Health Act 1999

Prospective

This section has no associated Explanatory Notes

18In section 48 (disqualification provisions in Scotland or Northern Ireland)—

(a)in paragraph (a), for the words from “services” to “above” there is substituted “ any of the services mentioned in any of the paragraphs of section 46(8) above ”,

(b)in paragraph (b), at the beginning there is inserted “in relation to the services in question” and for the words from “a list” to the end there is substituted “ any list and (if also the subject of 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. ”

(2)Where under the conditional disqualification provisions in Scotland or Northern Ireland—

(a)any conditions are imposed in relation to the provision by any person of any services mentioned in section 46(8) above, or

(b)any conditions so imposed are varied,

the Secretary of State may, by a notice in writing given to each Health Authority and to the person in question, impose those conditions in relation to the provision by that person of those services under this Part of this Act.

(3)A notice under subsection (2) above may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to England and Wales as they have in relation to Scotland 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) above 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 Scotland or Northern Ireland” means any provisions in force in Scotland or Northern Ireland corresponding to sections 46C and (so far as relating to conditional disqualifications) 47 above