C1Part IIC2C3General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Annotations:
Modifications etc. (not altering text)
C1

Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C2

Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C3

Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

Provisions as to disqualification of practitioners

49MF1 Appeals

1

A practitioner may appeal to the FHSAA against a decision of a Health Authority mentioned in subsection (2) by giving notice in writing to the FHSAA within the period of 28 days beginning with the date on which the Health Authority gave him notice of the decision.

2

The Health Authority decisions in question are—

a

to remove the practitioner from a list (under section 49F or 49G(3) or under subsection (5)(b) of this section),

b

to remove him contingently (under section 49G),

c

to impose any particular condition under section 49G, or to vary any condition or to impose any different condition under that section,

d

to vary his terms of service (under section 49G(4)),

e

any decision on a review of a contingent removal under section 49L.

3

The appeal shall be by way of redetermination of the Health Authority’s decision.

4

On an appeal, the FHSAA may make any decision which the Health Authority could have made.

5

If the FHSAA decides to remove the practitioner contingently—

a

the Health Authority and the practitioner may each apply to the FHSAA for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and

b

the Health Authority may remove him from their list if they determine that he has failed to comply with a condition.

6

The Health Authority shall not remove a person from a list, or impose a contingent removal—

a

until the expiry of the period of 28 days referred to in subsection (1), or

b

if the practitioner appeals within that period, until the FHSAA has disposed of the appeal.

7

Regulations may provide for payments by Health Authorities to practitioners who are removed from lists pursuant to decisions of the FHSAA under this section, but whose appeals against those decisions are successful.