- Latest available (Revised)
- Point in Time (17/10/2005)
- Original (As enacted)
Version Superseded: 07/03/2006
Point in time view as at 17/10/2005.
National Health Service (Scotland) Act 1978, Part II is up to date with all changes known to be in force on or before 06 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Modifications etc. (not altering text)
C1Pt II (ss. 18-35) restricted (1.4.1998) by 1997 c. 46, s. 12(1); S.I. 1998/631, art. 2(2)(b), Sch. 2
Pt. II (ss. 18-35) power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(2)(b), Sch. 2
Pt. II (ss. 18-35) power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(2)(b), Sch. 2
It shall be the duty of the Secretary of State to secure the provision of F1. . . general dental and general ophthalmic services, and of pharmaceutical services, in accordance with the provisions of this Part.
Textual Amendments
F1Words in s. 18 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 1(3), 9(1); S.S.I. 2004/58, art. 2(3)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 19 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Ss. 19-23 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Ss. 19-23 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Ss. 19-23 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6S. 21 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 22 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Ss. 19-23 repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9S. 24 repealed (1.4.2004) by Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), ss. 17, 21(2), Sch. 4 para. 5(10); S.S.I. 2004/148, art. 2(c)
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Ss. 24A-24C repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Ss. 24A-24C repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Ss. 24A-24C repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(7); S.S.I. 2004/58, art. 2(3)
(1)It shall be the duty of every Health Board, in accordance with regulations, to make as respects their area arrangements with dental practitioners under which any person for whom a dental practitioner undertakes in accordance with the arrangements to provide dental treatment and appliances shall receive such treatment and appliances; and the services provided in accordance with those arrangements are in this Act referred to as “general dental services”.
(2)Regulations may make provision as to the arrangements to be made under subsection (1), and shall include provision—
(a)for the preparation and publication of lists of dental practitioners who undertake to provide general dental services;
[F13(b)for conferring a right, subject to—
(i)[F14subsections (2A) and (2B)]
(ii)the provisions of this Part relating to the disqualification of persons providing services; and
(iii)section 8 (persons over retiring age) of the Health and Medicines Act 1988 and regulations made under that section,
on any dental practitioner who wishes to be included in any such list to be so included;]
F15(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)for the removal from the list of dental practitioners undertaking to provide general dental services for persons in any area of the name of a dental practitioner in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, general dental services for persons in that area.
[F16(2A)No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by a Health Board unless he satisfies the Board that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provisions of general dental services in the Board’s area.]
[F17(2B)Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (2) subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner on such a list as is referred to in paragraph (a) of that subsection.]
(3)The remuneration to be paid under arrangements made under this section to a dental practitioner who provides general dental services elsewhere than at a health centre shall not, F18, consist wholly or mainly of a fixed salary [F19unless either—
(a)the remuneration is paid in pursuance of arrangements made under section 33, or
(b)the services are provided in prescribed circumstances and the practitioner consents,
and it shall be the Secretary of State’s duty, before he prescribes any circumstances for the purposes of paragraph (b), to consult such organisations as appear to him to be representative of the dental profession.]
[F20[F21(4)Subsection (4B) applies where the registration of a dental practitioner in the dentists register is suspended—
(a)by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or
(b)by a direction or order of the Health Committee, the Professional Performance Committee or the Professional Conduct Committee of the General Dental Council under any of sections 27B, 27C or 30 of that Act following a relevant determination that that practitioner's fitness to practise is impaired.
(4A)For the purposes of subsection (4), a “relevant determination” that a practitioner's fitness to practise is impaired is a determination which is based solely on—
(a)the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);
(b)the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health); or
(c)both those grounds.
(4B)Where this subsection applies, the suspension shall not terminate any arrangements made with the dental practitioner for the provision of general dental services, but he shall not provide such services in person during the suspension.]
(5)Regulations may provide for the making of payments in consequence of suspension to a dental practitioner whose registration [F22is suspended as described in subsection (4)].]
Subordinate Legislation Made
P1S. 25: for previous exercises fo this power see Index to Government Orders.
P2S. 25(1)(2): s. 25(1)(2) (with ss. 105(7) and 108(1)) power exercised by S.I. 1991/1349
P3S. 25(1)(2)(2B): s. 25(1)(2)(2B) (with ss. 70(1A), 71(1), 71A, 75, 105(7), 108(1) and Sch. 11 paras. 2(6) and 3(3)(5)) power exercised by S.I. 1991/569
S. 25(2): s. 19 (with ss. 25(2), 26(2), 27(2), 105(7) and 108(1)) power exercised by S.I. 1991/1188
Textual Amendments
F13S. 25(2)(b) substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(6)
F14Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 40(2)
F15S. 25(2)(c) repealed (1.10.1998) by 1997 c. 46, s. 41(10)(12), Sch. 2 Pt. I para. 43, Sch. 3 Pt. I; 1998/1998, art. 2(2)(b), Sch. 2
F16S. 25(2A) inserted by S.I. 1981/432, art. 4(3)(b)
F17S. 25(2B) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 40(3)
F18Words repealed by Health Services Act 1980 (c. 53), Sch. 7
F19Words inserted by Health Services Act 1980 (c. 53), Sch. 6 para. 4
F20S. 25(4)(5) added by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 16(a)
F21S. 25(4)(4A)(4B) substituted for s. 25(4) (coming into force in accordance with art. 1 of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 49, Sch. 6 para. 2(2)(a) (with transitional provisions in Sch. 7 and S.I. 2006/1671)
F22Words in s. 25(5) substituted (coming into force in accordance with art. 1 of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 49, Sch. 6 para. 2(2)(b) (with transitional provisions in Sch. 7 and S.I. 2006/1671)
Modifications etc. (not altering text)
C2S. 25 restricted (28.11.1997) by 1997 c. 46, s. 1(5)(b); S.I. 1997/2620, art. 2(2)
C3S. 25(2) extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)
C4S. 25(2)(b) modified (4.3.2004) by The National Health Service (Tribunal) (Scotland) Regulations 2004 (S.S.I. 2004/38), reg. 26(2)(b) (with regs. 32-34)
(1)It shall be the duty of every Health Board to make as respects their area, in accordance with regulations, arrangements with medical practitioners having the prescribed qualifications, [F23and with ophthalmic opticians], for securing [F24the testing by such practitioners and opticians of the sight—
(a)of a child;
(b)of a person whose resources fall to be treated under the regulations as being less than his requirements or as being equal to his requirements; or
(c)of a person of such other description as may be prescribed.
(1A)In this section—
“child” means—
(a)a person who is under the age of 16 years; or
(b)a person who is under the age of 19 years and receiving qualifying full-time education; and
“qualifying full time education” means full-time instruction at a recognised educational establishment or by other means accepted as comparable by the Secretary of State, and for the purposes of this definition—
“recognised educational establishment” means an establishment recognised by the Secretary of State as being, or as comparable to, a school, college or university; and
regulations may prescribe the circumstances in which a person is or is not to be treated as receiving full-time instruction.
(1B)Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without pre-judice to the generality of this subsection, may direct that they shall be calculated—
(a)by a method set out in the regulations;
(b)by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;
(c)by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or
(d)by reference to the person’s being, or having been, entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.
(1C)Descriptions of persons may be prescribed for the purposes of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—
(a)their age;
(b)the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;
(c)the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;
(d)their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit; and
(e)the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits.
(1D)Regulations which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—
(a)as it has effect at the time when the regulations are made; or
(b)both as it has effect at that time and as amended subsequently.
(1E)Regulations may provide that a person—
(a)whose sight is tested by a person who provides general ophthalmic services; and
(b)who is shown during the testing or within a prescribed time after it to fall within subsection (1) above,
shall be taken for the purposes of the testing to have so fallen immediately before his sight was tested; and the testing shall be treated—
(i)for the purposes of any arrangements under this section;
(ii)for the purposes of remuneration in respect of the testing; and
(iii)for any such other purpose as may be prescribed, as a testing of sight under this Act.
(1F)Regulations shall define the services for the provision of which arrangements under this section are to be made and the services so defined are in this Act referred to as “general ophthalmic services”.]
(2)Regulations may make provision as to the arrangements to be made under subsection (1), and shall include provision—
(a)for the preparation and publication of lists of medical practitioners, [F25and opthalmic opticians] respectively who undertake to provide general ophthalmic services;
(b)for conferring a right, subject to the provisions of this Act relating to the disqualification of practitioners, on any medical practitioner having the prescribed qualifications, [F26or any ophthalmic optician], who wishes to be included in the appropriate list, to be so included;
(c)for conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his sight is to be tested or from whom any prescription for the supply of optical appliances is to be obtained F27;
(d)for the removal from the list of medical practitioners, [F28or ophthalmic opticians] undertaking to provide general ophthalmic services for persons in any area of the name of a medical practitioner, [F29or opthalmic optician], as the case may be, in whose case it has been determined, in such manner as may be prescribed, that he has never provided or has ceased to provide general ophthalmic services for persons in that area.
(3)The power conferred by this section to prescribe the qualifications to be possessed by any medical practitioner includes—
(a)power to prescribe a requirement that the practitioner shall show, to the satisfaction of a committee recognised by the Secretary of State for the purpose, that he possesses such qualifications (including qualifications as to experience) as may be mentioned in the regulations, and
(b)power to confer on a person who is dissatisfied with the determination of such a committee, a right of appeal to a committee appointed by the Secretary of State, and to make provision for any matter for which it appears to the Secretary of State to be requisite or expedient to make provision in consequence of the conferring of that right.
Subordinate Legislation Made
P4S. 26(2): s. 19 (with ss. 25(2), 26(2), 27(2), 105(7) and 108(1)) power exercised by S.I. 1991/1188
S. 26: for previous exercises of this power see Index to Government Orders
P5S. 26(1)(1C)(1E)(2)(with ss. 70(1), 73(a)(c), 74(a)(c), 105(7), 108(1) and Sch. 11 paras. 2, 2A) power exercised by S.I. 1991/534
Textual Amendments
F23Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 1
F24Words commencing “the testing by such practitioners" to s. 26(1F) substituted for words commencing “—(a) the" by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 13(4)
F25Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 2
F26Words substituted by Health and Social Security Act 1984 (c.48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 3
F27Words repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 1(5)(b), 24, Sch. 8 Pt. I
F28Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 4(a)
F29Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 1(7), Sch. 1 Pt. II para. 4(b)
Modifications etc. (not altering text)
C5S. 26(2) extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)
C6S. 26(2)(b) modified (4.3.2004) by The National Health Service (Tribunal) (Scotland) Regulations 2004 (S.S.I. 2004/38), reg. 26(2)(c) (with regs. 32-34)
(1)It shall be the duty of every Health Board to make, in accordance with regulations, arrangements as respects its area for the [F30provision] to persons who are in that area of—
(a)proper and sufficient drugs and medicines and listed appliances which are ordered for those persons by a medical practitioner in pursuance of his functions in the health service, the health service for England and Wales, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony), and
[F31(b)proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board [F32or by an NHS trust] of dental services; and
(c)listed drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by him of general dental services; F33. . .
[F34(cc)[F35such drugs and medicines and such listed appliances as may be determined by the Scottish Ministers for the purposes of this paragraph] which are ordered for those persons by a prescribed description of [F35person in accordance with such conditions, if any, as may be prescribed,] in pursuance of functions in the health service, the health service for England and Wales, the Northern Ireland health service or the armed forces of the Crown (excluding forces of a Commonwealth country and forces raised in a colony); and]
[F36(d)such services as may be prescribed,]]
and the [F37provision of drugs, medicines, appliances and services in accordance with the arrangements is][F38together with additional pharmaceutical services provided in accordance with a direction under section 27A, referred to in this Act] as “pharmaceutical services”.
In this subsection—
“listed” means included in a list for the time being approved by the Secretary of State for the purposes of this subsection;
“the health service for England and Wales” and “the Northern Ireland health service” mean respectively the health service established in pursuance of section 1 of the M1National Health Service Act 1946 or any service provided in pursuance of Article 4(a) of the M2Health and Personal Social Services (Northern Ireland) Order 1972.
[F39(1A)The descriptions of persons which may be prescribed for the purposes of subsection (1)(cc) are the following, or any sub-category of such a description—
[F40(a)persons who are registered in the register maintained under article 5 of the Health Professions Order 2001;]
(b)persons who are registered pharmacists;
[F41(c)persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984;]
(d)persons who are ophthalmic opticians;
(e)persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);
(f)persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);
[F42(g)persons who are registered nurses or registered midwives;]
(h)persons [F43not mentioned above] who are registered in any register established, continued or maintained under an Order in Council under section 60(1) of the Health Act 1999 (c. 8);
(i)any other description of persons which appears to the Scottish Ministers to be a description of persons whose profession is regulated by or under a provision of, or made under, Northern Ireland legislation and which the Scottish Ministers consider it appropriate to specify.
(1B)A determination under subsection (1)(cc) may—
(a)make different provision for different cases;
(b)provide for the circumstances or cases in which a drug, medicine or appliance may be ordered;
(c)provide that persons falling within a description specified in the determination may exercise discretion in accordance with any provision made by the determination in ordering drugs, medicines and listed appliances.]
[F44(2)Regulations shall provide for securing that arrangements made by a Health Board under subsection (1) will enable persons in the Board’s area for whom drugs, medicines or appliances mentioned in that subsection are ordered as there mentioned [F45, or to whom services mentioned in subsection (1)(d) are to be provided,] to receive them from persons with whom such arrangements have been made.
(3)The regulations shall include provision—
(a)for the preparation and publication by a Health Board of one or more lists of persons, other than medical practitioners and dental practitioners, who undertake to provide pharmaceutical services from premises in the Board’s area;
(b)that an application to a Health Board for inclusion in such a list shall be made in the prescribed manner and shall state—
(i)the [F46pharmaceutical] services which the applicant will undertake to provide and, if they consist of or include the supply of appliances, which appliances he will undertake to supply; and
(ii)the premises from which he will undertake to provide those services;
(c)that, except in prescribed cases—
(i)an application for inclusion in such a list by a person not already included; and
(ii)an application by a person already included in such a list for inclusion also in respect of [F46pharmaceutical] services or premises other than those already listed in relation to him,
shall be granted only if the Health Board is satisfied, in accordance with the regulations, that it is necessary or desirable to grant it in order to secure in the neighbourhood in which the premises are located the adequate provision by persons included in the list of the services, or some of the services, specified in the application; and
(d)for the removal of an entry in respect of premises from a list if it has been determined in the prescribed manner that the person to whom the entry relates—
(i)has never provided from those premises; or
(ii)has ceased to provide from them, the [F46pharmaceutical] services, or any of the services, which he is listed as undertaking to provide from them.
(4)The regulations may include provision—
(a)that an application to a Health Board may be granted in respect of some only of the [F46pharmaceutical] services specified in it;
(b)that an application to a Health Board relating to [F46pharmaceutical] services of a prescribed description shall be granted only if it appears to the Board that the applicant has satisfied such conditions with regard to the provision of those [F46pharmaceutical] services as may be prescribed;
[F47(ba)that an application to a Health Board by a person who qualified to have his name registered under the Pharmacy Act 1954 by virtue of section 4A of that Act (qualification by European diploma) shall not be granted unless the applicant satisfies the Board that he has the knowledge of English which, in the interests of himself and the persons making use of the services to which the application relates, is necessary for the provision of pharmaceutical services in the Board’s area.]
