text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Guy’s and Lewisham National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Guy’s and Lewisham National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Guy’s and Lewisham National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at Guy’s Hospital, St. Thomas Street, London SE1 9RT and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3 is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1991.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Lewisham and North Southwark Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Lewisham and North Southwark Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Lewisham and North Southwark Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund (Miscellaneous Amendments) Regulations 1990 and shall come into force on 9th April 1990.
2
In these Regulations, unless the context otherwise requires–
“the Application for Review Regulations ” means the Social Fund (Application for Review) Regulations 1988 ;
“the Cold Weather Payments Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 ;
“the Maternity and Funeral Expenses Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of the Application for Review Regulations
2
In regulation 2 of the Application for Review Regulations (manner of making application for review or further review and time limits) for paragraph (6) there shall be substituted the following paragraph–
6
Where an application is to be made on behalf of a person to whom the determination relates, that person shall signify in writing his consent to the application being made on his behalf unless the person making the application is a person appointed by the Secretary of State under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987 to act on behalf of the person to whom the determination relates.
.
Amendment of regulation 1 of the Cold Weather Payments Regulations
3
In regulation 1 of the Cold Weather Payments Regulations (citation, commencement and interpretation)–
a
in paragraph (2)–
i
after the definition of “income support” there shall be inserted the following definition–
“married couple” means a man and a woman who are married to each other and are members of the same household;
;
ii
after the definition of “mean daily temperature” there shall be inserted the following definition–
“partner” means one of a married or unmarried couple or a member of a polygamous relationship;
;
iii
after the definition of “station” there shall be inserted the following definition–
“unmarried couple” means a man and a woman who are not married to each other but are living together as husband and wife.
;
b
after paragraph (2) there shall be inserted the following paragraph–
2A
For the purposes of these Regulations, a person shall be treated as a member of a polygamous relationship where, but for the fact that the relationship includes more than two persons, he would be one of a married or unmarried couple.
.
Amendment of regulation 4 of the Cold Weather Payments Regulations
4
For regulation 4(1) of the Cold Weather Payments Regulations (effect and calculation of capital) there shall be substituted the following paragraph–
4
1
Where–
a
the claimant or his partner is aged 60 or over and the claimant has capital which is in excess of £1,000; or
b
the claimant is or, if he has a partner, both he and his partner are, aged under 60 and the claimant has capital which is in excess of £500,
a payment in respect of a period of cold weather which, but for this regulation, would be payable, shall be payable only if, and to the extent that, the amount of the payment is more than the excess.
.
Amendment of regulation 3 of the Maternity and Funeral Expenses Regulations
5
In regulation 3(1) (interpretation), in the definition of “child” there shall be added at the end the words “or a young person within the meaning of regulation 14 of the Income Support (General) Regulations 1987 ”.
Amendment of regulation 5 of the Maternity and Funeral Expenses Regulations
6
In regulation 5 of the Maternity and Funeral Expenses Regulations (entitlement), for paragraph (2) there shall be substituted the following paragraph–
2
Subject to Part IV of these Regulations, the amount of a maternity payment shall be–
a
where the claim is made on or after 9th April 1990 and before the confinement, £100 in respect of each expected child, but if the claim was made on an earlier date but after 11th April 1988, £85 in respect of each expected child;
b
where the claim is made after the confinement, if that confinement has ended on or after 9th April 1990, £100 in respect of each child, including any child who is stillborn, but if the confinement has ended before that date but after 11th April 1988, £85 in respect of each child, including any child who is stillborn;
c
where the claim is made after a child has been adopted and the adoption has taken place on or after 9th April 1990, £100 in respect of that child, but if the adoption has taken place before that date but after 11th April 1988, £85 in respect of that child.
.
Amendment of regulation 9 of the Maternity and Funeral Expenses Regulations
7
In regulation 9 of the Maternity and Funeral Expenses Regulations (effect of capital), for paragraph (1) there shall be substituted the following paragraph–
1
Where–
a
a claimant or a claimant’s partner is aged 60 or over and the claimant has capital which is in excess of £1,000; or
b
the claimant is or, if he has a partner, both he and his partner are, aged under 60 and the claimant has capital which is in excess of £500,
a maternity payment or funeral payment which, but for this regulation, would be payable shall be payable only if, and to the extent that, the amount of the payment is more than the excess.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
12th March 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) Order 1990 and shall come into force on 10th July 1990.
2
In this Order —
“ the Act ” means the Food and Environment Protection Act 1985;
“cattle” means bovine cattle;
“designated area” means the area described in the Schedule to this Order.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food which is or may be in the future in the designated area, or which is or may be in the future derived from anything in such an area is, or may be, or may become, unsuitable for human consumption in consequence of the high level of lead found in cattle in the designated area.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Act.
Prohibitions on movement
4
1
No person shall move any cattle from the designated area.
2
No person shall move from the designated area any food derived from cattle in the designated area, or feeding stuffs derived from such cattle.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the Diving Operations at Work (Amendment) Regulations 1990 and shall come into force on 29th April 1991.
