The National Health Service (General Medical and Pharmaceutical Services) (Scotland) Amendment Regulations 1991

Amendment of regulation 13 (appeal to the Secretary of State) of the principal Regulations

10.  In regulation 13 (appeal to the Secretary of State) of the principal Regulations—

(a) for paragraphs (1) and (2) there shall be substituted the following paragraphs:—

“(1) Any appeal to the Secretary of State on a point of law—

(a) pursuant to section 23(2A)(c) of the Act(1) by a doctor who has not been selected by a Health Board as mentioned in paragraph (c) of that subsection; or

(b) pursuant to section 23(5) of that Act by a doctor whose application under section 20 of that Act has been refused by the Medical Practices Committee or has been granted by that Committee subject to conditions; or

(c) pursuant to regulation 12B (variation of conditions in connection with inclusion in a medical list),

shall be made and determined in accordance with the following paragraphs of this regulation.

(2) A doctor may appeal by sending to the Secretary of State a notice of appeal within 14 days, or within such longer period as the Secretary of State may for reasonable cause allow, of the date on which notice of the decision of the Health Board or, as the case may be, the Medical Practices Committee is given to him.

(2A) A notice of appeal shall contain a concise statement of the point or points of law in respect of which the doctor contends that the decision of the Health Board or, as the case may be, the Medical Practices Committee is erroneous.”;

(b) in paragraph (3) for the words from “the Committee” to the end of the paragraph there shall be substituted the words “and the Board or, as the case may be, the Medical Practices Committee”;

(c) in paragraph (4) for the words from “appoint” to the end of the paragraph there shall be substituted the words

“appoint—

(a) a person who is an advocate or a solicitor; and

(b) where the Secretary of State sees fit, one or more other persons,

to hear the appeal.”;

(d) in paragraph (5) for the words “Committee, the Board” there shall in each case be substituted the words “Health Board or, as the case may be, the Committee”;

(e) in paragraph (6), the words “Committee and the Board” there shall be substituted the words “Board or, as the case may be, the Committee”;

(f) after paragraph (8) there shall be added the following paragraph:—

“(9) Where, on allowing an appeal, the Secretary of State remits an application to the Board or, as the case may be, the Committee for reconsideration—

(a) he shall give to that Board or, as the case may be, that Committee such directions as appear to him to be desirable with a view to ensuring the proper determination of the application in accordance with the relevant law; and

(b) that Board or, as the case may be, that Committee shall redetermine the application and in so doing shall comply with any directions given by the Secretary of State under sub-paragraph (a) of this paragraph.”.

(1)

Section 23(2A)(c) was inserted by the 1990 Act, section 39(2).