(c)that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;
(d)that, where the premises from which an application states that the applicant will undertake to provide [F46pharmaceutical] services are in an area of a prescribed description, the applicant shall not be included in the list unless his inclusion is approved by a prescribed body and by reference to [F48prescribed criteria]; and
(e)that the prescribed body may give its approval subject to conditions.
(5)The regulations shall include provision conferring on such persons as may be prescribed rights of appeal from decisions made by virtue of subsection (3) or (4).
(6)The regulations shall be so framed as to preclude—
(a)a person included in a list published under subsection (3)(a) above; and
(b)an employee of such a person;
from taking part in the decision whether an application such as is mentioned in subsection (3)(c) above should be granted or an appeal against such a decision brought by virtue of subsection (5) above should be allowed.]
Subordinate Legislation Made
P6S. 27: s. 19 (with ss. 23, 24, 27, 28, 105(7) and 108(1)) power exercised by S.I. 1991/572
S. 27: s. 19 (with ss. 27, 69, 75(a), 105(7), 108(1) and Sch. 11 para. 1) power exercised by S. I. 1991/574
S. 27: for previous exercises of power see Index to Governmental Orders
P7S. 27: s. 19 (with ss. 27 and 108(1)) power exercised by S.I. 1991/2241
P8S. 27(2): s. 19 (with ss. 25(2), 26(2), 27(2), 105(7) and 108(1)) power exercised by S.I. 1991/1188.
Textual Amendments
F30Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(a)(i)
F31S. 27(1)(b)(c) substituted for s. 27(1)(b) by Health Services Act 1980 (c. 53), s. 20(2)
F32Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(a)(ii)
F33Word “and" at end of s. 27(1)(c) omitted (1.7.1996) by virtue of Medicinal Products: Prescription by Nurses etc. Act 1992 (c. 28), s. 3; S.I. 1996/1505, art. 2
F34S. 27(1)(cc) inserted (1.7.1996) by Medicinal Products; Prescription by Nurses etc. Act 1992 (c. 28), s. 3; S.I. 1996/1505, art. 2
F35Words in s. 27(1)(cc) substituted (11.5.2001 for conferring power to make any order or regulations, otherwise 1.4.2002) by 2001 c. 15, s. 44(2) (with ss. 64(9), 65(4)); S.S.I. 2002/75, art. 2
F36S. 27(1)(d) and “; and" preceding it inserted by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(a)(iii)
F37Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(a)(iv)
F38Words in s. 27(1) substituted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 44; S.I. 1997/1780, art. 2(1), Sch.
F39S. 27(1A)(1B) inserted (11.5.2001 for conferring power to make any order or regulations, otherwise 1.4.2002) by 2001 c. 15, s. 44(3) (with ss. 64(9), 65(4)); S.S.I. 2002/75, art. 2
F40S. 27(1A)(a) substituted (9.7.2003) by The Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590), art. 3, Sch. para. 2
F41Words in s. 27(1A)(c) substituted (coming into force in accordance with art. 1 of the amending S.I.) by The Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011), art. 49, Sch. 6 para. 2(3) (with transitional provisions in Sch. 7 and S.I. 2006/1671)
F42S. 27(1A)(g) substituted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 6(a)
F43Words in s. 27(1A)(h) inserted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 6(b)
F44S. 27(2)–(6) substituted for (2) by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(3)
F45Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(b)
F46Word inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(c)
F47S. 27(4)(ba) inserted by S.I. 1987/2202, art. 5
F48Words substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(7)(d)
Modifications etc. (not altering text)
C7Words in s. 27 modified (4.3.2004) by The National Health Service (Tribunal) (Scotland) Regulations 2004 (S.S.I. 2004/38), reg. 26(2)(d) (with regs. 32-34)
C8S. 27(2) extended by Health and Medicines Act 1988 (c. 49, SIF 113:2), s. 17(1)
Marginal Citations
(1)The Secretary of State may—
(a)give directions to a Health Board requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or
(b)by giving directions to a Health Board authorise them to arrange for such provision if they wish to do so.
(2)Directions under this section may make different provision in relation to different services specified in the directions.
(3)The Secretary of State must publish any directions under this section in the Drug Tariff or in such other manner as he thinks appropriate.
(4)In this section—
“additional pharmaceutical services”, in relation to directions, means such services (of a kind that do not fall within section 27) as may be specified in the directions; and
“Drug Tariff” means the Drug Tariff published under regulation 9 of the M3National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 or under any corresponding provision replacing, or otherwise derived from, that regulation.]
Textual Amendments
F49S. 27A inserted (15.8.1997) by 1997 c. 46, s. 27(2); S.I. 1997/1780, art. 2(1), Sch.
Marginal Citations
(1)Directions under section 27A may require the Health Authority to whom they apply, when making arrangements—
(a)to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;
(b)to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.
(2)The arrangements must secure that any service to which they apply is provided only by a person whose name is included in a pharmaceutical list.
(3)Different arrangements may be made with respect to—
(a)the provision of the same service by the same person but in different circumstances; or
(b)the provision of the same service by different persons.
(4)A Health Authority must provide details of proposed arrangements (including the remuneration to be offered for the provision of services) to any person who asks for them.
(5)After making any arrangements, a Health Authority must publish, in such manner as the Secretary of State may direct, such details of the arrangements as he may direct.
(6)In this section, “pharmaceutical list” means, subject to any provision of the directions in question, a list—
(a)published by the Health Authority concerned, or by any other Health Authority, in accordance with regulations made under section 27(2)(a) of this Act; or
(b)published by any body in accordance with regulations made under section 42(2)(a) of the M4National Health Service Act 1977or Article 63(2A)(a) of the M5Health and Personal Social Services (Northern Ireland) Order 1972.]
Textual Amendments
F50S. 27B inserted (15.8.1997) by 1997 c. 46, s. 28(2); S.I. 1997/1780, art. 2(1), Sch.
Marginal Citations
(1)Except as may be provided by [F51or under] regulations, no arrangements shall be made by a Health Board with a medical practitioner or dental practitioner under which he is required or agrees to provide pharmaceutical services to any person to whom he is rendering [F52primary medical services under Part 1] or general dental services.
(2)Except as may be provided by [F53or under] regulations, no arrangements for the dispensing of medicines [F54or the provision of pharmaceutical services] shall be made with persons other than persons who are registered pharmacists or are persons lawfully conducting a retail pharmacy business in accordance with section 69 of the M6Medicines Act 1968, and who undertake
[F55(a)] that all medicines [F56provided] by them under the arrangements made under this Part shall be dispensed [F57, and
(b) that
[F58(i)] all services mentioned in section 27(1)(d) provided by them under those arrangements
[F59(ii)all additional pharmaceutical services provided in accordance with a direction under section 27A,]
shall be provided] either by, or under the direct supervision of, a registered pharmacist.
[F60(2A)Regulations shall provide for the preparation and publication by a Health Board of one or more lists of medical practitioners who undertake to supply drugs and appliances in the Board’s area.
(2B)The regulations shall include provision for the removal of an entry from a list in prescribed circumstances.]
Textual Amendments
F51Words inserted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(4)
F52Words in s. 28(1) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(8); S.S.I. 2004/58, art. 2(3)
F53Words inserted by National Health Service (Amendment) Act 1986 (c. 66, SIF 113:2), s. 3(4)
F54Words inserted by National Health Service and Community Care Act 1990 (c.19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(a)
F55 “(a)" inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(b)
F56Word substituted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(c)
F57Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 19(8)(d)
F58S. 28(2)(b) “(i)" inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 45; S.I. 1997/1780, art 2(1), Sch.
F59S. 28(2)(b)(ii) inserted (15.8.1997) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 45; S.I. 1997/1780, art. 2(1), Sch.
F60S. 28(2A)(2B) inserted (1.4.1998) by National Health Service (Primary Care) Act 1997 (c. 46), ss. 29(2), 41(3); S.I. 1998/631, art. 2(a), Sch. 1 (with arts. 3-5)
Marginal Citations
M61968 c. 67.(84).