Amendment of the Diving Operations at Work Regulations 1981
2
The Diving Operations at Work Regulations 1981 shall be amended as follows —
a
in regulation 2(1) —
i
for the definition of “concession owner” substitute the following definition —
“concession owner” means a person who is a concession owner for the purposes of the Mineral Workings (Offshore Installations) Act 1971 in accordance with section 12(2) of that Act
;
ii
for the definition of “offshore installation”, substitute the following definition —
“offshore installation” has the meaning assigned by the 1989 Order
;
iii
for the definitions of “pipe-line” and “pipe-line works”, substitute the following definitions —
“pipe-line” and “pipe-line works” have the meanings assigned to “pipeline” and “pipeline works” respectively by the 1989 Order
;
iv
insert the following definition before the definition of “breathing mixture” —
“the 1989 Order” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989
;
v
insert at the appropriate places in alphabetical order the following definitions —
“diver’s log book” means the diver’s log book described in Regulation 7(3)(a); “first-aid” means —
in cases where a person will need help from a medical practitioner or nurse, treatment for the purpose of preserving life and minimising the consequences of injury and illness until the appropriate help is obtained, and
treatment of minor injuries and illnesses which would otherwise receive no treatment or which do not need treatment by a medical practitioner or nurse,
and in this sub-paragraph “treatment” includes redressing and other follow-up treatment
;
b
in regulation 3(1), for sub-paragraph (b) substitute the following sub-paragraph —
b
outside Great Britain in circumstances in which sections 1 to 59 of that Act apply by virtue of the 1989 Order.
;
c
in regulation 3(3) omit from “except regulations 5(3)(b)(ii)” to the end and add —
except —
i
Regulations 7(1)(a), 8(2), (3) and (4), 10, 12(1)(b), (f), (g), (i) and (j), and
ii
Regulations 7(1)(b) and 10A where the person is not exposed to a pressure greater than 5,000 millibars above atmospheric pressure,
but this paragraph shall not apply to a diver engaged in a diving operation or to a person to whom regulation 2(2)(b)(iv) applies.
;
d
in regulation 5(1) for the full stop substitute a semi-colon and add the following sub-paragraphs —
f
provide the equipment, facilities, medications and personnel referred to in Regulation 13A(1);
g
ensure that persons engaged in the diving operation are informed of the nature of the arrangements that have been made in connection with the provision of first-aid, which information shall include details of —
i
the location of first-aid equipment, facilities, medications and personnel, and
ii
any standing instructions from a registered medical practitioner (who may or may not be present) in respect of the management and handling of persons who are injured or become ill while engaged in a diving operation.
;
e
in regulation 7 for paragraph (1) substitute the following paragraph —
1
A person shall not take part in any diving operation as a diverunless he —
a
has a valid certificate of training issued under Regulation 10, and
b
has a valid certificate of diving first-aid issued under Regulation 10A or is a suitable person for the purposes of Regulation 13A(1), and
c
has a valid certificate of medical fitness to dive issued under Regulation 11, and
d
is competent to carry out safely the work which he is called upon to perform in that operation,
but sub-paragraphs (a) and (b) above shall not apply to a person taking part in a diving operation as part of training which if successfully completed would lead to the issue of a certificate such as is mentioned in either of those sub-paragraphs, and sub-paragraphs (b) and (c) above shall not apply to a person who enters a compression chamber in order to provide treatment in an emergency.
;
f
in regulation 8 for paragraph (1) substitute the following paragraph —
1
At all times when any diving operation is, or is about to be, carried out there shall be present a sufficient number of divers, personnel referred to in Regulation 13A(1) and other competent persons (“the diving team”) necessary to —
a
ensure that so far as is reasonably practicable the operation can be undertaken safely;
b
operate plant, equipment or other facilities necessary for the safe conduct of the operation;
c
render first-aid to, and treat in accordance with the directions of a registered medical practitioner (who may or may not be present), persons who are injured or become ill while engaged in a diving operation.
;
g
in regulation 10 omit paragraph (4);
h
after regulation 10 add the following new regulation —
Certificate of diving first-aid
10A
1
The certificate of diving first-aid required by Regulation 7(1)(b) shall be valid only if —
a
it has been issued by the Health and Safety Executive or by a person or body of persons approved by the Executive for the purpose of this sub-paragraph;
b
the date mentioned in sub-paragraph (c) (iv) below has not passed;
c
it states —
i
the name of the individual to whom it relates (“the diver”),
ii
the category or categories of diving to which it relates,
iii
that the person or body issuing the certificate is satisfied that the diver has attained a satisfactory standard of competence in first-aid appropriate to the category or categories of diving to which it relates,
iv
the date on which it will cease to be valid unless further training is undertaken and an appropriate endorsement thereon obtained from the Executive or a person or body of persons approved by the Executive for the purposes of this provision; and
d
it has not ceased, in accordance with paragraph (2), to be valid.
2
If —
a
the person or body which issued a certificate declares it to be no longer valid, or
b
the Executive declares a certificate to be no longer valid, whether or not the certificate was issued by the Executive,
then that certificate shall cease to be a valid certificate for the purposes of paragraph (1).
