the first part of which shall be of dental practitioners who, and bodies corporate referred to in that subsection which, undertake to provide general dental services under arrangements with the Board;

the second part of which shall be of persons who do not undertake to provide such services under such arrangements but who are approved by the Board to assist in the provision of such services provided under such arrangements.

the division of either part (or both parts) of a list into further sub-parts;

eligibility for inclusion in a list;

applications for inclusion (including provision for the procedure for applications to be made and dealt with and the documents to be supplied on application);

the grounds on which an application for inclusion must be granted or refused;

requirements with which a person included in a list must comply (including requirements as to standards of performance and patient care and as to declarations, consents or undertakings);

suspension or removal from a list (including the grounds for and consequences of suspension or removal);

circumstances in which a person included in a list may not withdraw from it;

payments to be made by a Health Board in respect of a person suspended from a list (including provision for the amount of, or the method of calculating, the payment to be determined by the Scottish Ministers);

criteria to be applied in making decisions under the regulations;

disclosure of information about applicants for inclusion, refusals of applications, or suspensions, removals or references to the Tribunal, including in particular the disclosure of information about any such matter by a Health Board to the Scottish Ministers and by the Scottish Ministers to a Health Board.

a dental practitioner who, and a body corporate referred to in subsection (1) which, undertakes to provide general dental services under arrangements with a Health Board may not provide such services unless his name or, as the case may be, the body corporate's name is included in the first part of the Board's list referred to in subsection (2)(a);

a person who does not undertake to provide general dental services under arrangements with a Health Board may not assist in the provision of such services provided under arrangements with the Board unless his name is included in the second part of the Board's list referred to in subsection (2)(b).

the remuneration is paid in pursuance of arrangements made under section 33, or

the services are provided in prescribed circumstances and the practitioner consents,

by an interim suspension order under section 32 of the Dentists Act 1984 (interim orders); or

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.

the ground mentioned in paragraph (b) of subsection (2) of section 27 of the Dentists Act 1984 (deficient professional performance);

the ground mentioned in paragraph (c) of that subsection (adverse physical or mental health); or

both those grounds.

conferring on any person a right to choose in accordance with the prescribed procedure the medical practitioner or ophthalmic optician by whom his eyes are to be examined, his sight is to be tested or from whom any prescription for the supply of optical appliances is to be obtained.

the division of either part (or both parts) of a list into further sub-parts;

eligibility for inclusion in a list;

applications for inclusion (including provision for the procedure for applications to be made and dealt with and the documents to be supplied on application);

the grounds on which an application for inclusion must be granted or refused;

requirements with which a person included in a list must comply (including requirements as to standards of performance and patient care and as to declarations, consents or undertakings);

suspension or removal from a list (including the grounds for and consequences of suspension or removal);

circumstances in which a person included in a list may not withdraw from it;

payments to be made by a Health Board in respect of a person suspended from a list (including provision for the amount of, or the method of calculating, the payment to be determined by the Scottish Ministers);

criteria to be applied in making decisions under the regulations;

disclosure of information about applicants for inclusion, refusals of applications, or suspensions, removals or references to the Tribunal, including in particular the disclosure of information about any such matter by a Health Board to the Scottish Ministers and by the Scottish Ministers to a Health Board.

a medical practitioner or ophthalmic optician who undertakes to provide general ophthalmic services under arrangements with a Health Board may not provide such services unless his name is included in the first part of the Board's list referred to in subsection (2)(a)(i);

a person who does not undertake to provide general ophthalmic services under arrangements with a Health Board may not assist in the provision of such services provided under arrangements with the Board unless his name is included in the second part of the Board's list referred to in subsection (2)(a)(ii).

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

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.

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

proper and sufficient drugs and medicines which are ordered for those persons by a dental practitioner in pursuance of the provision by that Board F27 or by an NHS trust of dental services; and

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; F28 . . .

F30such 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 F30person 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

such services as may be prescribed,

persons who are registered in the register maintained under article 5 of F162the Health and Social Work Professions Order 2001;

persons who are registered pharmacists;

persons who are registered in the dental care professionals register established under section 36B of the Dentists Act 1984;

persons who are ophthalmic opticians;

persons who are registered osteopaths within the meaning of the Osteopaths Act 1993 (c. 21);

persons who are registered chiropractors within the meaning of the Chiropractors Act 1994 (c. 17);

persons who are registered nurses or registered midwives;

persons F38not 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);

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.

make different provision for different cases;

provide for the circumstances or cases in which a drug, medicine or appliance may be ordered;

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.

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;

that an application to a Health Board may be granted in respect of some only of the F41pharmaceutical services specified in it;

that an application to a Health Board relating to F41pharmaceutical 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 F41pharmaceutical services as may be prescribed;

that an application to a Health Board by a person who qualified to have his name registered F43 in Part 1 or 4 of the register maintained under article 19 of the Pharmacy Order 2010 by virtue of a qualification in pharmacy awarded in an EEA State other than the United Kingdom, or in Switzerland 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.

that the inclusion of a person in a list in pursuance of such an application may be for a fixed period;

that, where the premises from which an application states that the applicant will undertake to provide F41pharmaceutical 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 F44prescribed criteria; and

that the prescribed body may give its approval subject to conditions.

a person included in a list published under subsection (3)( a ) above; and

an employee of such a person;

give directions to a Health Board requiring them to arrange for the provision to persons in their area of additional pharmaceutical services; or

by giving directions to a Health Board authorise them to arrange for such provision if they wish to do so.

to include, in the terms on which the arrangements are made, such terms as may be specified in the directions;

to impose, on any person providing a service in accordance with the arrangements, such conditions as may be so specified.

the provision of the same service by the same person but in different circumstances; or

the provision of the same service by different persons.