Textual Amendments
F61S. 28A inserted (prosp.) by Health and Social Security Act 1984 (c. 48, SIF 113:1), ss. 7(2), 27(1)
(1)The remuneration to be paid to persons who provide F63. . . , general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act shall be determined by determining authorities (and they may also determine the remuneration to be paid to persons providing those services in respect of the instruction of any person in matters relating to those services).
(2)For the purposes of this section and section 28B, determining authorities are—
(a)the Secretary of State; and
(b)so far as authorised by him to exercise the functions of determining authorities, any Health Board or other person appointed by him in an instrument (referred to in this section and section 28B as an instrument of appointment).
(3)An instrument of appointment—
(a)may contain requirements with which a determining authority appointed by that instrument must comply in making determinations; and
(b)may be contained in regulations.
(4)Subject to this section and section 28B, regulations may make provision about determining remuneration under subsection (1) and may in particular impose requirements with which determining authorities must comply in making, or in connection with, determinations (including requirements as to consultation and publication).
(5)Regulations may provide—
(a)that determinations may be made by reference to any of the following—
(i)rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or to be fixed or determined, otherwise than by way of a determination under subsection (1);
(ii)scales, indices or other data of any description specified in the regulations;
(b)that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that scale or index or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.
(6)Regulations may—
(a)provide that determining authorities may make determinations which have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates;
(b)provide that any such determination which does not specify such a date shall have effect in relation to remuneration in respect of a period beginning—
(i)if it is required to be published, on the date of publication;
(ii)if it is not so required, on the date on which it is made.
(7)A reference in this section or section 28B to a determination is a reference to a determination of remuneration under subsection (1) of this section.]
Textual Amendments
F62S. 28A and side-note substituted (1.10.1999) by 1999 c. 8, s. 57(1)(2); S.S.I. 1999/90, art. 2(a), Sch. 1
F63Words in s. 28A(1) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(9); S.S.I. 2004/58, art. 2(3)
(1)Before a determination is made by the Secretary of State which relates to all persons who provide services of, or of a category falling within, one of the descriptions of services mentioned in section 28A(1), he—
(a)shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and
(b)may consult such other persons as he considers appropriate.
(2)Determinations may make different provision for different cases including different provision for any particular case, class of case or area.
(3)Determinations may—
(a)be made in more than one stage;
(b)be made by more than one determining authority;
(c)be varied or revoked by subsequent determinations.
(4)A determination may be varied—
(a)to correct an error; or
(b)where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.
(5)Determinations may, in particular, provide that the whole or any part of the remuneration—
(a)is payable only if the determining authority is satisfied as to certain conditions; or
(b)is to be applied for certain purposes or is otherwise subject to certain conditions.
(6)Subject to [F65section] 25(3), remuneration under section 28A may consist of payments by way of—
(a)salary;
(b)fees;
(c)allowances;
(d)reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services or instruction,
and may be determined from time to time.
(7)At the time a determination is made or varied, certain matters which require determining may be reserved to be decided at a later date.
(8)The matters which may be reserved include in particular—
(a)the amount of remuneration to be paid in particular cases;
(b)whether any remuneration is to be paid in particular cases.
(9)Any determination shall be made after taking into account all the matters which are considered to be relevant by the determining authority and such matters may include in particular—
(a)the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of services of the description in section 28A(1) to which the determination will relate or of any category falling within that description;
(b)the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services;
(c)the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons;
(d)the extent to which it is desirable to encourage the provision, either generally or in particular places, of the description or category of services to which the determination will relate;
(e)the desirability of promoting services which are—
(i)economic and efficient; and
(ii)of an appropriate standard.
(10)If the determination is of remuneration for a category of services falling within one of the descriptions of services mentioned in section 28A(1), the reference in subsection (9)(a) to a category of services is a reference to the same category of services or to any other category of services falling within the same description.]
Textual Amendments
F64S. 28B and sidenote substituted (1.10.1999) by 1999 c. 8, s. 57(1)(2); S.S.I. 1999/90, art. 2(a), Sch. 1
F65Words in s. 28B(6) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(10); S.S.I. 2004/58, art. 2(3)
Modifications etc. (not altering text)
(1)Regulations may make provision for the purpose of securing that, in prescribed circumstances, prescribed Part II practitioners hold approved indemnity cover.
(2)The regulations may, in particular, make provision as to the consequences of a failure to hold approved indemnity cover, including provision—
(a)for securing that a person is not be added to any list unless he holds approved indemnity cover;
(b)for the removal from a list prepared by a Health Board of a Part II practitioner who does not within a prescribed period after the making of a request by the Health Board in the prescribed manner satisfy the Health Board that he holds approved indemnity cover.
(3)For the purposes of this section—
“approved body” means a person or persons approved in relation to indemnity cover of any description, after such consultation as may be prescribed, by the Secretary of State or by such other person as may be prescribed;
“approved indemnity cover” means indemnity cover made—
on prescribed terms; and
with an approved body;
“indemnity cover”, in relation to a Part II practitioner (or person who proposes to provide Part II services), means a contract of insurance or other arrangement made for the purpose of indemnifying him and any person prescribed in relation to him to any prescribed extent against any liability which—
arises out of the provision of Part II services in accordance with arrangements made by him with a Health Board under this Part of this Act; and
is incurred by him or any such person in respect of the death or personal injury of a person;
“list” has the same meaning as in section [F6729(8)(b) to (e)];
“Part II practitioner” means a person whose name is on a list;
“Part II services” means F68. . . general dental services, general ophthalmic services or pharmaceutical services;
“personal injury” means any disease or impairment of a person’s physical or mental condition and includes the prolongation of any disease or such impairment;
and a person holds approved indemnity cover if he has entered into a contract or arrangement which constitutes approved indemnity cover.
(4)The regulations may provide that a person of any description who has entered into a contract or arrangement which is—
(a)in a form identified in accordance with the regulations in relation to persons of that description; and
(b)made with a person or persons so identified,
is to be treated as holding approved indemnity cover for the purposes of the regulations.]
Textual Amendments
F67Words in s. 28C(3) substituted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(11)(a); S.S.I. 2004/58, art. 2(3)
F68Words in s. 28C(3) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(11)(b); S.S.I. 2004/58, art. 2(3)
Textual Amendments
F69S. 28D and preceding cross-heading inserted (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 16, 43(3); S.S.I. 2005/492, art. 3(a), Sch. 1
(1)A Health Board may provide assistance and support to any person providing, or proposing to provide, general dental services.
(2)Assistance and support provided by a Health Board under subsection (1) is to be provided on such terms, including terms as to payment, as the Board think fit.
(3)In this section, “assistance” includes financial assistance.]
(1)The tribunal constituted in accordance with Schedule 8 shall continue under the name of “the NHS Tribunal” and that Schedule shall continue to have effect in relation to the Tribunal.
(2)If the Tribunal receive from a Health Board representations that—
(a)a person who is included in any list meets either of the conditions for disqualification, or
(b)a person who has applied to be included in any list meets the second condition for disqualification,
the Tribunal shall inquire into the case.
(3)If the Tribunal receive such representations from any other person, they may inquire into the case.
(4)Representations under this section shall be made—
(a)in the prescribed manner; and
(b)where the representations are that the second condition for disqualification is met and regulations prescribe the time within which such representations are to be made, within that time.
(5)Subsections (6) to (11) apply for the purposes of this group of sections.
(6)The first condition for disqualification is that the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list [F71.
(a)in relation to a list referred to in subsection (8)(a), perform or undertake to provide;
(b)in relation to any other list referred to in subsection (8),]
undertake to provide F72. . . .
(7)The second condition for disqualification is that the person concerned—
(a)has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit; and
(b)knew that he or (as the case may be) the other was not entitled to the benefit.
