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

Amendment of Schedule 4 to the principal Regulations

5.—(1) Schedule 4 to the principal Regulations is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (6), the words from “who” to the end are omitted;

(b) after sub-paragraph (6) there is inserted—

“(6A) The committee, if it agrees with—

(a) the chairman’s view as mentioned in sub-paragraph (6)(a); or

(b) in any case falling within sub-paragraph (6)(b), his view as mentioned in sub-paragraph (5);

shall report on the matter in accordance with paragraph 7(1A) without holding a hearing.”; and

(c) in sub-paragraph (7)—

(i) after “considers” there is inserted “(or, if the committee does not agree with his view as mentioned in sub-paragraph (5) or (6)(a), whichever is applicable, the committee considers)”, and

(ii) after “he” there is inserted “or the committee (as the case may be)”.

(3) In paragraph 2—

(a) in sub-paragraph (2)(b)(ii), “by the chairman” is omitted;

(b) in sub-paragraph (5), the words from “who” to the end are omitted; and

(c) after sub-paragraph (5) there is inserted—

“(5A) The committee, if it agrees with the chairman’s view as mentioned in sub-paragraph (5), shall report on the matter in accordance with paragraph 7(1A) as respects the doctor without holding a hearing, though the investigation may continue as respects the deputy.

(5B) If the committee does not agree with the chairman’s view as mentioned in sub-paragraph (5), it shall identify each provision of the doctor’s terms of service with which it considers he may have failed to comply, and notify the FHSA accordingly.”.

(4) In paragraph 3—

(a) after “1(7)” in each place where it occurs there is inserted “or 2(5B)”;

(b) in sub-paragraphs (1)(a)(ii) and (2)(a)(ii), “by the chairman” is omitted;

(c) after sub-paragraph (3) there is inserted—

“(3A) Where a committee (and not the chairman) has identified terms of service pursuant to paragraph 1(7) or 2(5B), references in sub-paragraph (3) to the chairman shall be construed as references to the committee.”; and

(d) in sub-paragraph (4)—

(i) after “(3)” there is inserted “(whether or not as modified by sub-paragraph (3A))”, and

(ii) for “may” there is substituted “shall”.

(5) In paragraph 4—

(a) in sub-paragraph (1)(b)(i), for “the chairman pursuant to paragraph 3(3)” there is substituted “the chairman or the committee (as the case may be) pursuant to paragraph 3(3) or (3A)”; and

(b) in sub-paragraph (2), for “1(6), 2(5)” there is substituted “1(6A), 2(5A)”.

(6) In paragraph 7—

(a) in sub-paragraph (1), after “writing which” there is inserted “, except in a case falling within paragraph 1(6A) or 2(5A),”; and

(b) after sub-paragraph (1) there is inserted—

“(1A) In the cases excepted from sub-paragraph (1)(a) to (e), the report shall state—

(a) in a case falling within paragraph 1(6A), why the committee considers that there are no reasonable grounds for believing that the practitioner has failed to comply with his terms of service; and

(b) in a case falling within paragraph 2(5A), why the committee has reached the conclusions mentioned in paragraph 2(5)(a) and (b).”.