National Health Service (Scotland) Act 1978

[F129 The NHS tribunal.S

(1)The tribunal constituted in accordance with Schedule 8 shall continue under the name of “the NHS Tribunal” and that Schedule shall continue to have effect in relation to the Tribunal.

(2)If the Tribunal receive from a Health Board representations that—

(a)a person who is included in any list meets either of the conditions for disqualification, or

(b)a person who has applied to be included in any list meets the second condition for disqualification,

the Tribunal shall inquire into the case.

(3)If the Tribunal receive such representations from any other person, they may inquire into the case.

(4)Representations under this section shall be made—

(a)in the prescribed manner; and

(b)where the representations are that the second condition for disqualification is met and regulations prescribe the time within which such representations are to be made, within that time.

(5)Subsections (6) to (11) apply for the purposes of this group of sections.

(6)The first condition for disqualification is that the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list [F2.

(a)in relation to a list referred to in subsection (8)(a), perform or undertake to provide;

(b)in relation to any other list referred to in subsection (8),]

undertake to provide F3. . . .

(7)The second condition for disqualification is that the person concerned—

(a)has (whether on his own or together with another) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for himself or another any financial or other benefit; and

(b)knew that he or (as the case may be) the other was not entitled to the benefit.

(8)A “list” means—

[F4(a)a list of health care professionals of a prescribed description performing primary medical services [F5or approved to assist in the provision of such services];]

[F6(aa)a list of medical practitioners approved to perform personal medical services—

(i)in accordance with section 17C arrangements; or

(ii)in connection with the provision of such services under a pilot scheme;]

(b)a list of medical practitioners undertaking to provide general ophthalmic services;

(c)a list of dental practitioners undertaking to provide general dental services;

(d)a list of ophthalmic opticians undertaking to provide general ophthalmic services; or

(e)a list of persons undertaking to provide pharmaceutical services,

prepared (in each case) under [F7or by virtue of this Part or Part I of this Act].

[F8(8A)In subsection (8)(a), “health care professional” has the same meaning as in section 17D.]

(9)“Health scheme” means—

(a)any of the health services under section 1(1) or any corresponding enactment extending to England and Wales or Northern Ireland; and

(b)any prescribed scheme,

and regulations may prescribe any scheme for the purposes of this subsection which appears to the Secretary of State to be a health or medical scheme paid for out of public funds.

(10)Detriment to a health scheme includes detriment to any patient of, or person working in, that scheme or any person liable to pay charges for services provided under that scheme.

(11)Cases in which representations are made that the first condition for disqualification is met are referred to below as efficiency cases; and cases in which representations are made that the second condition for disqualification is met are referred to below as fraud cases.

(12)In this section and sections 29A to 29C—

(a)“this group of sections” means this and those sections and Schedule 8; and

(b)the NHS Tribunal is referred to as the Tribunal.]