National Health Service Act 2006

Changes to legislation:

National Health Service Act 2006, Section 159 is up to date with all changes known to be in force on or before 16 November 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.

Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 3B(1)(aa) inserted by 2022 c. 31 Sch. 3 para. 2(b)
s. 3B(1)(za) inserted by 2022 c. 31 Sch. 3 para. 2(a)
s. 13G(4) words omitted by virtue of 2012 c. 7, Sch. 14 para. 4A (as inserted) by 2014 c. 23 s. 120(18)(a)
s. 35(3A)(3B) inserted by 2012 c. 7 s. 159(4)
s. 35(3A) words substituted by 2022 c. 31 Sch. 5 para. 12(4) (This amendment not applied to legislation.gov.uk. The insertion of s. 35(3A) by 2012 c. 7 s.159(4) not yet in force.)
s. 40(4)-(4B) substituted for s. 40(4) by 2012 c. 7 Sch. 14 para. 5
s. 42(1A) inserted by 2012 c. 7 Sch. 14 para. 6
s. 65F(2A)-(2F) inserted by 2012 c. 7 Sch. 14 para. 15(4) (This amendment is itself amended before it comes into force by 2014 c. 23, ss. 85(15), 120(18)(b)(c), 127(1); S.I. 2014/1714, art. 3(2)(b)(c))
s. 65H(10A) inserted by 2012 c. 7 Sch. 14 para. 17(4)
s. 65H(10A) omitted by 2022 c. 31 Sch. 8 para. 7(7) (This amendment not applied to legislation.gov.uk. 2012 c. 7 Sch. 14 revoked at 1.7.2022 by 2022 c. 31, s. 186(6), Sch. 7 para. 13 before the insertion of s. 65H(10A) could come into effect.)
s. 82A-83A and cross-heading substituted for s. 83 and cross-heading by 2022 c. 31 Sch. 3 para. 3
s. 84(4)-(4B) substituted for s. 84(4) by 2022 c. 31 Sch. 3 para. 4(4)
s. 92(5A) inserted by 2022 c. 31 Sch. 3 para. 9(4)
s. 94(3)(ca)(cb) substituted for s. 94(3)(ca) by 2022 c. 31 Sch. 3 para. 11(3)
s. 98A 98B substituted for s. 98A by 2022 c. 31 Sch. 3 para. 14
s. 98BC-99B and cross-heading substituted for s. 99 and cross-heading by 2022 c. 31 Sch. 3 para. 15
s. 100(3A)(3B) inserted by 2022 c. 31 Sch. 3 para. 16(4)
s. 109(3)(ca)(cb) substituted for s. 109(3)(ca) by 2022 c. 31 Sch. 3 para. 23(3)
s. 112(1)(za) inserted by 2022 c. 31 Sch. 3 para. 24(2)(b)
s. 114A 114B substituted for s. 114A by 2022 c. 31 Sch. 3 para. 26
s. 114C and cross-heading inserted by 2022 c. 31 Sch. 3 para. 27
s. 116A 116B and cross-heading inserted by 2022 c. 31 Sch. 3 para. 30
s. 117(4)(4A) substituted for s. 117(4) by 2022 c. 31 Sch. 3 para. 31(4)
s. 125A 125B substituted for s. 125A by 2022 c. 31 Sch. 3 para. 39
s. 223C(1)(c)(d) inserted by 2022 c. 31 s. 28
s. 223LA inserted by 2022 c. 31 s. 30(3)
Sch. 15 para. 4(1)(b) and word omitted by 2012 c. 7 Sch. 14 para. 39(3)

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 [F2NHS England],

(b)[F3the supplementary lists prepared by [F2NHS England],]

(c)the lists under section 91, 106, or 123 prepared by [F2NHS England],

(d)the lists under [F4section 146][F4section 147A] prepared by [F2NHS England], or the lists corresponding to the lists under section 91 prepared by [F2NHS England] 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 [F2NHS England] 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 [F2NHS England] to include him in such a list.

(4)[F2NHS England] may apply to the [F1First-tier Tribunal] for a national disqualification to be imposed on a person after [F2NHS England] 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 [F2NHS England’s] refusal.

(6)If the [F5First-tier Tribunal] imposes a national disqualification on a person—

(a)[F6neither [F2NHS England] 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, [F7[F2NHS England] (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 [F8First-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 [F9First-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 Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)