http://www.legislation.gov.uk/id/uksi/2001/3750

http://www.legislation.gov.uk/uksi/2001/3750/article/29/made

The Family Health Services Appeal Authority (Procedure) Rules 2001

National Health Service (NHS)

NHS management

Family health services

Hearings

Health and social care professionals

King's Printer of Acts of Parliament

2017-06-08

NATIONAL HEALTH SERVICE, ENGLAND

These Rules make provision about the proceedings of the Family Health Services Appeal Authority (“the FHSAA”), which is established with effect from 14th December 2001 by section 49S of and Schedule 9A to the National Health Service Act 1977 (“the 1977 Act”) inserted by section 27 of the Health and Social Care Act 2001.

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(1)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(2)(a)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(1)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(2)(b)(i)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(1)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(2)(b)(ii)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(1)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(2)(b)(iii)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(1)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(2)(b)(iv)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(2)(a)(i)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(3)(a)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(2)(a)(iii)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(3)(b)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 15(1)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(4)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 46(b)

The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

Sch. 1

para. 27(5)

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

reg. 2

The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006

Sch. 1

para. 5(a)

art. 42

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

reg. 2

The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006

Sch. 1

para. 5(b)

art. 42

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

reg. 2

The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006

Sch. 1

para. 5(c)

art. 42

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule 2(ba)

The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Sch. 1

para. 10(a)

art. 46

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule 2(b)(h)(i)

The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Sch. 1

para. 10(b)

art. 46

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule 2(g)

The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Sch. 1

para. 10(c)

art. 46

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule 2(c)

The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008

Sch. 1

para. 8(a)

reg. 17

reg. 1(2)

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule 2(g)

The Primary Ophthalmic Services Amendment, Transitional and Consequential Provisions Regulations 2008

Sch. 1

para. 8(b)

reg. 17

reg. 1(2)

The Family Health Services Appeal Authority (Procedure) Rules 2001

Rules

The Transfer of Tribunal Functions Order 2010

Sch. 4

Pt. 1

art. 1(1)

The Family Health Services Appeal Authority (Procedure) Rules 2001

reg. 2(1)

The Pharmacy Order 2010

Sch. 4

para. 33

Sch. 5

art. 1(5)

art. 2(1)

Sch.

The Family Health Services Appeal Authority (Procedure) Rules 2001

rule. 2(2)(a)(ii)

The National Health Service (Performers Lists) Amendment Regulations 2005

reg. 12(4)

reg. 1(1)

PART IVGENERAL MATTERS RELATING TO CASES

(A)ACKNOWLEDGEMENT AND REGISTRATION ETC.

Acknowledgement and registration of appeal or application and service of documents by FHSAA29

1

Upon receiving a notice of appeal or notice of application, as the case may be, the FHSAA shall provided that the notice of appeal was given or the notice of application was made within the time described in rule 5 or 15 or in the 1977 Act as appropriate—

a

send to the appellant or the applicant an acknowledgement of its receipt which shall include a notice that advice in relation to the proceedings may be obtained from the FHSAA,

b

enter particulars of it in the register, and

c

inform the appellant or the applicant in writing of the case number of the appeal or application entered in the register (which shall thereafter constitute the title of the proceedings).

2

Upon receiving a reply from a respondent the FHSAA shall—

a

send the respondent an acknowledgement of its receipt;

b

enter particulars of the reply in the register; and

c

inform the respondent of the case number of the appeal or application, as the case may be.

3

Subject to paragraph (4) the FHSAA shall serve forthwith a copy of any document submitted by a party in connection with an appeal or an application on the other party in the case, provided that if any document is sent or delivered to the FHSAA after a time prescribed in these Rules other than in rule 5 or 15, the FHSAA may defer service pending a decision by a panel for the extension of the time limit in question.

4

If any document supplied to the FHSAA by a party in an appeal or an application contains any matter that relates to—

a

a person’s intimate personal or financial circumstances,

b

is commercially sensitive,

c

consists of information communicated or obtained in confidence, or

d

considerations of national security are involved,

and for that reason the party seeks to restrict its disclosure, that party shall inform the FHSAA of that fact and of the reasons for seeking such a restriction.

5

In any case falling within paragraph (4) the FHSAA shall serve the copies as provided in this rule only in accordance with directions given by the panel to which the case is allocated.

6

In this rule, “respondent” includes a respondent Health Authority.