The National Health Service (General Medical Services Supplementary List) Regulations 2001

Reviews

14.—(1) A Health Authority may, and if requested in writing to do so by the doctor must, review a Health Authority decision to—

(a) impose or vary conditions imposed under regulation 8;

(b) impose or vary conditions imposed under regulation 12 except where the conditions were imposed by the FHSAA;

(c) suspend a doctor under regulation 13 (1)(a) or (b), except where a suspension is imposed by the FHSAA or is continuing by order of the FHSAA.

(2) A practitioner may not request a review of a Health Authority decision until the expiry of a three month period beginning with the date of the Health Authority’s decision or, in the case of a conditional inclusion under regulation 8, from the date the Health Authority includes the doctor’s name in the supplementary list.

(3) After a review has taken place, the practitioner cannot request a further review before the expiry of six months from the date of the decision on the last review.

(4) If a Health Authority decides to review its decision under this regulation to conditionally include, contingently remove or suspend a practitioner, it shall—

(a) give the doctor notice in writing of any allegation against him;

(b) give the doctor notice of what action the Health Authority is considering and on what grounds;

(c) give him the opportunity to make written representations to the Health Authority within 28 calendar days of the date of the notification under sub-paragraph (b);

(d) give him the opportunity to put his case at an oral hearing before the Health Authority, if he so requests within the 28 day period mentioned in sub-paragraph (c).

(5) If there are no representations within the period specified in paragraph (4)(c), the Health Authority shall inform the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal under regulation 15.

(6) If there are representations, the Health Authority must take them into account before reaching its decision.

(7) The Health Authority shall notify the doctor of its decision, the reasons for it (including any facts relied upon), any right of appeal under regulation 15 and the right to a further review under regulation 14.

(8) If a Health Authority decides to review its decision to impose conditions under regulation 8, the Health Authority may vary the conditions, impose different conditions, remove the conditions or remove the practitioner from the list.

(9) If a Health Authority decides to review its decision to impose a contingent removal under regulation 12, the Health Authority may vary the conditions, impose different conditions, or remove the doctor from the list.

(10) If a Health Authority decides to review its decision to suspend a doctor under regulation 13(1)(a) or (b), the Health Authority may decide to impose conditions or remove the doctor from its list.