The National Health Service (Service Committees and Tribunal) Amendment Regulations 1994

Amendment to Schedule 4 to the principal Regulations

6.—(1) Schedule 4 to the principal Regulations (procedure for investigations by appropriate committees) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1)(a), for “the medical list” there is substituted “a medical list”; and

(b) for sub-paragraphs (4) to (5B) there is substituted—

“(4) A complaint mentioned in regulation 6(3)(a) or (b) (complaints about deputies) shall be brought as soon as practicable before the medical service committee.

(5) If, in the case of such a complaint, the medical service committee considers that the notice of complaint and other documents disclose reasonable grounds for believing that the doctor for whom the deputy was acting has failed to comply with his obligations under the terms of service in relation to ensuring the provision of services for his patients, the doctor shall be a party to the investigation and the provisions of these Regulations shall apply to him accordingly.

(6) In a case to which sub-paragraph (5) applies, the medical service committee shall identify each provision of the doctor’s terms of service with which it considers he may have failed to comply, and notify the FHSA accordingly.”

(3) In paragraph 3, for “2(5B)” in each place where it occurs there is substituted “2(6)”.

(4) In paragraph 4(2), “2(5A)” is omitted.

(5) In paragraph 7—

(a) in sub-paragraph (1) “or 2(5A)” is omitted; and

(b) for sub-paragraph (1A) there is substituted—

“(1A) In a case falling within paragraph 1(6A), the report shall state why the committee considers that there are no reasonable grounds for believing that the practitioner has failed to comply with his terms of service.”

(6) In paragraph 10, after sub-paragraph (c) there is inserted—

“(d) “terms of service” means, in relation to a doctor acting as deputy, the terms of service of the doctor for whom he was acting as deputy.”