The National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002

Withdrawal of accreditation

8.—(1) Subject to paragraphs (2) and (3), an accrediting authority may withdraw the approval of an accredited service provider if—

(a) the accredited service provider has persistently failed to meet any of the necessary quality standards;

(b) the accredited service provider has failed to comply with any requirement of regulation 7; or

(c) the accrediting authority considers that it is necessary to do so for the protection of members of the public or is otherwise necessary in the public interest.

(2) Where an accrediting authority is considering withdrawing approval from an accredited service provider under paragraph (1), it shall—

(a) give the accredited service provider notice in writing of its intention to withdraw approval and specifying, in a case to which paragraph (1)(a) applies, the respects in which the necessary quality standards are not being met;

(b) inform the accredited service provider that it may within 28 days of the date of the notice, make written representations to the accrediting authority, to include, in a case to which paragraph (1)(a) applies, its proposals to address its shortcomings; and

(c) inform the accredited service provider that it may request an oral hearing before the accrediting authority within the 28 day period mentioned in sub-paragraph (b).

(3) In a case where paragraph (1)(a) applies, if, in the opinion of the accrediting authority any proposals provided in accordance with paragraph (2)(b), would, if implemented, rectify the shortcomings, the accrediting authority shall not withdraw approval for a period of six months, beginning with the date on which it notifies the accredited service provider that its proposals are accepted.

(4) If no representations are received within the period specified in paragraph (2)(b), the accrediting authority shall notify the accredited service provider of its decision and the reasons for it (including any facts relied upon).

(5) Subject to paragraph (6), if any representations are received in accordance with paragraph (2)(b), the accrediting authority must take them into account in reaching its decision, and shall then notify the service provider of its decision and the reasons for it (including any facts relied upon).

(6) If the accredited service provider requests an oral hearing—

(a) the hearing must take place before the accrediting authority reaches its decision; and

(b) the accrediting authority must then notify the accredited service provider of its decision, and the reasons for it (including any facts relied upon).

(7) When an accrediting authority notifies an accredited service provider of any decision under paragraph (4), (5) or (6), it shall also notify it—

(a) of its right of appeal under regulation 10; and

(b) that it has 28 days from the date of the decision in which to appeal, and how to do so.