National Health Service (Wales) Act 2006

114 Appeals E+W

(1) A practitioner may appeal to the [F1 First-tier Tribunal] against a decision of a Local Health Board mentioned in subsection (2) F2 . . . .

(2) The Local Health Board decisions in question are—

(a) to remove the practitioner from a list (under section 107 or 108(3) or under subsection (5)(b) of this section),

(b) to remove him contingently (under section 108),

(c) to impose any particular condition under section 108, or to vary any condition or to impose any different condition under that section,

(d) to vary his terms of service (under section 108(4)),

(e) any decision on a review of a contingent removal under section 113.

(3) The appeal must be by way of redetermination of the decision of the Local Health Board.

(4) On an appeal, the [F3 First-tier Tribunal] may make any decision which the Local Health Board could have made.

(5) If the [F3 First-tier Tribunal] decides to remove the practitioner contingently—

(a) the Local Health Board and the practitioner may each apply to the FHSAA for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and

(b) the Local Health Board may remove him from its list if it determines that he has failed to comply with a condition.

(6) The Local Health Board may not remove a person from a list, or impose a contingent removal—

(a) until the expiry of the period of 28 days referred to in subsection (1), or

(b) if the practitioner appeals within that period, until the [F3 First-tier Tribunal] has disposed of the appeal.

(7) Regulations may provide for payments by Local Health Boards to practitioners who are removed from lists pursuant to decisions of the [F3 First-tier Tribunal] under this section, but whose appeals against those decisions are successful.

(8) Regulations under subsection (7) may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Welsh Ministers or by another person appointed for the purpose by them.

Textual Amendments

F1 Words in s. 114(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 138(a)(i)

F2 Words in s. 114(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 138(a)(ii)

F3 Words in s. 114(4)(5)(6)(b)(7) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), arts. 1(1), 5(1), Sch. 2 para. 138(b)

Modifications etc. (not altering text)

C1 S. 114(5)(6): Functions made exercisable by Local Health Boards (1.10.2009) by The Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch.