HC Deb 14 February 2001 vol 363 c357

?.After section 43 of the 1977 Act them shall be inserted

"Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists

43ZA.—(1) The Secretary of State may by regulations provide—

  1. (a) that if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the Health Authority,
  2. (b) for the Health Authority to vary that person's terms of service for the purpose of or in connection with the imposition of any such Conditions,
  3. (c) for the Health Authority to vary the conditions or impose different ones,
  4. (d) for the consequences of foiling to comply with a condition (including removal from the list), and
  5. (e) for the review by the Health Authority of any decision made by virtue of the regulations.

(2) The imposition of conditions must be with a view to—

  1. (a) preventing any prejudice to the efficiency of the services in question, or
  2. (b) preventing any acts or omissions within section 49F(3)(a) below.

(3) The lists in question are—

  1. (a) a list of persons undertaking to provide general medical services,
  2. (b) a list of persons undertaking to provide general dental services,
  3. (c) a list of persons undertaking to provide general ophthalmic services,
  4. (d) a list of persons undertaking to provide pharmaceutical services.

(4) If regulations do so provide, they must also provide for an appeal by the person in question to the FHSAA against the Health Authority's decision—

  1. (a) to impose conditions, or any particular condition,
  2. (b) to vary a condition,
  3. (c) to vary his terms of service,
  4. (d) to remove him from the list for breach of condition, and the appeal shall be by way of redetermination of the Health Authority's decision.

(5) The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it.".'.—[Mr. Denham.]

Brought up, read the First and Second time, and added to the Bill.

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