National Health Service (Scotland) Act 1978

[F1 29B 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

[F2 (i) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

in the list to which the case relates; and

(b) may also make a national disqualification, that is disqualify him for inclusion[F5 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 [F6 , 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

F1 Ss. 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)

F2 Words 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)

F3 Words in s. 29B(2)(a)(i) and succeeding word repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch.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)

F4 Words in s. 29B(2)(a)(ii) repealed (1.4.2004) by Primary Medical Services (Scotland) Act 2004 (asp 1), ss. 8, 9(1), Sch.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)

F5 Words 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)

F6 Words 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)