(8)A “list” means—
[F73(a)a list of health care professionals of a prescribed description performing primary medical services [F74or approved to assist in the provision of such services];]
[F75(aa)a list of medical practitioners approved to perform personal medical services—
(i)in accordance with section 17C arrangements; or
(ii)in connection with the provision of such services under a pilot scheme;]
(b)a list of medical practitioners undertaking to provide general ophthalmic services;
(c)a list of dental practitioners undertaking to provide general dental services;
(d)a list of ophthalmic opticians undertaking to provide general ophthalmic services; or
(e)a list of persons undertaking to provide pharmaceutical services,
prepared (in each case) under [F76or by virtue of this Part or Part I of this Act].
[F77(8A)In subsection (8)(a), “health care professional” has the same meaning as in section 17D.]
(9)“Health scheme” means—
(a)any of the health services under section 1(1) or any corresponding enactment extending to England and Wales or Northern Ireland; and
(b)any prescribed scheme,
and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.
(10)Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.
(11)Cases in which representations are made that the first condition for disqualification is met are referred to below as efficiency cases; and cases in which representations are made that the second condition for disqualification is met are referred to below as fraud cases.
(12)In this section and sections 29A to 29C—
(a)“this group of sections” means this and those sections and Schedule 8; and
(b)the NHS Tribunal is referred to as the Tribunal.]
Textual Amendments
F70S. 29 substituted (31.1.2004 for certain purposes and otherwise 4.3.2004) by 1999 c. 8, ss. 58(1), 67(1); S.S.I. 2004/32, art. 2(1)(2) (with saving for effect of 1999 c. 8, s. 58 by S.S.I. 2004/31, art. 3)
F71S. 29(6)(a)(b) inserted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 5(3)(a), 9(1); S.S.I. 2004/58, art. 2(1)(3), Sch.
F72Words in s. 29(6) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(1)(a)
F73S. 29(8)(a) substituted for s. 29(8)(a)(aa) (13.2.2004 for certain purposes otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 5(3)(b), 9(1); S.S.I. 2004/58, art. 2(1)(3), Sch.
F74Words in s. 29(8)(a) added (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(4)(b)(i); S.S.I. 2004/33, art. 2(1)(c) (with savings for effects of 2002 asp 5, Sch. 2 para. 2(4) by S.S.I. 2004/34, art. 3(2))
F75S. 29(8)(aa) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(4)(b)(ii); S.S.I. 2004/33, art. 2(2) (with savings for effects of 2002 asp 5, Sch. 2 para. 2(4) by S.S.I. 2004/34, art. 3(2))
F76Words in s. 29(8) substituted (4.3.2004 for certain purposes otherwise 1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(4)(b)(iii); S.S.I. 2004/33, art. 2(1)(d), Sch. (with savings for effects of 2002 asp 5, Sch. 2 para. 2(4) by S.S.I. 2004/34, art. 3(2))
F77S. 29(8A) inserted (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 5(3)(c), 9(1); S.S.I. 2004/58, art. 2(1)(3), Sch.
(1)Where an ophthalmic optician is a body corporate, the body corporate is to be treated for the purposes of this group of sections as meeting the second condition for disqualification if any director meets that condition (whether or not he first met that condition when he was a director).
(2)Where a body corporate carries on a retail pharmacy business, the body corporate is to be treated for the purposes of this group of sections as meeting the second condition for disqualification if any one of the body of persons controlling the body corporate meets that condition (whether or not he first met that condition when he was one of them).
(3)A person who is included in any list (“the practitioner”) is to be treated for the purposes of this group of sections as meeting the second condition for disqualification if—
(a)another person, because of an act or omission of his occurring in the course of providing [F79, or as the case may be performing,] any services mentioned in section 29(8) on the practitioner’s behalf, meets that condition; and
(b)the practitioner failed to take all such steps as were reasonable to prevent acts or omissions within section 29(7)(a) occurring in the course of the provision [F80, or performance,] of those services on his behalf.
(3A)F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The Tribunal is not required to inquire into a fraud case if they have previously inquired into representations in respect of the person concerned and the same acts or omissions.
(5)In a fraud case, regulations may make provision (including provision modifying the effect of this Part) for the purpose of securing that the person subject to the inquiry is not added to any list until proceedings in that case are finally concluded.
(6)For the purposes of this group of sections, in a fraud or efficiency case proceedings are finally concluded—
(a)if the Tribunal determine not to disqualify or conditionally disqualify him when they make that determination;
(b)if they determine to disqualify or conditionally disqualify him and no appeal is brought against the determination, at the end of the period for bringing an appeal;
(c)if they determine to disqualify or conditionally disqualify him and an appeal is brought against the determination, when the appeal process is exhausted.
(7)An inquiry under section 29 is not affected by the person subject to the inquiry withdrawing from, withdrawing any application to be included in or being removed from the list to which the case relates.]
Textual Amendments
F78Ss. 29, 29A-29C substituted for s. 29 (31.1.2004 for certain purposes and otherwise 4.3.2004) by 1999 c. 8, ss. 58(1), 67(1); S.S.I. 2004/32, art. 2(1)(2) (with savings for effect of 1999 c. 58 by S.S.I. 2004/31, art. 3)
F79Words in s. 29A(3)(a) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(5)(a)(i); S.S.I. 2004/33, art. 2(2)(b)
F80Words in s. 29A(3)(b) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(5)(a)(ii); S.S.I. 2004/33, art. 2(2)(b)
F81S. 29A(3A) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(12); S.S.I. 2004/58, art. 2(3)
(1)Subsection (2) applies where the Tribunal are of the opinion—
(a)on inquiring into an efficiency case, that the person meets the first condition for disqualification;
(b)on inquiring into a fraud case, that the person meets the second condition for disqualification.
(2)The Tribunal—
(a)shall make a local disqualification, that is disqualify him for inclusion
[F83(i)F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
in the list to which the case relates; and
(b)may also make a national disqualification, that is disqualify him for inclusion[F86 in all lists within the same paragraph of section 29(8) as that list.]
(3)If the Tribunal make a national disqualification they may also declare that the person is not fit to be engaged in any capacity in the provision [F87, or as the case may be performance,] of the services to which the lists in question relate (referred to in this group of sections as a declaration of unfitness).
(4)The Tribunal shall not make any disqualification or declaration under this section if they are of the opinion that it would be unjust to do so.
(5)A disqualification under this section shall have effect when the case is finally concluded.
(6)If a person is disqualified for inclusion in any list prepared by a Health Board, the Board must not enter him in the list and (if he is already included in the list) must remove him from the list.]
Textual Amendments
F82Ss. 29, 29A-29C and sidenotes substituted for s. 29 and sidenote (31.1.2004 for certain purposes otherwise 4.3.2004) by 1999 c. 8, ss. 58(1), 67(1); S.S.I. 2004/32, art. 2(1)(2) (with savings for effect of 1999 c. 58 by S.S.I. 2004/31, art. 3)
F83Words in s. 29B(2)(a) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(6)(a); S.S.I. 2004/33, art. 2(2)(b)
F84Words in s. 29B(2)(a)(i) and succeeding word repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(13)(a)(i); S.S.I. 2004/58, art. 2(3)
F85Words in s. 29B(2)(a)(ii) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(13)(a)(ii); S.S.I. 2004/58, art. 2(3)
F86Words in s. 29B(2)(b) substituted for s. 29B(2)(b)(i)(ii) (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch. para. 1(13)(b); S.S.I. 2004/58, art. 2(3)
F87Words in s. 29B(3) inserted (1.4.2004) by 2002 asp 5 ss. 25, 27(2), Sch. 2 para. 2(6)(c); S.S.I. 2004/33, art. 2(2)(b)
(1)The functions of making disqualifications under section 29B include making a conditional disqualification, that is, a disqualification which is to come into effect only if the Tribunal determine (on a review under section 30) that the person subject to the inquiry has failed to comply with any conditions imposed by them.
