- Latest available (Revised)
- Original (As enacted)
National Health Service (Wales) Act 2006, Section 104 is up to date with all changes known to be in force on or before 16 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Regulations may provide—
(a)that if a person is included in an ophthalmic list or a pharmaceutical list he is subject, while he remains included in the list, to conditions determined by the Local Health Board in whose list he is included,
(b)for the Local Health Board to vary that person's terms of service for the purpose of or in connection with the imposition of any such conditions,
(c)for the Local Health Board to vary the conditions or impose different ones,
(d)for the consequences of failing to comply with a condition (including removal from the list), and
(e)for the review by the Local Health Board of any decision made by virtue of the regulations.
(2)The imposition of conditions must be with a view to—
(a)preventing any prejudice to the efficiency of the services in question, or
(b)preventing any acts or omissions within section 107(3)(a).
(3)If regulations provide for a practitioner's removal from the list for breach of condition—
(a)the regulations may provide that he may not withdraw from the list while the Local Health Board is investigating whether there are grounds for exercising their power to remove him, or after the Local Health Board has decided to remove him but before it has given effect to that decision, and
(b)the regulations must include provision—
(i)requiring the practitioner to be given notice of any allegation against him,
(ii)giving him the opportunity of putting his case at a hearing before the Local Health Board makes any decision as to his removal from the list, and
(iii)requiring him to be given notice of the decision of the Local Health Board and the reasons for it and of his right of appeal under subsection (4).
(4)If regulations provide as mentioned in subsection (1), they must also provide for an appeal by the person in question to the [F1First-tier Tribunal] against the decision of the Local Health Board—
(a)to impose conditions, or any particular condition,
(b)to vary a condition,
(c)to vary his terms of service,
(d)on any review of an earlier such decision of the Local Health Board,
(e)to remove him from the list for breach of condition,
and the appeal must be by way of redetermination of the decision of the Local Health Board.
(5)The regulations may provide for any such decision not to have effect until the determination by the [F1First-tier Tribunal] of any appeal against it, and must so provide in relation to a decision referred to in subsection (4)(e).
(6)Regulations under this section may provide for the disclosure by a Local Health Board, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description—
(a)about persons whose inclusion in an ophthalmic or pharmaceutical list is subject to conditions imposed under this section, and
(b)about the removal of such persons from such a list for breach of condition.
(7)In this Part, “terms of service” means the terms upon which, by virtue of regulations, a person undertakes to provide pharmaceutical services.
Textual Amendments
F1Words in s. 104(4)(5) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 133
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: