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The Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001
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- UK Statutory Instruments
- 2001 No. 3744
- Regulation 5
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Cases under the 1977 Act where the appeal period has not ended or an appeal is not concluded by the relevant date
5.—(1) In any case where the Tribunal makes a local or a national disqualification decision before the relevant date but the appeal period does not end, an appeal is not withdrawn, or an appeal is not concluded until after that date, the following paragraphs shall apply.
(2) Where a person who is the subject of a local disqualification decision does not file an appeal by the end of the appeal period he shall be treated as having been removed from the applicant Health Authority’s list from the effective date.
(3) Where a person who is the subject of a national disqualification decision does not file an appeal against that decision by the end of the appeal period, any suspension pending appeal direction shall cease to apply and he shall be treated as having had a national disqualification imposed on him by the FHSAA from the effective date and, subject to paragraph (4), section 49N(8) of the 1977 Act shall apply in his case.
(4) Where the FHSAA states that it is of the opinion that there is a need for an immediate review because—
(a)a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
(b)the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period of two years specified in section 49N(8)(a) of the 1977 Act which applies before a first review may be undertaken shall be reduced to the period that has already elapsed.
(5) Where a person who is the subject of a local or national disqualification decision—
(a)has filed an appeal which is not concluded by the relevant date,
(b)withdraws an appeal after that date, or
(c)files an appeal within an appeal period ending after that date,
any suspension pending appeal direction, if given, shall continue to apply, and paragraphs (3) and (4) of regulation 6 shall apply in his case.
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