The National Health Service (Service Committees and Tribunal) (Scotland) Amendment (No.2) Regulations 1998

Made4th June 1998

Laid before Parliament10th June 1998

Coming into force1st July 1998

The Secretary of State, in exercise of the powers conferred on him by sections 19(2), 25(2), 26(2), 27(2), 105(7) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals and its Scottish Committee in accordance with section 8(1) of the Tribunals and Inquiries Act 19922, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Service Committees and Tribunal) (Scotland) Amendment (No.2) Regulations 1998 and shall come into force on 1st July 1998.

2

In these Regulations “the principal Regulations” means the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 19923.

Amendment of regulation 1 of the principal Regulations2

In regulation 1(2) of the principal Regulations–

a

for the definition of “practitioner” there shall be substituted the following definition:–

“practitioner” means a doctor, a dentist, an ophthalmic medical practitioner, an optician or a pharmacist, as the case may be;

b

the definition of “professional person” shall be omitted.

Amendment of regulation 21 of the principal Regulations3

In regulation 21 of the principal Regulations (interpretation and forms) where the words “professional person” occur there shall be substituted the word “practitioner”.

Amendment of regulation 24 of the principal Regulations4

For paragraph (1A) of regulation 24 of the principal Regulations (submission of a representation)4 there shall be substituted the following paragraph:–

1A
Where the representations are made under paragraph 3 of Schedule 1 to the 1997 Act they shall be sent to the Tribunal within two weeks of the date of publication by the Secretary of State under regulation 43B of information about the application.

Amendment of regulation 44 of the principal Regulations5

In regulation 44(1) of the principal Regulations (service of notices etc.) in sub-paragraph (c) for the words “professional person” there shall be substituted the word “practitioner”.

Amendment of Schedule 1 to the principal Regulations6

In Schedule 1 to the principal Regulations5 in paragraphs 1(c), 3(1) and 8(c) where the words “professional person” occur there shall be substituted the word “practitioner”.

Amendment of Schedule 1A to the principal Regulations7

In Schedule 1A to the principal Regulations6–

a

in paragraphs 8(1) and 8(2)(a) for the words “professional persons” there shall be substituted the word “practitioners”; and

b

in paragraph 9(a) for the words “professional person” there shall be substituted the word “practitioner”.

Sam GalbraithMinister for Health, Scottish OfficeSt Andrew’s House,Edinburgh4th June 1998

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Service Committee and Tribunal) (Scotland) Regulations 1992 (“the principal Regulations”). The definition of “practitioner” is expanded by regulation 2 to include members of all the health professions covered by the Regulations, and the expression “professional person” is now omitted. Regulations 3 and 5 to 7 implement the consequential amendments. These changes are to ensure that the principal Regulations apply equally to each of the professions and to remove a source of possible confusion.

Regulation 4 amends regulation 24 of the principal Regulations to change the time limit for the making of representations in respect of applications by doctors for preferential treatment on transferring to medical lists.