Valid from 31/01/2004
[F129B Powers of NHS Tribunal.S
(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 in the list to which the case relates; and
(b)may also make a national disqualification, that is disqualify him for inclusion 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 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
F1Ss. 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)