National Health Service Act 1977

49 Regulations as to ss. 46 to 48. E+W+S

Regulations shall provide—

(a) for F1 . . . inquiries F1 . . . or the Secretary of State under sections 46 to 48 above [F2 to be held in accordance with such procedure as may be prescribed by or determined under the regulations], and for the making and determining of appeals to the Secretary of State under that procedure, and, in particular for F1 . . . any person who is the subject of such an inquiry [F3 to have] an opportunity—

(i) of appearing, either in person or by counsel or solicitor or such other representative as may be prescribed, before the Tribunal and, in the case of an inquiry by, or appeal to, the Secretary of State before a person appointed by the Secretary of State, and

(ii) of being heard by the Tribunal or the person so appointed and of calling witnesses and producing other evidence on his behalf,

and [F3 for the hearing], whether by the Tribunal or the person so appointed [F3 to be] in public if the person who is the subject of the inquiry so requests;

(b) for conferring on the Tribunal and on any person so appointed such powers as the Secretary of State considers necessary, and for that purpose to apply, with any necessary modifications, any of the provisions of section 250 of the M1 Local Government Act 1972; and

(c) for the publication of the decisions of the Tribunal and the Secretary of State under this section and of the imposition and removal of any disqualifications imposed under section 48 above.

Textual Amendments

F1 Words in s. 49(a) omitted (E.W.) (21.12.1995) by virtue of 1995 c. 31, s. 5(2)(a); S.I. 1995/3090, art. 2(1), Sch. (subject to saving in art. 3)

F2 Words in s. 49(a) inserted (E.W.) (21.12.1995) by 1995 c. 31, s. 5(2)(b); S.I. 1995/3090, art. 2(1), Sch. (subject to saving in art. 3)

F3 Words in s. 49(a) substituted (E.W.) (21.12.1995) by 1995 c. 31, s. 5(2)(c); S.I. 1995/3090, art. 2(1), Sch. (subject to saving in art. 3)

Modifications etc. (not altering text)

C1 S. 49 extended (E.W.) (21.12.1995) by 1995 c. 31, s. 5(1); S.I. 1995/3090, art. 2(1), Sch. (subject to saving in art. 3)

Marginal Citations

M1 1972 c. 70(81:1).