Office of Public Sector Information
PART I continued
(1) Subsection (2) below applies where the Tribunal are of the opinion—
(a) on inquiring into an efficiency case, that the person meets the first condition for disqualification,
(b) on inquiring into a fraud case, that the person meets the second condition for disqualification.
(2) The Tribunal—
(a) shall make a local disqualification, that is disqualify him for inclusion in the list to which the case relates, and
(b) may also make a national disqualification, that is disqualify him for inclusion in all lists within the same paragraph of section 46(8) above as that list.
(3) If the Tribunal make a national disqualification they may also declare that the person is not fit to be engaged in any capacity in the provision of the services to which the lists in question relate (referred to in this group of sections as a declaration of unfitness).
(4) The Tribunal shall not make any disqualification or declaration under this section if they are of the opinion that it would be unjust to do so.
(5) A disqualification under this section shall have effect when proceedings in the case are finally concluded.
(6) If a person is disqualified for inclusion in any list prepared by a Health Authority, the Authority must not enter him in the list and (if he is already included in the list) must remove him from the list.
(1) The functions of making disqualifications under section 46B above include making a conditional disqualification, that is, a disqualification which is to come into effect only if the Tribunal determine (on a review under section 47 below) that the person subject to the inquiry has failed to comply with any conditions imposed by them.
(2) Conditions may be imposed by virtue of subsection (1) above with a view to—
(a) removing any prejudice to the efficiency of the services in question, or
(b) preventing any acts or omissions within section 46(7)(a) above,
(as the case may be).
(3) Conditions so imposed shall have effect when proceedings in the case are finally concluded.
(4) Section 46B(4) above applies to a conditional disqualification as it applies to a disqualification.
(5) The Tribunal may by directions—
(a) vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under this Part),
(b) confer functions on any Health Authority,
for the purpose of or in connection with the imposition of any conditions by virtue of this section.
(6) References in any enactment to a disqualification by the Tribunal do not include a conditional disqualification.”
(2) For section 47 of the 1977 Act (removal of disqualification) there is substituted—
(1) The Tribunal may review any disqualification, conditional disqualification or declaration of unfitness—
(a) if the disqualified or conditionally disqualified person requests a review, or
(b) in any other circumstances in which they consider it appropriate.
(2) On a review under subsection (1) above, the Tribunal may—
(a) remove a disqualification or provide that a declaration of unfitness is to cease to have effect,
(b) make a disqualification conditional,
(c) in the case of a conditional disqualification, remove it, vary the conditions or make it unconditional,
and, on a review of a fraud case, may make any further disqualification or conditional disqualification which they consider appropriate.
(3) If any Health Authority request a review of a conditional disqualification on the ground that—
(a) there has been a change in the circumstances by reference to which the conditions were imposed,
(b) the person concerned has failed to comply with the conditions, or
(c) in a fraud case, the person concerned has since the Tribunal imposed the conditions (or made the disqualification conditional) again satisfied the second condition for disqualification,
the Tribunal shall review the conditional disqualification.
(4) In the case of a person who is providing services in Scotland or Northern Ireland, the reference in subsection (3) above to a Health Authority includes any corresponding authority under the provisions in force in Scotland or Northern Ireland corresponding to this Part of this Act.
(5) On a review under subsection (3) above of a conditional disqualification, the Tribunal may remove it, vary the conditions or make it unconditional and, on a review of a fraud case, may make any further disqualification or conditional disqualification which they consider appropriate.
(6) If, on a review under this section of a fraud case—
(a) there is a national disqualification which the Tribunal do not remove or make conditional,
(b) there is a national disqualification which is conditional and which the Tribunal make unconditional, or
(c) the Tribunal make a national disqualification,
they may also make a declaration of unfitness.
(7) The Tribunal shall not under this section—
(a) in the case of a conditional disqualification, make it unconditional or vary the conditions,
(b) make any further disqualification or conditional disqualification, or
(c) make a declaration of unfitness,
if they are of the opinion that it would be unjust to do so.
(8) A determination of the Tribunal under this section shall have effect—
(a) if no appeal is brought against it, at the end of the period for bringing an appeal,
(b) if an appeal is brought against it, when the appeal process is exhausted.
(9) The Tribunal may hold an inquiry for the purposes of any review under this section.”
(1) For section 4 of the 1977 Act (special hospitals) there is substituted—
(1) The duty imposed on the Secretary of State by section 1 above to provide services for the purposes of the health service includes a duty to provide hospital accommodation and services for persons who are liable to be detained under the [1983 c. 20.] Mental Health Act 1983 and in his opinion require treatment under conditions of high security on account of their dangerous, violent or criminal propensities.
(2) The hospital accommodation and services mentioned in subsection (1) above are in this Act referred to as “high security psychiatric services”.
(3) High security psychiatric services shall be provided only at hospital premises at which services are provided only for the persons mentioned in subsection (1) above; and for this purpose “hospital premises” means—
(a) a hospital; or
(b) any part of a hospital which is treated as a separate unit.”
(2) In section 145(1) of the [1983 c. 20.] Mental Health Act 1983 (interpretation), in the definition of “the managers”, paragraph (b) is omitted.