(2)Conditions may be imposed by virtue of subsection (1) with a view to—
(a)removing any prejudice to the efficiency of the services in question; or
(b)preventing any acts or omissions within section 29(7)(a),
(as the case may be).
(3)Conditions so imposed shall have effect when proceedings in the case are finally concluded.
(4)Section 29B(4) applies to a conditional disqualification as it applies to a disqualification.
(5)The Tribunal may by directions—
(a)vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under this Part);
[F89(aa)vary any requirements to which the person subject to the inquiry is subject under or by virtue of section 17P;]
(b)confer functions on any Health Board,
for the purpose of or in connection with the imposition of any conditions by virtue of this section.
(6)References in any enactment to a disqualification by the Tribunal do not include a conditional disqualification.]
Textual Amendments
F88Ss. 29, 29A-29C and sidenotes substituted for s. 29 and sidenote (31.1.2004 for certain purposes otherwise 4.3.2004) by 1999 c. 8, ss. 58(1), 67(1); S.S.I. 2004/32, art. 2(1)(2) (with savings for effect of 1999 c. 58 by S.S.I. 2004/31, art. 3)
(1)The Tribunal may review any disqualification, conditional disqualification or declaration of unfitness—
(a)if the disqualified or conditionally disqualified person requests a review; or
(b)in any other circumstances in which they consider it appropriate.
(2)On a review under subsection (1), the Tribunal may—
(a)remove a disqualification or provide that a declaration of unfitness is to cease to have effect;
(b)make a disqualification conditional;
(c)in the case of a conditional disqualification, remove it, vary the conditions or make it unconditional,
and, on a review of a fraud case, may make any further disqualification or conditional disqualification which they consider appropriate.
(3)If any Health Board request a review of a conditional disqualification on the ground that—
(a)there has been a change in the circumstances by reference to which the conditions were imposed;
(b)the person concerned has failed to comply with the conditions; or
(c)in a fraud case, the person concerned has since the Tribunal imposed the conditions (or made the disqualification conditional) again satisfied the second condition for disqualification,
the Tribunal shall review the conditional disqualification.
(4)In the case of a person who is providing [F91, or as the case may be performing,]services in England and Wales or Northern Ireland, the reference in subsection (3) to a Health Board includes [F92a reference to any authority which] under the provisions in force in England and Wales or Northern Ireland corresponding to this Part [F93would be entitled to request a review corresponding to that mentioned in the subsection].
(5)On a review under subsection (3) of a conditional disqualification, the Tribunal may remove it, vary the conditions or make it unconditional and, on a review of a fraud case, may make any further disqualification or conditional disqualification which they consider appropriate.
(6)If, on a review under this section of a fraud case—
(a)there is a national disqualification which the Tribunal do not remove or make conditional;
(b)there is a national disqualification which is conditional and which the Tribunal make unconditional; or
(c)the Tribunal make a national disqualification,
they may also make a declaration of unfitness.
(7)The Tribunal shall not under this section—
(a)in the case of a conditional disqualification, make it unconditional or vary the conditions; or
(b)make any further disqualification or conditional disqualification;
(c)make a declaration of unfitness,
if they are of the opinion that it would be unjust to do so.
(8)A determination by the Tribunal under this section shall have effect—
(a)if no appeal is brought against it, at the end of the period for bringing an appeal;
(b)if an appeal is brought against it, when the appeal process is exhausted.
(9)The Tribunal may hold an inquiry for the purposes of any review under this section.]
Textual Amendments
F90S. 30 substituted (31.1.2004 for certain purposes otherwise 4.3.2004) by 1999 c. 8, ss. 58(2), 67(1); S.S.I. 2004/32, art. 2(1)(a)(2)(a)
F91Words in s. 30(4) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(7)(a); S.S.I. 2004/33, art. 2(1)(c)
F92Words in s. 30(4) substituted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(7)(b); S.S.I. 2004/33, art. 2(1)(c)
F93Words in s. 30(4) added (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(7)(c); S.S.I. 2004/33, art. 2(1)(c)
F94(1)If—
(a)under [F95or by virtue of] any provisions in force in England or Wales or Northern Ireland corresponding to the provisions of this Part, a person is for the time being disqualified for inclusion in all lists prepared under [F96or by virtue of—]
[F96(i)those provisions so in force; or
(ii)provisions so in force corresponding to the provisions of Part I of this Act,]
of persons [F97performing,] undertaking to provide [F98, approved to assist in providing or approved to perform][F99any of the services mentioned in one of the paragraphs of section 29(8)], then
(b)[F100in relation to the services in question] that person shall, so long as that disqualification is in force, be disqualified for inclusion in [F101any list and (if also the subject of such a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him].
[F102(2)Where under the conditional disqualification provisions in England and Wales or Northern Ireland—
(a)any conditions are imposed in relation to the provision [F103, assistance in provision or performance] by any person of any of the services mentioned in section 29(8); or
(b)any conditions so imposed are varied,
the Secretary of State may, by a notice in writing given to each Health Board and to the person in question, impose those conditions in relation to the provision [F103F104. . . or performance] by that person of those services under this Part [F105, [F106Part 1 of this Act,] section 17C arrangements or a pilot scheme].
(3)A notice under subsection (2) may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to Scotland as they have in relation to England and Wales or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.
(4)Conditions imposed by a notice under subsection (2) shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.
(5)In this section, “the conditional disqualification provisions in England and Wales or Northern Ireland” means any provisions in force in England and Wales or Northern Ireland corresponding to sections 29C and (so far as relating to conditional disqualifications) 30.]
Textual Amendments
F94S. 31 renumbered as s. 31(1) (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 49; S.S.I. 2004/32, art. 2(2)(b)(c)
F95Words in s. 31(1)(a) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(a)(i); S.S.I. 2004/33, art. 2(1)(c)
F96Words in s. 31(1)(a) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(a)(ii); S.S.I. 2004/33, art. 2(1)(c)
F97Word in s. 31(1)(a) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(2)(a)
F98Words in s. 31(1)(a) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(a)(iii); S.S.I. 2004/33, art. 2(1)(c)
F99Words in s. 31(1)(a) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(a); S.S.I. 2004/32, art. 2(2)(b)(c)
F100Words in s. 31(1)(b) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(b); S.S.I. 2004/32, art. 2(2)(b)(c)
F101Words in s. 31(1)(b) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(b); S.S.I. 2004/32, art. 2(2)(b)(c)
F102S. 31(2)-(5) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(c); S.S.I. 2004/32, art. 2(2)(b)(c)
F103Words in s. 31(2) inserted (4.3.2004 for certain purposes otherwise 1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(b)(i); S.S.I. 2004/33, art. 2(1)(d)(2)(b), Sch.
F104Words in s. 31(2) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(2)(b)(i)
F105Words in s. 31(2) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(b)(ii); S.S.I. 2004/33, art. 2(2)(b)
F106Words in s. 31(2) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(2)(b)(ii)
[F107(1)]Regulations shall make provision—
(a)[F108for inquiries]. . . under sections 29 to 31 [F109to be held in accordance with such procedure as may be prescribed by or determined under the regulations]. . . and, in particular, for F110. . . any person who is the subject of such an inquiry [F111to be] informed, as soon as may be, of the substance of any charge or complaint to which the inquiry relates and [F112to 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 F113. . ., and
(ii)of being heard by the Tribunal F113. . ., and of calling witnesses and producing other evidence on his behalf,
and [F114for the hearing], F113. . . [F111to be] in public if the person who is the subject of the inquiry so requests;
(b)for conferring on the Tribunal F113. . .such powers as the Secretary of State considers necessary for the purpose of holding such inquiries, including power to require the attendance of witnesses and the production of documents and to administer oaths; and
(c)for the publication of decisions of the Tribunal F113. . . under this section and of the imposition and removal of any disqualification [F115or condition]imposed by virtue of this section, and for the intimation to any person who is the subject of such an inquiry of the grounds upon which any disqualification [F115or condition]has been imposed in his case.
