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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The National Health Service (Appellate and Other Functions) Regulations 1992 No. 660 URL: http://www.bailii.org/uk/legis/num_reg/1992/uksi_1992660_en.html |
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Statutory Instruments
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
Made
10th March 1992
Laid before Parliament
11th March 1992
Coming into force
1st April 1992
The Secretary of State for Health, in exercise of powers conferred by sections 13, 16, 17, 18, 42 and 126(4) of, and paragraph 12 of Schedule 5 to, the National Health Service Act 1977(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the National Health Service (Appellate and Other Functions) Regulations 1992, and shall come into force on 1st April 1992.
2.-(1) In these Regulations, unless the context otherwise requires-
"the Act" means the National Health Service Act 1977;
"FHSA" means a Family Health Services Authority(2);
"the Medical Regulations" means the National Health Service (General Medical Services) Regulations 1992(3);
"the Pharmaceutical Regulations" means the National Health Service (Pharmaceutical Services) Regulations 1992(4);
"relevant functions" means the functions which, by virtue of section 13 of the Act and of these Regulations, are exercisable by the Yorkshire Regional Health Authority;
"the Schedule" means the Schedule to these Regulations;
"the Yorkshire Regional Health Authority" means the Regional Health Authority established for the Counties of Humberside, North Yorkshire and West Yorkshire(5).
(2) Unless the context otherwise requires-
(a)any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations;and
(b)any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
3.-(1) Subject to paragraph (3), any function of the Secretary of State under a provision mentioned in column (1) of Part I, II or III of the Schedule (the subject matter of which is indicated in a corresponding entry in column (2)) shall be exercised on his behalf by the Yorkshire Regional Health Authority.
(2) Subject to paragraph (3) and regulation 6 (transitional provisions), where, by virtue of-
(a)regulation 25 of the Pharmaceutical Regulations, the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974(6) continue to have effect as respects any function conferred on the Secretary of State under any provision mentioned in column (1) of Part IV of the Schedule (the subject matter of which is indicated in a corresponding entry in column (2)); or
(b)regulation 38 of the National Health Service (Service Committees and Tribunal) Regulations 1992(7), the National Health Service (Service Committees and Tribunal) Regulations 1974(8) continue to have effect as respects any function conferred on the Secretary of State under any provision mentioned in column (1) of Part V of the Schedule (the subject matter of which is indicated in a corresponding entry in column (2)),
that function shall be exercised on his behalf by the Yorkshire Regional Health Authority.
(3) Nothing in paragraph (1) or (2) makes exercisable by the Yorkshire Regional Health Authority any function of the Secretary of State in relation to-
(a)any-
(i)investigation or proposed investigation, or
(ii)referral or proposed referral of any matter for investigation,
by a committee of an FHSA whose locality is in Wales;
(b)the appointment of any member of such a committee;
(c)any decision, report or recommendation of-
(i)an FHSA whose locality is in Wales,
(ii)a committee of such an FHSA, or
(iii)any other body appointed by such an FHSA;
(d)any appeal against such a decision;
(e)the appointment of any person to hold a hearing, give advice or make a determination in connection with any matter referred to in sub-paragraph (c) or (d) of this paragraph.
4.-(1) The Yorkshire Regional Health Authority shall, as respects its relevant functions, make arrangements for the exercise of those functions on its behalf-
(a)as respects any function under regulation 36(12) and (15) of the Medical Regulations or regulation 8(7), (10) or (15), 10(5) or (6) or 13(5), (8) or (13) of the Pharmaceutical Regulations or regulation 29(4A) of, or paragraph 4 of Schedule 4C to, the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974, by a committee established by that Authority for the purpose and constituted-
(i)in the case of regulation 36(12) and (15) of the Medical Regulations, in accordance with paragraph (2), and
(ii)in the case of any other provision mentioned in this sub-paragraph, in accordance with paragraph (4);
(b)as respects any function arising under any other provision mentioned in the Schedule, by an officer of that Authority.
(2) Subject to paragraph (3), a committee established for the purposes of paragraph (1)(a)(i) shall comprise a chairman and two other members, of whom-
(a)the chairman shall be a barrister or a solicitor;
(b)one of the other members shall be a medical practitioner whose name is included in a list published by an FHSA under section 29(2)(a) of the Act; and
(c)the remaining member shall be a medical practitioner.
