

   3. 34. Power to dispense with requirements as to notices

   4. 35. Power to extend time limits

   5. 36. Fresh appointments

   6. 37. Referral of matters to professional bodies

   7. 38. Transitional provisions

   8. 39. Revocations

6. Signature

7. 1. SCHEDULE 1

      PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

   2. SCHEDULE 2

      CONSTITUTION OF COMMITTEES TO CONDUCT INVESTIGATIONS

      1. 1. The medical, dental and pharmaceutical service committees shall each consist...

      2. 2. (1) The ophthalmic service committee shall consist of—

      3. 3. (1) The joint services committee shall consist of—

      4. 4. (1) As respects each committee referred to in regulation 3(1)(a),...

      5. 5. (1) The chairman of a committee referred to in regulation...

      6. 6. (1) A person shall be appointed to act as deputy...

      7. 7. (1) Where an FHSA elects to have a denture conciliation...

      8. 8. Where a member or deputy member of a dental service...

      9. 9. (1) Subject to the other provisions of this Schedule, the...

      10. 10. A person who is a member of a committee constituted...

      11. 11. In this Schedule— (a) “lay member” means, in relation to...

   3. SCHEDULE 3

      LATE COMPLAINTS

      1. 1. (1) In so far as notice of a complaint is...

      2. 2. (1) Where an application is made for the consent of...

      3. 3. Where the appropriate committee is not satisfied as mentioned in...

      4. 4. (1) A complainant may, within 14 days after the notice...

      5. 5. Where the Secretary of State gives his consent under paragraph...

   4. SCHEDULE 4

      PROCEDURE FOR INVESTIGATIONS BY APPROPRIATE COMMITTEES

      1. 1. Preliminary consideration of complaint

      2. 2. Complaints in relation to deputies

      3. 3. Exchange of parties' statements etc.

      4. 4. Preparation for the hearing

      5. 5. Attendance at hearing

      6. 6. Procedure at the hearing

      7. 7. The committee’s report

      8. 8. Provisions as to, quorum, composition and voting

      9. 9. Modification in respect of matters referred under regulation 7 or 8

      10. 10. Interpretation

   5. SCHEDULE 5

      ADVISORY COMMITTEES

      1. PART I SPECIFIED FAILURES TO COMPLY WITH TERMS OF SERVICE

         1. 1. Any of the following failures to comply with terms of...

         2. 2. A failure to exercise a proper degree of skill and...

      2. PART II THE MEDICAL ADVISORY COMMITTEE

         1. 3. The committee (in these Regulations referred to as the Medical...

         2. 4. The Medical Advisory Committee shall have six members who shall...

         3. 5. The chairman shall be a doctor who—

         4. 6. Of the remaining five members— (a) three shall be doctors...

         5. 7. The Secretary of State shall also appoint a doctor who...

         6. 8. The quorum for the Medical Advisory Committee shall comprise the...

         7. 9. In the event of an equality of voting among members...

      3. PART III THE DENTAL ADVISORY COMMITTEE

         1. 10. The committee (in these Regulations referred to as the Dental...

         2. 11. The Dental Advisory Committee shall have six members who shall...

         3. 12. The chairman shall be a dentist selected after consultation with...

         4. 13. The remaining five members shall be dentists, three of whom...

         5. 14. The Secretary of State shall also appoint a dental officer...

         6. 15. The quorum for the Dental Advisory Committee shall comprise the...

         7. 16. In the event of an equality of voting among members...

   6. SCHEDULE 6

      ORAL REPRESENTATIONS

      1. 1. (1) Of the three persons to be appointed under regulation...

      2. 2. The Secretary of State shall, not later than 21 days...

      3. 3. At any hearing— (a) the practitioner may attend in person...

      4. 4. The procedure at any hearing shall be such as the...

      5. 5. Following the hearing the persons appointed shall report to the...

   7. SCHEDULE 7

      RULES OF PROCEDURE UNDER REGULATION 18

      1. 1. (1) The FHSA shall prepare and submit to the Local...

      2. 2. (1) Where the Secretary of State thinks fit to refer...

   8. SCHEDULE 8

      FORMS FOR USE IN PROCEEDINGS BEFORE TRIBUNAL

   9. SCHEDULE 9

      HEARINGS UNDER PART III

      1. 1. The person holding the inquiry shall appoint a day for...

      2. 2. Where the inquiry concerns representations, the person holding it may...

      3. 3. The person holding the inquiry may, whether or not on...

      4. 4. The hearing shall be in public if—

      5. 5. (1) Subject to regulation 33 (attendance by member of Council...

      6. 6. At any hearing either party may— (a) address the person...

      7. 7. An FHSA to whom notice has been sent under paragraph...

      8. 8. (1) Where any party to whom notice of the hearing...

      9. 9. The provisions of subsections (2), (3) and (5) of section...

      10. 10. For the purposes of this Schedule— (a) the parties to...

   10. SCHEDULE 10

       REVOCATIONS

8. Explanatory Note