The National Health Service (Service Committees and Tribunal) Amendment Regulations 1995

Application of section 250 of the Local Government Act 1972

13.—(1) The principal regulations shall be amended as follows.

(2) After regulation 31 there shall be inserted the following new regulation—

“Costs

31A.   Section 250(5) of the Local Government Act 1972(1) (costs) shall apply to Tribunal proceedings as though the reference there to the Minister causing an inquiry to be held under section 250 were to the Tribunal, and as if the reference to the parties at the inquiry were to the parties to Tribunal proceedings.”.

(3) Accordingly, in regulation 25 (withdrawal of representations and suspension of procedures), in paragraph (3), for “paragraph 9 of Schedule 9” there shall be substituted “regulation 31A”.

(4) In Schedule 9 (hearings under Part III), for paragraph 9 there shall be substituted—

“9.   Section 250(2) and (3) of the Local Government Act 1972(2) (summoning of witnesses, evidence, etc) shall apply to an inquiry as though the Tribunal were a person appointed to hold a local inquiry under that section.”.

(1)

1972 c. 70.

(2)

Section 250(2) was amended by the Statute Law (Repeals) Act 1989 (c. 43), Schedule 1, Part I; and section 250(3) was modified by virtue of the Criminal Justice Act 1982 (c. 48), sections 38 and 46.