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

Continuation of suspension pending appeal

8.—(1) Regulation 26 of the principal Regulations (inquiry as to representations) shall be amended as follows.

(2) In paragraph (2), at the beginning there shall be inserted “Subject to paragraph (2A),”.

(3) After paragraph (2) there shall be inserted the following new paragraph—

“(2A) Where the Tribunal has determined to decide the case on documentary evidence pursuant to paragraph (2), but proposes to give a direction under section 49B(1) of the Act, it shall before doing so give notice to the FHSA and the respondent of its intention to hold an oral hearing relating to that proposal, and shall then hold an oral hearing to which Schedule 9 shall apply.”.

(4) In paragraph (3)(c), after “46(2)” there shall be inserted “or 49B(1)”.

(5) In paragraph (5)—

(a) after “section 46(2) of the Act” there shall be inserted “, or directions under both sections 46(2) and 49B(1) of the Act,”; and

(b) at the end there shall be inserted “in respect of any direction under section 49B(1) of the Act or a direction under section 46(2) of the Act, or both”.