National Health Service Act 1977

SCHEDULE 9 E+W+S Tribunal for Purposes of Section 46

Constitution of Tribunal E+W+S

1 The Tribunal shall consist of a chairman and two other members.

2 The chairman shall be [F1 a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990] appointed by the Lord Chancellor.

Textual Amendments

F1 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2)(5), Sch. 10 para. 42

3 One of the other members shall be a person appointed by the Secretary of State after consultation with such associations of [F2 Health Authorities] as the Secretary of State may recognise as representative of [F2 Health Authorities].

Textual Amendments

F2 Words in Sch. 9 para. 3 substituted (28.6.1995 for certain purposes and otherwiseprosp.) by 1995 c. 17, ss. 2(1), 8(1), Sch. 1 para. 63 (with Sch. 2 para. 6)

4 The remaining member (referred to in paragraph 5 below as “the practitioner member”) shall be appointed by the Secretary of State from such one of the panels appointed as provided below as the Secretary of State considers appropriate having regard to the profession or calling of the person whose case is to be investigated.

For the purposes of this paragraph, the Secretary of State shall, after consultations with such organisations as he may recognise as representative of the several professions or callings concerned, appoint the following panels, none of which shall exceed six persons—

(a) a panel of medical practitioners,

(b) a panel of medical practitioners having the qualifications prescribed under section 38 above,

(c) a panel of dental practitioners,

(d) a panel of ophthalmic opticians,

[F3 (e) a panel of dispensing opticians,]

(f) a panel of registered pharmacists.

Textual Amendments

F3 Para. 4(e) repealed (prosp.) by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F4 5 If any member of the Tribunal is unable to act in any case, a deputy may be appointed by the Lord Chancellor or the Secretary of State as in the case of the appointment of the member in question.

If the member is the chairman, the deputy shall possess the professional qualifications required for the office of chairman, and, if the member is the practitioner member, the deputy shall be appointed from the same panel.

Textual Amendments

F4 Sch. 9 paras. 1-4 substituted (21.12.1995) for Sch. 9 paras. 1-5 by 1995 c. 31, ss. 6(2), 14(5); S.I. 1995/3090, arts. 2, Sch. (with art. 3)

Valid from 21/12/1995

[F5 Sittings of Tribunal] E+W+S

Textual Amendments

F5 Sch. 9 para. 5A and the cross-heading inserted (21.12.1995) by 1995 c. 31, s. 6(3); S.I. 1995/3090, art. 2, Sch. (with art. 3)

Prospective

[F6 5A (1) The functions of the Tribunal shall be exercised by three members consisting of—

(a) the chairman or a deputy chairman,

(b) a person appointed under paragraph 1(c) above, and

(c) a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

(2) In sub-paragraph (1)(c) above [F7 as it has effect in relation to the functions mentioned below]], the reference to the person concerned is—

(a) in the case of functions under [F8 sections 46 to 46C] above, to the person to whom the representations in question relate,

(b) in the case of functions under section 47 above (or paragraph 8 of Schedule 14 to this Act), to the person whose disqualification [F9 conditional disqualification or declaration of unfitness] is under consideration,

(c) in the case of functions under section 49A above, to the person to whom the application in question relates, and

(d) in the case of functions under section 49B above, to the person in relation to whom [F10 section 49A(3) may be made to apply or continue to apply].

[F11 (2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.]

(3) In the case of functions under section 49A or 49B above, sub-paragraph (1) above is subject to section 49C(2)(b) above.

Textual Amendments

F6 Sch. 9 para. 5A inserted (21.12.1995) by 1995 c. 31, s. 6(3); S.I. 1995/3090, art. 2, Sch. (with art. 3)

F7 Words in Sch. 9 para. 5A(2) inserted (1.4.1998 subject to arts. 3, 5 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 29(2); S.I. 1998/631, art. 2(b), Sch. 2

F8 Words in Sch. 9 para. 5A(2)(a) substituted (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 41(a)

F9 Words in Sch. 9 para. 5A(2)(b) inserted (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 41(b)

F10 Words in Sch. 9 para. 5A(2)(d) substituted (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 41(c)

F11 Sch. 9 para. 5A(2A) inserted (1.4.1998 subject to arts. 3, 5 of S.I. 1998/631) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 29(3); S.I. 1998/631, art. 2(b), Sch. 2

Supplementary E+W+S

6 Regulations may provide for the appointment, tenure of office and vacation of office of members of the Tribunal, and with respect to the appointment of officers of the Tribunal.