The National Health Service (Service Committees and Tribunal) Amendment Regulations 1996

Amendment of regulation 37 of the principal Regulations

11.  For regulation 37 of the principal Regulations there shall be substituted the following regulation—

“37.— (1) Where, in relation to any disciplinary matter—

(a) an appropriate Health Authority receives a report of a discipline committee; and

(b) having regard to the facts found by the discipline committee in relation to that matter, that Health Authority considers that the matter should be brought to the attention of the relevant professional body,

it may refer to that body any documents in its possession connected with that disciplinary matter.

(2) Where, in relation to any such disciplinary matter—

(a) the Secretary of State—

(i) receives, pursuant to regulation 8(7) a copy of the report of a discipline committee and the consequent determination of the appropriate Health Authority, or

(ii) makes a determination of an appeal under regulation 9;

(b) that matter has not been the subject of a referral by the health authority under paragraph (1); and

(c) the Secretary of State considers that the matter should be brought to the attention of the relevant professional body,

he may refer to that body any documents in his possession connected with that disciplinary matter and any appeal.

(3) Where the Secretary of State receives a copy of a decision of the Tribunal pursuant to regulation 24A(7) or 26(4), and considers that the matter should be brought to the attention of the relevant professional body, he may refer to that body any documents in his possession connected with the representations or the application for interim suspension to which the Tribunal’s decision relates.

(4) In this regulation, “the relevant professional body” means—

(a) in relation to a doctor or an ophthalmic medical practitioner, the General Medical Council(1);

(b) in relation to a dentist, the General Dental Council(2);

(c) in relation to an optician, the General Optical Council(3);

(d) in relation to a pharmacist, the Royal Pharmaceutical Society of Great Britain.”.

(1)

See the Medical Act 1983 (c. 54), section 1.

(2)

See the Dentists Act 1984 (c. 24), section 1.

(3)

See the Opticians Act 1989 (c. 44), section 1.