The National Health Service (Service Committees and Tribunal) Amendment Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the National Health Service (Service Committees and Tribunal) Regulations 1992 to implement the provisions of the National Health Service (Amendment) Act 1995, which amended the provisions of the National Health Service Act 1977 dealing with the National Health Service Tribunal (“the Tribunal”) and provided the Tribunal with power to suspend doctors, dentists, pharmacists, opthalmic medical practitioners and opticians from providing respectively general medical services, general dental services, pharmaceutical services and general opthalmic services.

Part II makes provision for the appointment of a deputy chairman and makes other minor amendments relating to members or officers of the Tribunal.

Part III abolishes rights of appeal to the Secretary of State against decisions of the Tribunal, and applications to the Secretary of State for the lifting of any disqualification directed by the Tribunal.

Part IV provides for the procedure relating to applications for interim suspension and for continuation of suspension pending appeal, and makes provision for the chairman or a deputy chairman to carry out Tribunal functions in connection with suspension applications.

Part V makes provision for the chairman of the Tribunal to give practice directions and for the chairman or a deputy chairman to determine Tribunal procedure, and makes amendments relating to costs, evidence, witnesses and referral of matters to professional bodies. It also makes transitional provisions for outstanding appeals to the Secretary of State under the 1992 Regulations and provides that Part IV of these Regulations, which relate to suspension of practitioners, shall apply only to doctors and dentists.