(3) A medical practitioner shall not be appointed as a member of a committee constituted under paragraph (2) if his name is included in the list published under section 29(2)(a) of the Act by the FHSA whose decision is the subject of an appeal which the committee is established to determine.
(4) A committee established for the purposes of paragraph(1)(a)(ii)-
(a)may, but need not, be composed wholly or partly of officers of the Yorkshire Regional Health Authority; and
(b)shall consist of no more than 5 members, of whom-
(i)in the case of a committee consisting of two members, both members shall be lay persons, or
(ii)in the case of a committee consisting of more than two members, either all, or a majority, of the members shall be lay persons; but
(c)shall not, when exercising any function conferred by-
(i)regulation 8(7), (10) or (15) of the Pharmaceutical Regulations, include any person whose name is included in a list published under section 42(2)(a) of the Act (lists of persons undertaking to provide pharmaceutical services) or any employee of such a person,
(ii)any provision to which paragraph (1)(a)(ii) applies, include any person, or any employee of a person, whose name is included in any list published under section 29(2)(a) or 42(2)(a) of the Act (lists of persons undertaking to provide general medical services or pharmaceutical services) by the FHSA whose decision is the subject of an appeal which the committee is established to determine.
(5) In this regulation, "lay person" means a person who is not, and never has been-
(a)a medical practitioner;
(b)a dental practitioner;
(c)a registered pharmacist;
(d)a registered ophthalmic optician or a registered dispensing optician within the meaning of the Opticians Act 1989(9); or
(e)a registered nurse, a registered midwife or a registered health visitor(10) .
5. Where, before 1st April 1992-
(a)any appeal or application under a provision mentioned in column (1) of Part V of the Schedule is received by the Secretary of State; or
(b)any other matter is referred to the Secretary of State under any such provision,
the Secretary of State shall, as respects that appeal, application or other matter, discharge his functions under the provision in question as if these Regulations had not come into force.
6. The National Health Service (Appellate Functions) (Directions to Authorities) Regulations 1991(11) are hereby revoked.
William Waldegrave
Secretary of State for Health
10th March 1992
regulation 3
| (1) | (2) |
|---|---|
| Provision of Regulations | Nature of function |
| The Medical Regulations- | |
| regulation 7(6) to (10) | to entertain and determine appeal against FHSA's decision to remove name from medical list, and to give consequential direction |
| regulation 24(2), (4) and (12) to (16) | to entertain and determine appeal against FHSA's decision as to size of doctor's list of patients, or against FHSA's decision that doctor is to be treated for the purposes of his list size as an assistant rather than a partner |
| regulation 27(10), (11), (15), (16) and (18) | to entertain and determine appeal against FHSA's refusal to include name in child health surveillance list or against FHSA's decision to remove name from child health surveillance list, and to give consequential direction |
| regulation 30(11), (12), (16), (17) and (19) | to entertain and determine appeal against FHSA's refusal to include name in obstetric list or against FHSA's decision to remove name from obstetric list, and to give consequential direction |
| regulation 32(10), (11), (15), (16) and (18) | to entertain and determine appeal against FHSA's refusal to include name in minor surgery list or against FHSA's decision to remove name from minor surgery list, and to give consequential direction |
| regulation 36(8) to (17) | to entertain and determine appeal against FHSA's decision as to whether or not substance is a drug |
| Schedule 2, paragraph 14(8) and (9) | to entertain and determine appeal against FHSA's refusal to approve deferment of doctor's obligations in relation to new patients, or against conditional approval |
| Schedule 2, paragraph 22(5) to (7) | to entertain and determine appeal against FHSA's refusal, or withdrawal, of consent to deputising arrangement, or against imposition or variation of condition |
| Schedule 2, paragraph 29(13) to (15) | to entertain and determine appeal against FHSA's refusal to approve times and places at which doctor proposes to be available to patients, or against conditional approval |
| Schedule 2, paragraph 29(23) to (25) | to entertain and determine appeal against FHSA's direction requiring re-allocation of doctor's hours of availability |
