National Health Service Act 2006

Changes over time for: Section 159

Version Superseded: 01/07/2022

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National Health Service Act 2006, Section 159 is up to date with all changes known to be in force on or before 19 December 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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159National disqualificationE+W

(1)If the [F1First-tier Tribunal] removes the practitioner from a list, it may also decide to disqualify him from inclusion in—

(a)the pharmaceutical lists prepared by [F2the Board],

(b)[F3the supplementary lists prepared by [F2the Board],]

(c)the lists under section 91, 106, or 123 prepared by [F2the Board],

(d)the lists under [F4section 146][F4section 147A] prepared by [F2the Board], or the lists corresponding to the lists under section 91 prepared by [F2the Board] by virtue of regulations made under section 145,

(e)the lists corresponding to the lists mentioned in paragraphs (a) to (d) prepared by each Local Health Board under or by virtue of the National Health Service (Wales) Act 2006 (c. 42),

or only from inclusion in one or more descriptions of such lists prepared by [F2the Board] and each Local Health Board, the description being specified by the [F1First-tier Tribunal] in its decision.

(2)A decision by the [F1First-tier Tribunal] to do what is mentioned in subsection (1) is referred to in this section as the imposition of a national disqualification.

(3)The [F1First-tier Tribunal] may also impose a national disqualification on a practitioner if it dismisses an appeal by him against the refusal by [F5the Board] to include him in such a list.

(4)[F6The Board] may apply to the [F1First-tier Tribunal] for a national disqualification to be imposed on a person after [F7the Board] has—

(a)removed him from a list prepared by it of any of the kinds referred to in subsection (1)(a) to (d), or

(b)refused to include him in such a list.

(5)Any such application must be made before the end of the period of three months beginning with the date of the removal or of [F8the Board's] refusal.

(6)If the [F9First-tier Tribunal] imposes a national disqualification on a person—

(a)[F10neither the Board nor a] Local Health Board may include him in a list of any of the kinds prepared by it from which he has been disqualified from inclusion, and

(b)if he is included in such a list, [F11the Board (if he is included in a list prepared by it)] and each Local Health Board in whose list he is included must remove him from it.

(7)The [F12First-tier Tribunal] may at the request of the person upon whom it has been imposed review a national disqualification, and on a review may confirm it or revoke it.

(8)Subject to subsection (9), the person may not request such a review before the end of the period of—

(a)two years beginning with the date on which the national disqualification was imposed, or

(b)one year beginning with the date of the [F13First-tier Tribunal’s] decision on the last such review.

(9)The Secretary of State may provide in regulations for subsection (8) to have effect in prescribed circumstances as if the reference there to “two years” or “one year” were a reference to a different period specified in the regulations.

Textual Amendments

F1Words in s. 159(1)-(4) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 119(a) (with Sch. 5)

F2Words in s. 159(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3S. 159(1)(b) omitted (27.3.2012 for specified purposes) by virtue of Health and Social Care Act 2012 (c. 7), ss. 208(4)(a), 306(1)(d)(4)

F4Words in s. 159(1)(d) substituted (27.3.2012 for specified purposes) by Health and Social Care Act 2012 (c. 7), ss. 208(4)(b), 306(1)(d)(4)

F5Words in s. 159(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6Words in s. 159(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F7Words in s. 159(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F8Words in s. 159(5) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(5); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F9Words in s. 159(6) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 119(a) (with Sch. 5)

F10Words in s. 159(6)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(6)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11Words in s. 159(6)(b) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 85(6)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)