The Family Health Services Appeal Authority (Primary Care Act) Regulations 2001

PART I GENERAL

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Family Health Services Appeal Authority (Primary Care Act) Regulations 2001 and shall come into force on 14th December 2001.

(2) These Regulations extend to England only.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“the 1977 Act” means the National Health Service Act 1977(1);

“Chairman” means the chairman of a panel to which a case is allocated;

“the complainant” means a Health Authority or other person who has made representations under paragraph 3 of Schedule 1 to the Primary Care Act;

“the FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act(2);

“doctor” means a registered medical practitioner, other than one acting in the capacity of an ophthalmic medical practitioner;

“inquiry” means an inquiry held under the provisions of these Regulations;

“panel” shall be construed in accordance with regulation 5(1);

“the Primary Care Act” means the National Health Service (Primary Care) Act 1997;

“the President” means the President of the FHSAA and includes any Deputy President;

“proceedings” means any proceedings before the FHSAA relating to representations and includes inquiries, hearings and hearings of preliminary matters; and

“representations” means representations made by a complainant to the FHSAA in accordance with these Regulations under paragraph 3(1) or (2) of Schedule 1 to the 1997 Act.

(2) In these Regulations—

(a) any reference to any document being signed by a party to proceedings shall include signature on behalf of such a person by a person who is properly authorised to do so; and

(b) a reference—

(i) to a numbered Part is to the Part bearing that number,

(ii) to a numbered regulation is to the regulation bearing that number, and

(iii) to a numbered paragraph in a regulation is to the paragraph bearing that number in that regulation.

(1)

1977 c. 49.

(2)

Section 49S was inserted into the National Health Service Act 1977 (c. 49) (“the 1977 Act”) by the 2001 Act, section 27(1). By virtue of the amendment made to the 1997 Act by the 2001 Act, section 27(5)(b), “the Tribunal” in Schedule 1 means the FHSAA constituted under section 49S of the 1977 Act.