The National Health Service (Service Committees and Tribunal) Amendment Regulations 1993

Amendment of regulation 9 of the principal Regulations

2.—(1) Regulation 9 of the principal Regulations is amended as follows.

(2) In paragraph (1)—

(a) for “the report” there is substituted “a report”;

(b) for “paragraph 7” in both places where it occurs there is substituted “paragraph 7(1)”; and

(c) in sub-paragraph (c)(i), for “identified to him by the chairman of the appropriate committee pursuant to paragraph 3(3) of Schedule 4” there is substituted “specified pursuant to paragraph 3(3) (whether or not as modified by paragraph 3(3A)) of Schedule 4 or, where that paragraph does not apply, sent to the practitioner pursuant to paragraph 3(1) of that Schedule”.

(3) After paragraph (2) there is inserted—

“(2A) The FHSA, after due consideration of a report presented to it by the appropriate committee pursuant to sub-paragraph (1A) of paragraph 7 of Schedule 4, shall —

(a) if it agrees with the committee’s view as mentioned in that sub-paragraph, determine that no further action should be taken in relation to the report; or

(b) if it does not agree with the committee’s view as mentioned in that sub-paragraph, specify every provision of the terms of service with which it considers that the practitioner may have failed to comply.

(2B) In a case falling within paragraph (2A)(b)—

(a) the investigation shall continue in accordance with paragraphs 3 to 10 of Schedule 4 as if the FHSA had been notified of the relevant terms of service under paragraph 1(7) of that Schedule by the chairman of the appropriate committee; and

(b) paragraphs 3 to 10 of Schedule 4 shall accordingly have effect with appropriate modifications and, in particular, references in paragraphs 3(3) and 4(1)(b)(i) of that Schedule to the chairman shall be construed as references to the FHSA.”.