46 Disqualification of practitioners.E+W+S
(1)There shall be a tribunal (in this section and sections 47 to [F149C] 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 [F2a 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,
F3(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F2a 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 [F2other Health Authority] under this Part [F4, and
(c)where they make a direction under paragraph (b) above, may also, if they think fit, declare that he is not fit to be engaged in any capacity in the provision of those services.]
F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F6(4)Subject to subsection (5) below, where the Tribunal direct that the name of any person be removed from or not included in any list or lists, the Health Authority or Health Authorities concerned shall remove the name of the person concerned from the list or lists in question.
(5)Subsection (4) above shall not apply—
(a)where no appeal is brought against the decision to make the direction, until the end of the period for bringing an appeal, and
(b)where an appeal is brought against that decision, until the appeal process has been exhausted.]
Textual Amendments
F1Words in s. 46(1) substituted (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(2); S.I. 1995/3090, art. 2(1)(2), Sch. (subject to savings in art. 3); S.I. 1996/552, art. 2
F2Words 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)
F3S. 46(1)(e) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I
F4S. 46(2)(c) and word inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 1; S.I. 1995/3090, art. 2(1)(2), Sch. (subject to savings in art. 3); S.I. 1996/552, art. 2
F5S. 46(3) repealed (21.12.1995) by 1995 c. 31, ss. 3(1), 14(2), Sch.; S.I. 1995/3090, art. 2(1), Sch. (subject to savings in art. 3)
F6S. 46(4)(5) substituted (21.12.1995) for s. 46(4) by 1995 c. 31, s. 3(2); S.I. 1995/3090, art. 2(1), Sch. 1 (subject to savings in art. 3)