[F116(2)Regulations under subsection (1)(a) may in particular provide that, where (apart from the regulations) it would be the duty of the Tribunal to inquire into both an efficiency case and a fraud case in respect of the same person, they may inquire into one case before inquiring into the other and, after proceedings in the first case are finally disposed of, may if they think it appropriate adjourn the other case indefinitely.]
Textual Amendments
F107S. 32 renumbered as s. 32(1) (31.1.2004 for certain purposes otherwise 4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 50; S.S.I. 2004/32, art. 2(1)(c)(2)(c)
F108Words in s. 32(a) substituted (1.1.1996) by 1995 c. 31, s. 11(2)(a); S.I. 1995/3214, art. 2, Sch.(with art. 3)
F109Words in s. 32(a) inserted (1.1.1996) by 1995 c. 31, s. 11(2)(b); S.I. 1995/3214, art. 2, Sch. (with art. 3)
F110Words in s. 32(a) repealed (1.1.1996) by 1995 c. 31, ss. 11(2)(c), 14(2), Sch.; S.I. 1995/3214, art. 2, Sch.(with art. 3)
F111Words in s. 32(a) substituted (1.1.1996) by 1995 c. 31, s. 11(2)(d); S.I. 1995/3214, art. 2, Sch. (with art. 3)
F112Words in s. 32(a) substituted (1.1.1996) by 1995 c. 31, s. 11(2)(e); S.I. 1995/3214, art. 2, Sch. (with art. 3)
F113Words in s. 32(a)(i)(ii)(b)(c) repealed (1.1.1996) by 1995 c. 31, s. 14(2), Sch.; S.I. 1995/3214, art. 2, Sch. (with art. 3)
F114Words in s. 32(a) substituted (1.1.1996) by 1995 c. 31, s. 11(2)(f); S.I. 1995/3214, art. 2, Sch. (with art. 3)
F115Words in s. 32(1)(c) inserted (31.1.2004 for certain purposes otherwise 4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 50(a); S.S.I. 2004/32, art. 2(1)(c)(2)(c)
F116S. 32(2) inserted (31.1.2004 for certain purposes otherwise 4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 50(b); S.S.I. 2004/32, art. 2(1)(c)(2)(c)
Modifications etc. (not altering text)
C10S. 32(a) extended (1.1.1996) by 1995 c. 31, s. 11(1); S.I. 1995/3214, art. 2 Sch.(with art. 3)
(1)A Health Board who have made representations under section 29 may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the case relates.
[F118(1A)A Health Board may, if they have requested a review of a conditional disqualification on the ground mentioned in section 30(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the review relates.]]
(2)If, on an application under this section, the Tribunal are satisfied that [F119either of the conditions for doing so is satisfied], they shall direct that subsection (3) below shall apply to the person concerned as respects services of the kind to which the case in question [F120or the case to which the review in question ]relates.
[F121(2A)The conditions for giving such a direction are—
(a)that it is necessary to do so in order to protect persons who are, or may be, provided with [F122primary medical services or] services under this Part [F123, section 17C arrangements or a pilot scheme] to which the case in question, or the case to which the review in question, relates;
(b)in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—
(i)an act or omission within section 29(7)(a) will occur; or
(ii)the investigation of the case or the review will be prejudiced.]
(3)A person to whom this subsection applies shall—
(a)be deemed to have been removed from any relevant list in which his name is included,
(b)be disqualified for inclusion in any relevant list in which his name is not included, and
(c)be deemed to be a person in relation to whom there is in force a declaration [F124of unfitness in relation to ]the provision [F125or performance ]of services of the relevant kind.
(4)A direction under subsection (2) above shall cease to have effect on the Tribunal’s disposing of the case [F126or review] in connection with which it is made.
[F127(5)In subsection (2) above, the reference to patients is to persons to whom services of the kind to which the case in question relates are, or may be, provided under this Part of this Act.]
(6)In the application of subsection (3) above to any person—
(a)“relevant list” means a list [F128prepared under this Part of this Act] of persons [F129performing or] undertaking to provide F130. . . services of the kind to which the direction applying the subsection to him relates, and
(b)“services of the relevant kind” means services of the kind to which that direction relates.
Textual Amendments
F117S. 32A inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 8; S.I. 1995/3214, art. 2, Sch.(with art. 3); S.I. 1996/552, art. 2
F118S. 32A(1A) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 51(a); S.S.I. 2004/32, art. 2(2)(b)(c) (with S.S.I. 2004/31, art. 3)
F119Words in s. 32A(2) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 51(b); S.S.I. 2004/32, art. 2(2)(b)(c) (with S.S.I. 2004/31, art. 3)
F120Words in s. 32A(2) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 51(b); S.S.I. 2004/32, art. 2(2)(b)(c) (with S.S.I. 2004/31, art. 3)
F121S. 32A(2A) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 51(c); S.S.I. 2004/32, art. 2(2)(b)(c) (with S.S.I. 2004/31, art. 3)
F122Words in s. 32A(2A)(a) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(3)(a)
F123Words in s. 32A(2A)(a) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(9)(a); S.S.I. 2004/33, art. 2(2)(b) (with savings for effects of 2002 asp 5, Sch. 2 para. 2(9) by S.S.I. 2004/34, art. 3(2))
F124Words in s. 32A(3)(c) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 51(d); S.S.I. 2004/32, art. 2(2)(b)(c) (with S.S.I. 2004/31, art. 3)
F125Words in s. 32A(3)(c) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(9)(b); S.S.I. 2004/33, art. 2(2)(b) (with savings for effects of 2002 asp 5, Sch. 2 para. 2(9) by S.S.I. 2004/34, art. 3(2))
F126Words in s. 32A(4) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 51(e); S.S.I. 2004/32, art. 2(2)(b)(c) (with S.S.I. 2004/31, art. 3)
F127S. 32A(5) repealed (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 51(f), Sch. 5; S.S.I. 2004/32, art. 2(2)(b)(c)(d) (with S.S.I. 2004/31, art. 3)
F128Words in s. 32A(6) repealed (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 51(g), Sch. 5; S.S.I. 2004/32, art. 2(2)(b)(c)(d) (with S.S.I. 2004/31, art. 3)
F129Words in s. 32A(6)(a) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(3)(b)(i)
F130Words in s. 32A(6)(a) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(3)(b)(ii)
Modifications etc. (not altering text)
C11S. 32A functions modified (4.3.2004) by The National Health Service (Tribunal) (Scotland) Regulations 2004 (S.S.I. 2004/38), reg. 27 (with savings in regs. 32-34)
F131(1)Where, on disposing of a case under section 29B, the Tribunal make a national disqualification, they may, if they consider that either of the conditions mentioned in section 32A(2A) is satisfied, direct that section 32A(3) shall apply or, if a direction has been given under section 32A(2), shall continue to apply to him as respects services of the kind to which the disqualification relates.]
(2)A direction under subsection (1) above shall cease to have effect—
(a)where no appeal against the [F133national disqualification] is brought, at the end of the period for bringing an appeal, and
(b)where an appeal against [F133the disqualification] is brought, when the appeal process has been exhausted.
(3)Where the power conferred by subsection (1) above is exercisable by virtue of a [F134disqualification which is not coupled with a declaration of unfitness], section [F13532A(3)] shall have effect, in relation to the exercise of that power, with the omission of paragraph (c).
[F136(4)In subsection (1) above, the reference to patients is to persons to whom services of the kind to which the direction under section 29(3)(b) relates are, or may be, provided under this Part of this Act.]
