The National Health Service (Service Committees and Tribunal) Regulations 1992

Making of representations and preliminary matters

24.—(1) Representations to the Tribunal under section 46(1) of the Act that the continued inclusion of a person’s name in a medical list, dental list, ophthalmic list or pharmaceutical list would be prejudicial to the efficiency of the services in question shall—

(a)be made in writing;

(b)be signed by the complainant or on his behalf by some person authorised by him; and

(c)include a preliminary statement of the alleged facts and the grounds upon which he intends to rely,

and shall be sent to the Tribunal.

(2) The complainant shall, if so required by the Tribunal, send to it, within 30 days of being so required, a further statement setting out—

(a)the alleged facts;

(b)the grounds on which the representations are made;

(c)where a fact is not within the personal knowledge of the person signing the representations, the source of the information and why it is considered to be true; and

(d)such further particulars as the Tribunal may require,

and shall, if so required by the Tribunal, verify the preliminary statement provided under paragraph (1)(c) by statutory declaration.

(3) Where the complainant is not an FHSA the Tribunal shall consider the representations and any statement furnished under paragraph (2) and if it declines to inquire into the case, it shall so inform the complainant in writing.

(4) Where an inquiry is to be held, the Tribunal shall give—

(a)to the respondent notice in writing in the form set out in Part I of Schedule 8 that the Tribunal intends to hold an inquiry as to the representations made by the complainant;

(b)to the complainant notice in writing in the form set out in Part II of Schedule 8 that the Tribunal intends to hold an inquiry as to his representations and requiring him, within a time specified in the notice, to send to the Tribunal a copy of any document which he proposes to put in evidence.

(5) The complainant shall comply with any requirement of a notice given to him under paragraph (4)(b) within the time stated in it.

(6) The Tribunal shall send to the respondent—

(a)a copy of the preliminary statement provided by the complainant under paragraph (1)(c);

(b)a copy of any further statement furnished under paragraph (2);

(c)copies of documents which have been provided by the complainant under paragraph (5); and

(d)a notice informing him that he may, by a statement in writing to be sent to the Tribunal within a time specified in the notice, admit or dispute the truth of all or any of the allegations appearing in a statement sent to him under sub-paragraph (a) or (b) of this paragraph.

(7) The Tribunal may at any time before the conclusion of the inquiry allow the statement of complaint to be amended, upon such conditions as it may think just, on the application of the complainant.