National Health Service (Scotland) Act 1978

29Disqualification of persons providing services

(1)There shall be constituted a tribunal (hereafter in this Act referred to as " the Tribunal ") for the purpose of inquiring into cases where representations are made in the prescribed manner to the Tribunal by a Health Board or any other person that the continued inclusion of any person in any list prepared under this Part—

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

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

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

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

(e)of dispensing opticians undertaking to provide general ophthalmic services; or

(f)of persons undertaking to provide pharmaceutical services,

would be prejudicial to the efficiency of the services in question.

(2)Schedule 8 shall have effect in relation to the Tribunal.

(3)The Tribunal, on receiving representations from a Health Board, shall, and in any other case may, inquire into the case and, if they are of the opinion that the continued inclusion of the said person in any list to which the representations relate would be prejudicial to the efficiency of the said services, shall direct that his name be removed from that list, and may also, if they think fit, direct that his name be removed from, or not be included in, any corresponding list kept by any other Health Board under this Part.

(4)An appeal shall lie to the Secretary of State from any direction of the Tribunal under subsection (3), and the Secretary of State may confirm or revoke that direction in whole or in part.

(5)Where the Tribunal direct that the name of any person be removed from, or not included in, any list or lists, the Health Board or Boards concerned shall—

(a)if no appeal is brought, at the end of the period for bringing an appeal, or

(b)if an appeal is brought and the direction of the Tribunal as regards any such list or lists is confirmed by the Secretary of State, on receiving notice of the Secretary of State's decision,

remove the name of the person concerned from the list or lists in question.

(6)The references in subsections (1), (3) and (5) to a Health Board shall include a reference to such committee or joint committee as may be prescribed.