Textual Amendments
F131S. 32B(1) and preceding side-note substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 52(a); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)
F132S. 32B inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 8; S.I. 1995/3124, art. 2, Sch. (with art. 3); S.I. 1996/552
F133Words in s. 32B(2)(a)(b) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 52(b) and also same words substituted (4.3.2004) by 2002 asp 5, s. 25, Sch. 2, para. 2(10); S.S.I. 2004/33, art. 2(1)(c) (with savings for effects of 2002 asp 5 by S.S.I. 2004/34, art. 3(2))
F134Words in s. 32B(3) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 52(c); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)
F135Words in s. 32B(3) substituted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(10)(b); S.S.I. 2004/33, art. 2(1)(c) (with savings for effects of 2002 asp 5 by S.S.I. 2004/34, art. 3(2))
F136S. 32B(4) repealed (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 52(d), Sch. 5; S.S.I. 2004/32, art. 2(2)(c)(d) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)
Modifications etc. (not altering text)
C12S. 32B(1) functions modified (4.3.2004) by The National Health Service (Tribunal) (Scotland) Regulations 2004 (S.S.I. 2004/38), reg. 27 (with regs. 32-34))
(1)Before making a direction under section 32A(2) or 32B(1) in relation to any person, the Tribunal shall give him an opportunity—
(a)to appear before them, either—
(i)in person; or
(ii)by counsel or solicitor or such other representative as may be prescribed; and
(b)to be heard and to call witnesses and produce other evidence.
(2)Regulations may—
(a)make provision for, or for the determination of, procedure in relation to determining applications under section 32A or the exercise of the power conferred by section 32B(1), and
(b)provide for the functions of the Tribunal under section 32A or 32B to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.]
Textual Amendments
F137Ss. 29, 29A-29C substituted for s. 29 (31.1.2004 for certain purposes and otherwise 4.3.2004) by 1999 c. 8, ss. 58(1), 67(1); S.S.I. 2004/32, art. 2(1)(2) (with savings for effect of 1999 c. 58 by S.S.I. 2004/31, art. 3)
F138S. 32C inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 8; S.I. 1995/3214, art. 2, Sch.(with art. 3); S.I. 1996/552, art. 2
(1)This section applies where, under any provisions in force in England and Wales or in Northern Ireland corresponding to section 32A or 32B, a person (“the practitioner") is disqualified for inclusion in all lists prepared under [F140or by virtue of] the provisions in force there corresponding to the provisions of this Part [F140or Part I] of this Act of persons [F141performing,] undertaking to provide [F142, approved to assist in providing or approved to perform]services of one or more of the kinds specified in section [F14329(8)], other than those in which his name is included.
(2)The practitioner shall, while he is so disqualified—
(a)be disqualified for inclusion in any list prepared under [F144or by virtue of this Part or Part I] of this Act of persons [F145performing or] undertaking to provide F146. . . services of the same kinds (“relevant list") in which his name is not included, and
(b)be deemed to have been removed from any relevant list in which his name is included.
Textual Amendments
F139S. 32D inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 8; S.I. 1995/3214, art. 2, Sch. (with art. 3); S.I. 1996/552, art. 2
F140Words in s. 32D(1) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 11(a); S.S.I. 2004/33, art. 2(1)(c)
F141Word in s. 32D(1) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(4)(a)
F142Words in s. 32D(1)(2)(a) inserted (4.3.2004 for certain purposes otherwise 1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 11(c); S.S.I. 2004/33, art. 2(1)(d)(2)(b), Sch.
F143Words in s. 32D(1) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 53; S.S.I. 2004/32, art. 2(2)(c)
F144Words in s. 32D(2)(a) substituted (4.3.2004 for certain purposes otherwise 1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 11(b); S.S.I. 2004/33, art. 2(1)(d)(2)(b), Sch.
F145Words in s. 32D(2)(a) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(4)(b)(i)
F146Words in s. 32D(2)(a) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(4)(b)(ii)
(1)Regulations may provide for the making to persons to whom section 32A(3) or 32D(2) applies of payments in consequence of the application of that provision.
(2)Regulations under subsection (1) above may provide for the determination by the Secretary of State in a prescribed manner of anything for which provision may be made by regulations under that subsection.
Textual Amendments
F147S. 32E inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 8; S.I. 1995/3214, art. 2, Sch. (with art. 3); S.I. 1996/552, art. 2
If the Secretary of State is satisfied, after such inquiry as he may think fit, as respects the area of any Health Board or part of any such area that the persons included in any list prepared under this Part—
(a)of medical practitioners undertaking to provide general medical services,
(b)of dental practitioners undertaking to provide general dental services,
(c)of persons undertaking to provide general ophthalmic services, or
(d)of persons undertaking to provide pharmaceutical services,
are not such as to secure the adequate provision of the services in question in that area or part, or that for any other reason any considerable number of persons in any such area or part are not receiving satisfactory services under the arrangements in force under this Part, he may authorise the Health Board to make such other arrangements as he may approve, or may himself make other arrangements, and may dispense with any of the requirements of regulations made under this Part so far as appears to him to be necessary to meet exceptional circumstances and enable such arrangements to be made.
Regulations may provide that where a right to choose the person by whom services are to be provided under this Part is conferred by or under any provision of this Part, that right shall, in the case of such persons as may be specified in the regulations, be exercisable on their behalf by other persons so specified.
(1)It is unlawful to sell the goodwill of the medical practice of a person who has at any time—
(a)provided general medical services under arrangements made with any Executive Council or Health Board under the M7National Health Service (Scotland) Act 1947, the M8National Health Service (Scotland) Act 1972 or [F149(prior to its repeal) section 19 of] this Act, or
(b)provided or performed personal medical services in accordance with section 17C arrangements, [F150(prior to the coming into force of section 2C)][F151 or
(c)provided or performed primary medical services in accordance with section 17C arrangements or arrangements under section 2C(2) or under a general medical services contract—
(i)in prescribed circumstances; or
(ii)if regulations so provide, in all circumstances,]
unless that person no longer provides or performs such services and has never carried on the practice in a relevant area .
(2)In this section—
“goodwill” includes any part of goodwill and, in relation to a person practising in partnership, means his share of the goodwill of the partnership practice;
“medical practice” includes any part of a medical practice; and
“relevant area”, in relation to any Executive Council or Health Board by arrangement [F152or contract] with whom a person has at any time[F153 provided or performed services as specified in subsection (1)]
(3)Schedule 9 supplements the provisions of this section.]
Textual Amendments
F148S. 35 substituted (1.4.1998) by 1997 c. 47, s. 34(2); S.I. 1998/631, art. 2(a), Sch. 1
F149Words in s. 35(1)(a) inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(a)(i); S.S.I. 2004/58, art. 2, Sch.
F150Words in s. 35(1)(b) inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(a)(ii); S.S.I. 2004/58, art. 2, Sch.
F151S. 35(1)(c) and word inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(a)(iii); S.S.I. 2004/58, art. 2, Sch.
F152S. 35(2): words in the "definition of relevant" inserted (13.2.2004 for certain purposes, otherwise 1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(b)(i); S.S.I. 2004/58, art. 2, Sch.
F153Words in s. 35(2) substituted (13.2.2004 for certain purposes, otherwise 1.4.2004) for s. 35(2)(a)(b) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1)(2), Sch. para. 1(14)(b)(ii); S.S.I. 2004/58, art. 2, Sch.
Modifications etc. (not altering text)
C13S. 35(1)(c) modified (1.4.2004) by The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004 (S.S.I. 2004/163), art. 96
Marginal Citations
Where, under a direction by the Secretary of State, a Health Board has delegated any of its functions to an NHS trust, any reference in this Part to a Health Board in relation to such a delegated function shall, unless the context otherwise requires, include a reference to an NHS trust.]
Textual Amendments
F154S. 35A inserted (1.10.1999) by 1999 c. 8, s. 65(1), Sch. 4 para. 55; S.S.I. 1999/90, art. 2(a)(b)
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