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National Health Service Act 1977

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Changes over time for: Cross Heading: Constitution of Tribunal

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Version Superseded: 21/12/1995

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Point in time view as at 28/06/1995.

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Constitution of TribunalE+W+S

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

2The chairman shall be [F1a 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.

3One of the other members shall be a person appointed by the Secretary of State after consultation with such associations of [F2Health Authorities] as the Secretary of State may recognise as representative of [F2Health Authorities].

Textual Amendments

F2Words 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)

4The 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.

F45If 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

F4Sch. 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)

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