National Health Service Act 1977

46 Disqualification of practitioners. E+W+S

(1) There shall be a tribunal (in this section and sections 47 to 49 below referred to as “the Tribunal”) which shall be constituted in accordance with Schedule 9 to this Act to inquire into cases where representations are made in the prescribed manner to the Tribunal by [F1 a Health Authority] or any other person that the continued inclusion of a person’s name in a list prepared under this Part of this Act—

(a) of medical practitioners undertaking to provide general medical services,

(b) of medical practitioners undertaking to provide general ophthalmic services,

(c) of dental practitioners undertaking to provide general dental services,

(d) of ophthalmic opticians undertaking to provide general ophthalmic services,

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(f) of persons undertaking to provide pharmaceutical services,

would be prejudicial to the efficiency of the services in question.

The supplementary provisions contained in Schedule 9 apply in relation to the Tribunal.

(2) The Tribunal, on receiving representations from [F1 a Health Authority] shall, and in any other case may, inquire into the case, and, if they are of opinion that the continued inclusion of that person’s name in any list to which the representations relate would be prejudicial to the efficiency of those services—

(a) shall direct that his name be removed from that list; and

(b) may also, if they think fit, direct that his name be removed from, or not be included in, any corresponding list kept by any [F1 other Health Authority] under this Part.

(3) An appeal shall lie to the Secretary of State from any direction of the Tribunal under subsection (2) above, and the Secretary of State may confirm or revoke that direction.

(4) Where the Tribunal direct that the name of any person be removed from or not included in any list or lists the [F3 Health Authority or Health Authorities] concerned shall—

(a) if no appeal is brought, at the end of the period for bringing an appeal, or

(b) if an appeal is brought and the decision of the Tribunal is confirmed by the Secretary of State, on receiving notice of the Secretary of State’s decision,

remove the name of the person concerned from the list or lists in question.

Textual Amendments

F1 Words in s. 46(1)(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 34(a)(b) (with Sch. 2 paras. 6, 16)

F2 S. 46(1)(e) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F3 Words in s. 46(4) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 34(c) (with Sch. 2 paras. 6, 16) (which substitution fell by reason of the repeal of Sch. 1 para. 34(c) (21.12.1995) by 1995 c. 31, s. 14(2), Sch.; S.I. 1995/3090, art. 2, Sch.