| Schedule 2, paragraph 34(1) | to entertain and determine appeal against FHSA's refusal to consent to doctor's alteration to practice area |
| (1) | (2) |
|---|---|
| Provision of Regulations | Nature of function |
| The Pharmaceutical Regulations- | |
| regulation 8 | to entertain and determine appeal against FHSA's decision of application for inclusion in pharmaceutical list, or against its refusal to amend original application or to extend time allowed for commencement of provision of services |
| regulation 10 | to entertain and determine appeal against FHSA's decision that, or its refusal to consider whether, area is or is not rural in character, or against its decision as to postponement of making or termination of arrangements for provision of pharmaceutical services by a doctor |
| regulation 13 | to entertain and determine appeal against FHSA's decision of, or itsrefusal to consider, application relating to controlled locality, or against its decision as to postponement of making or termination of arrangements for provision of pharmaceutical services by a doctor, or against its refusal to consider an application for preliminary consent |
| regulation 17(6) to (8) | to entertain and determine appeal against FHSA's decision to remove name from pharmaceutical list, and to give consequential direction |
| regulation 20(5), and (11) to (14) | to entertain and determine appeal in connection with FHSA's decision to require doctor to provide pharmaceutical services |
| Schedule 2, paragraph 4(10) to (12) | to entertain and determine appeal against FHSA's refusal to approve times at which chemist proposes to provide pharmaceutical services, or against conditional approval |
| Schedule 2, paragraph 4(22) and (23) | to entertain and determine appeal against FHSA's direction requiring revision of times at which chemist is required to provide pharmaceutical services |
| (1) | (2) |
|---|---|
| Provision of Regulations | Nature of function |
| The National Health Service (Service Committees and Tribunal) Regulations 1992(12) - | |
| regulation 7(3) and (4) | to consent to referral of matter to appropriate committee after expiry of time limit |
| regulation 9(5)(c) and (d) | to receive recommendations of FHSA |
| regulation 9(9) | to receive notice of decision of FHSA following report of appropriate committee |
| regulations 10 and 11 | to entertain and determine appeal against FHSA's decision following report by appropriate committee, including matters relating to costs |
| regulations 12, 13 and 14(1) to (10), except regulation 14(1)(d) | to entertain any representations and determine action to be taken (in the form of recovery of amount or of prior approval requirement) in relation to person found by FHSA, or on appeal, to have failed to comply with terms of service |
| regulation 14(11) to (14) | to entertain and determine application in relation to prior approval requirement |
| regulation 15(19) to (21), (22) (but not sub-paragraph (a) or (b)(ii) thereof), (25) and (27) | to entertain and determine appeal against decision of professional committee in connection with over prescribing by a doctor |
| regulation 35(1), (2) and (3)(c), except in relation to a time specified in regulation 16, 17 or 27 | to exercise power to extend time limits |
| regulation 36, except in relation to any appointment made under regulation 27 or 30 | to exercise power to rescind appointments and appoint further persons |
| regulation 37(2) | to exercise power to refer case papers to professional body |
| Schedule 2, paragraph 5(3) | to receive reference in relation to FHSA's appointment of chairman of committee |
| Schedule 2, paragraph 5(5) | to exercise power to appoint new chairman of committee |
| Schedule 3, paragraphs 1 and 2 | to exercise power to consent to investigation |
| Schedule 3, paragraph 4 | to entertain and determine appeal against decision of committee that no reasonable grounds for delay in making complaint |
| Schedule 5, Part II | to appoint Medical Advisory Committee |
| Schedule 5, Part III | to appoint Dental Advisory Committee |
| Schedule 6, paragraph 2 | to give notice of hearing of oral representations |
| Schedule 6, paragraph 5 | to receive report of persons appointed to hear oral representations |
| (1) | (2) |
|---|---|
| Provision of Regulations | Nature of function |
| The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974- | |
| regulation 29(4A) | appeal against FHSA's scheme for securing proper pharmaceutical services |