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

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.

that all medicines F52provided by them under the arrangements made under this Part shall be dispensed F53, and

arrangements have been made under this Part with a registered pharmacist; and

the registration of that pharmacist is suspended by virtue of any direction or order under the Pharmacy Order 2010,

the Secretary of State; and

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).

may contain requirements with which a determining authority appointed by that instrument must comply in making determinations; and

may be contained in regulations.

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.

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;

shall consult a body appearing to him to be representative of persons to whose remuneration the determination would relate, and

may consult such other persons as he considers appropriate.

be made in more than one stage;

be made by more than one determining authority;

be varied or revoked by subsequent determinations.

to correct an error; or

where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.

is payable only if the determining authority is satisfied as to certain conditions; or

is to be applied for certain purposes or is otherwise subject to certain conditions.

salary;

fees;

allowances;

reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services or instruction,

the amount of remuneration to be paid in particular cases;

whether any remuneration is to be paid in particular cases.

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;

the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services;

the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons;

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;

for securing that a person is not be added to any list unless he holds approved indemnity cover;

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.

in a form identified in accordance with the regulations in relation to persons of that description; and

made with a person or persons so identified,

who has applied to be included; or

who is included,

in the prescribed manner; and

where F68. . . regulations prescribe the time within which such representations are to be made, within that time.

in relation to a list referred to in subsection (8)(a), (cc) or (e), perform;

in relation to a list referred to in subsection (8)(c) or (d), undertake to provide or are approved to assist in providing;

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

knew that he or (as the case may be) the other was not entitled to the benefit.

a list of health care professionals of a prescribed description performing primary medical services F74or approved to assist in the provision of such services;

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a list of dental practitioners and bodies corporate referred to in section 25(1) undertaking to provide, and of persons who are approved to assist in providing, general dental services;

a list of persons performing personal dental services;

a list of medical practitioners and ophthalmic opticians undertaking to provide, and of persons who are approved to assist in providing, general ophthalmic services; or

a list of registered pharmacists performing pharmaceutical care services,

any of the health services under section 1(1) or any corresponding enactment extending to England and Wales or Northern Ireland; and

any prescribed scheme,

“this group of sections” means this and those sections and Schedule 8; and

the NHS Tribunal is referred to as the Tribunal.

another person, because of an act or omission of his occurring in the course of providing F86assisting in providing,F87, or as the case may be performing, any services mentioned in section 29(8) on the practitioner’s behalf, meets that condition; and

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 F88, F89assistance in provision, or performance, of those services on his behalf.

if the Tribunal determine not to disqualify or conditionally disqualify him when they make that determination;

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;

if they determine to disqualify or conditionally disqualify him and an appeal is brought against the determination, when the appeal process is exhausted.

on inquiring into an efficiency case, that the person meets the first condition for disqualification;

on inquiring into a fraud case, that the person meets the second condition for disqualificationF95;

on inquiring into an unsuitability case, that the person meets the third condition for disqualification.

the list to which the case relates;

all lists within the same paragraph of subsection (8) of section 29 as that list; and

removing any prejudice to the efficiency of the services in question; F101. . .

preventing any acts or omissions within section 29(7)(a)F102;

vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under this Part);

vary any requirements to which the person subject to the inquiry is subject under or by virtue of section F10417F, 17P or 17X or this Part;

confer functions on any Health Board,

if the disqualified or conditionally disqualified person requests a review; or

in any other circumstances in which they consider it appropriate.

remove a disqualification; F107. . .

make a disqualification conditional;

in the case of a conditional disqualification, remove it, vary the conditions or make it unconditional.

there has been a change in the circumstances by reference to which the conditions were imposed;

the person concerned has failed to comply with the conditions; or

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,

in the case of a conditional disqualification, make it unconditional or vary the conditions; F110. . .

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if no appeal is brought against it, at the end of the period for bringing an appeal;

if an appeal is brought against it, when the appeal process is exhausted.

for conferring on the Tribunal F114. . .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

for the publication of decisions of the Tribunal F114. . . under this section and of the imposition and removal of any disqualification F121or conditionimposed 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 F121or conditionhas been imposed in his case.

services of the kind to which the case in question, or the case to which the review in question, relates; and

if the services are either general dental services or personal dental services, both general dental services and personal dental services.

that it is necessary to do so in order to protect persons who are, or may be, provided with F129primary medical services F130, pharmaceutical care services or services under this Part F131, section 17C arrangements or a pilot scheme to which the case in question, or the case to which the review in question, relates;F132 or

that it is otherwise in the public interest to do so.

be deemed to have been removed from any relevant list in which his name is included,F133 and

be disqualified for inclusion in any relevant list in which his name is not included, F134. . .

F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where no appeal against the F143F142. . . disqualification is brought, at the end of the period for bringing an appeal, and

where an appeal against F143the disqualification is brought, when the appeal process has been exhausted.

to be heard and to call witnesses and produce other evidence.

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

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.

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 F154(prior to its repeal) section 19 of this Act, or

provided or performed personal medical services in accordance with section 17C arrangements, F155(prior to the coming into force of section 2C)F156 or