(3) At the end of paragraph 10 of Schedule 2 to the 1990 Act (powers of NHS trusts to enter into NHS contracts) there is inserted—
“(2) An NHS trust may not, as the provider, enter into an NHS contract for the provision of high security psychiatric services unless the NHS trust is approved for the purpose of this paragraph by the Secretary of State.
(3) Such approval—
(a) shall be for a period specified in the approval,
(b) may be given subject to conditions, and
(c) may be amended or revoked at any time.”
After section 124 of the 1977 Act there is inserted—
(1) The Registrar General may provide to the Secretary of State any information to which this section applies.
(2) Any information provided under subsection (1) above shall be provided in such form as appears to the Registrar General appropriate for the purpose of assisting the Secretary of State in the performance of his functions in relation to the health service.
(3) This section applies to any information—
(a) entered in any register kept under the [1953 c. 20.] Births and Deaths Registration Act 1953; or
(b) which is kept by the Registrar General under any other enactment and relates to any birth or death.
(4) In subsection (3) above, “enactment” includes an enactment contained in subordinate legislation.”
(1) Section 15 of the [1993 c. 46.] Health Service Commissioners Act 1993 (confidentiality of information) is amended as follows.
(2) In subsection (1), at the beginning of paragraph (e) there is inserted “where the information is to the effect that any person is likely to constitute a threat to the health or safety of patients”.
(3) Subsection (1A) is omitted.
(4) In subsection (1B)—
(a) for “such a case” there is substituted “a case within subsection (1)(e)”,
(b) the words following “patients” are omitted.
(5) In subsection (1C), for paragraphs (a) and (b) there is substituted—
“(a) where he knows the identity of the person mentioned in subsection (1)(e), inform that person that he has disclosed the information and of the identity of any person to whom he has disclosed it, and
(b) inform the person from whom the information was obtained that he has disclosed it”.
(1) The Secretary of State may by order make such provision as he considers appropriate in consequence of the matters mentioned in subsection (2) (the “relevant defects”).
(2) Those matters are—
(a) the omission from Part III of Schedule 2 to the [S.I. 1996/709.] Health Authorities Act 1995 (Transitional Provisions) Order 1996 (which determined the relevant Health Authority in relation to any Family Health Services Authority in England whose locality comprised or formed part of the area of more than one Health Authority) of an entry for Bromley Family Health Services Authority,
(b) the inclusion in Part III or IV of Schedule 1 to that order (which determined the relevant Health Authority in relation to any Family Health Services Authority whose locality comprised or formed part of the area of only one Health Authority) of an entry for any Family Health Services Authority in England or Wales whose locality comprised or formed part of the area of more than one Health Authority (and an entry for which should accordingly have been included in Part III or IV of Schedule 2 to that order),
(c) the omission from column 2 of the entry for any Family Health Services Authority in Part III or IV of Schedule 2 to that order (which together with column 3 of that entry specified the relevant Health Authorities in relation to that Family Health Services Authority) of any Health Authority whose area or any part of whose area forms part of the locality of the Family Health Services Authority and which was not included in column 3 of that entry,
(d) where—
(i) the locality of a Family Health Services Authority and the area of a Health Authority overlap but do not coincide, and
(ii) the Family Health Services Authority had compiled a list of persons residing in its locality,
the treatment, incorrectly, by a Health Authority of a person included in that list as residing, or as not residing, in their area.
(3) Provision that may be made under subsection (1) includes, in particular—
(a) provision amending the Health Authorities Act 1995 (Transitional Provisions) Order 1996,
(b) provision transferring, or adding, the name of any Part II practitioner to any Part II list in which he is (or, at the material time, was) not included because of any of the relevant defects,
(c) provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been done by or in relation to the proper authority or a person of that description identified by reference to the proper authority,
(d) provision for treating anything done by or in relation to an acting authority or a person of any description identified by reference to an acting authority as having been so done in the exercise by them or him of functions on behalf of the proper authority or a person of that description identified by reference to the proper authority.
(4) Any provision made by an order under this section may be made with effect from any date after 31st March 1996 specified in the order.
(5) Provision contained in an order under this section by virtue of section 62(4) may include provision conferring functions on the Secretary of State.
(6) In subsection (3)(b)—
“Part II practitioner” means a person who provides (or, at any time since 31st March 1996, has provided) general medical services, general dental services, general ophthalmic services or pharmaceutical services in accordance with arrangements made or treated as made (or which, but for any of the relevant defects, would have been made or treated as made) under Part II of the 1977 Act,
“Part II list” means a list kept by a Health Authority under section 29(2)(a), 36(1)(a), 39(a) or 42(2)(a) of that Act (lists of persons providing general medical, general dental, general ophthalmic or pharmaceutical services).
(7) In subsection (3)(c) and (d), in relation to anything done by or in relation to a Health Authority or a person identified by reference to a Health Authority—
“acting authority” means the Health Authority by or in relation to whom the thing was done or person was identified because of any of the relevant defects,
“proper authority” means the Health Authority by or in relation to whom the thing should have been done or by reference to whom the person should have been identified.
Health Act 1999