| Schedule 4C, paragraph 4, as it relates to an appeal made by a Local Medical Committee, a Local Pharmaceutical Committee or an FHSA | appeal against FHSA's decision in connection with application for inclusion in pharmaceutical list |
| (1) | (2) |
|---|---|
| Provision of Regulations | Nature of function |
| The National Health Service (Service Committees and Tribunal) Regulations 1974- | |
| regulation 3(3)(d) and (e) | appointment of chairman of service committee |
| regulations 5(2) and 6(6)(a) | to consent to investigation of complaint, or referral of matter, to service committee |
| regulation 5(4) | to entertain and determine appeal against decision of service committee not to seek consent |
| regulation 10(9) | to receive report of service committee |
| regulations 11, 12 and 13 | to entertain and determine appeal from decision of FHSA following investigation by service committee or denture conciliation committee |
| regulation 14, other than paragraph (1)(a)(iii), (b) and (c) of that regulation | to determine question of withholding of remuneration, and, where necessary, to appoint persons to hear representations, other than in cases of reports of the Tribunal or local representative committee |
| regulation 15(1) and (2) (except the words in paragraph (1) from "or any report" to "Part III of these Regulations") | to determine question of imposition of prior approval requirement, and where necessary, to appoint persons to hear representations, other than in the case of a report of the Tribunal |
| regulation 15(3) | to determine application for termination of prior approval requirement |
| regulation 52 | to exercise power to appoint further persons for purposes of regulation 12 or 14 |
| regulation 53 | to exercise power to extend time limits imposed in regulation 5(4),11(1) or 13 |
| regulation 53A(2) | to exercise power to refer case papers to professional body |
(This note is not part of the Regulations)
These Regulations provide for the exercise by the Yorkshire Regional Health Authority of certain appellate and other functions conferred on the Secretary of State, under provisions of Regulations listed in the Schedule, in connection with decisions and functions of Family Health Services Authorities (regulation 3). Provision is also made requiring the Yorkshire Regional Health Authority to make arrangements for the functions conferred on it under these Regulations to be discharged on its behalf either by an officer of the Authority or by a committee established in accordance with the Regulations, according to the nature of the function in question (regulation 4).
These Regulations make transitional provision in connection with the exercise of functions in relation to matters begun, but not determined, before 1st April 1992 (regulation 5). They also revoke an earlier instrument under which certain of the functions conferred directly on the Yorkshire Regional Health Authority by these Regulations were previously conferred on that Authority, and on other Regional Health Authorities but required to be exercised by the Yorkshire Regional Health Authority on their behalf (regulation 6).
1977 c. 49; section 13 was amended by paragraph 33 of Schedule 1 to the Health Services Act 1980 (c. 53) ("the 1980 Act"); section 16 was amended by paragraph 36 of Schedule 1 to the 1980 Act, and section 3(3) of the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"); section 17 was substituted by paragraph 2 of Schedule 3 to the Health and Social Security Act 1984 (c. 48) and amended by section 3(4) of the 1990 Act; section 18 was amended by paragraph 38 of Schedule 1 to the 1980 Act, and was modified by S.I. 1985/39; section 42 was substituted by section 3(1) of the National Health Service (Amendment) Act 1986 (c. 66), amended by article 4 of S.I. 1987/2202 and further amended by section 12(3) of the 1990 Act; section 126(4) was amended by section 65(2) of the 1990 Act; paragraph 12 of Schedule 5 was amended by paragraph 9 of Schedule 1 to the 1990 Act; see, for the definitions of "prescribed" and "regulations", section 128(1), as amended by section 26(2)(g) and (i) of the 1990 Act.
See section 2(1) of the National Health Service and Community Care Act 1990 (c. 19).
S.I. 1992/635.
S.I. 1992/662.
See S.I. 1981/1836, article 3 and the Schedule.
S.I. 1974/160; the relevant amending instruments are S.I. 1987/401, 1987/1425, 1989/1360, 1990/1757 and 1991/555.
S.I.1992/664.
S.I. 1974/455, as amended by S.I. 1974/907, 1982/288, 1985/39, 1987/445, 1989/1630, 1990/538, 1752, 1938, 1991/555, 581,1992/24.
See the Nurses, Midwives and Health Visitors Act 1979(c. 36), section 10(7).
S.I. 1991/553.
S.I. 1992/664.