3
The certificate of diving first-aid shall be kept in the diver’s log book.
4
Without prejudice to the generality of paragraph (1)(a), where a person or body approved for the purposes of that paragraph or the Executive —
a
refuses to issue a certificate of diving first-aid relating to the category or categories of diving requested by the diver;
b
refuses to endorse a certificate of diving first-aid already issued; or
c
declares a certificate of diving first-aid it has issued to be no longer valid;
the Executive, upon application being made to it by the person aggrieved, within 28 days of his being notified of the refusal or declaration, shall review the decision and if it is satisfied that it should be reversed or altered issue, re-issue or endorse the certificate.
;
i
in regulation 11(1) for “Regulation 7(1)(b)” substitute “Regulation 7(1)(c)”;
j
after regulation 13 add the following new regulation —
Equipment, facilities, medications and personnel
13A
1
The equipment, facilities, medications and personnel mentioned in Regulations 5(1)(f) and 8(1) shall be such equipment, facilities, medications and number of suitable persons (being at least one in the case of mixed gas or bell diving) as are adequate and appropriate in the circumstances for rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present), persons who are injured or become ill while engaged in a diving operation.
2
For the purposes of paragraph (1), a person shall not be suitable unless he —
a
has a valid certificate of medical fitness to dive issued under Regulation 11, and
b
has undergone such training, if any, or further training, and has obtained such qualifications or further qualifications as the Health and Safety Executive may from time to time approve in respect of that case or class of case, and
c
maintains a diver’s log book whether or not he is a diver.
;
k
In Schedule 4 omit —
i
paragraph 7 in Part I,
ii
paragraph 8 in Part II,
iii
paragraph 8 in Part III;
l
in Schedule 5 sub-paragraph (j) omit the words “first-aid and”;
m
in Schedule 6 for sub-paragraph (h) substitute the following sub-paragraph —
h
without prejudice to the generality of Regulation 13A(1), contain adequate first-aid equipment and facilities and be fitted with lifting equipment sufficient to enable an unconscious or injured diver to be hoisted into the bell by a person inside;
.
Transitional provisions
3
Sub-paragraph (b) of Regulation 7(1) of the Diving Operations at Work Regulations 1981, as substituted by these Regulations, shall not apply until 29th April 1993 to a diver who holds a certificate of training which complied with Regulation 10 before the date of coming into force of that sub-paragraph.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
25th April 1990


text:
1
This Order may be cited as the A3 Trunk Road (Robin Hood Way, Kingston upon Thames) (Prohibition of Use of Gap in Central Reservation) Order 1990 and shall come into force on 24th January 1990.
2
In this Order–
“Robin Hood Way” means that length of the London–Portsmouth Trunk Road (A3) in the Royal Borough of Kingston upon Thames known as Robin Hood Way; and
“central reservation” means that part of Robin Hood Way which separates the two carriageways of Robin Hood Way for the safety and guidance of vehicles using that road.
3
No person shall cause or permit any vehicle proceeding in Robin Hood Way to enter or proceed through the gap in the central reservation which lies opposite number 62 Robin Hood Way.
Signed by authority of the Secretary of State for Transport
S. Chatterjee
Director (Transport), London Regional Office of the
Department of Transport
18th January 1990


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) (Amendment) Regulations 1990 and shall come into force on 7th January 1991.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Stock Lending) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
In regulation 2(1) —
a
in the definition of “gilt-edged securities” —
i
at the end of paragraph (a) there shall be added the word “and”, and
ii
paragraph (c) and the word “, and” at the end of paragraph (b) shall be omitted;
b
in the definition of “other United Kingdom securities” —
i
after the words “in respect of which” there shall be inserted the words “at the time the arrangement in question is made”;
ii
in condition (a) the words “, at the time the arrangement in question is made,” shall be omitted; and
iii
for condition (b) there shall be substituted —
b
that, where the shares or stock were issued by a government or public or local authority of a country or territory outside the United Kingdom, or by any other body of persons not resident in the United Kingdom, such shares or stock are registered in a register kept in the United Kingdom by or on behalf of that government, authority or body of persons;
;
c
in the definition of “overseas securities” for paragraph (a) there shall be substituted —
a
stocks, shares and other securities issued by a government or public or local authority of a country or territory outside the United Kingdom, or by any other body of persons not resident in the United Kingdom, which are not other United Kingdom securities, and
.
2
In regulation 6(3)(b) after the words “arrangement as” there shall be inserted the words “an agent or”.
3
In regulation 7 —
a
in paragraph (1) for sub-paragraphs (d) and (e) there shall be substituted —
d
that the arrangement includes a provision for accounting to the Board for a sum representing income tax on any payment made by A to B as compensation for B’s failure to receive a dividend or other annual payment which he would have received if he had not entered into the arrangement.
;
b
in paragraph (2) —
i
in sub-paragraph (b) after the words “arrangement as” there shall be inserted the words “an agent or”;
ii
for sub-paragraph (d) there shall be substituted —
d
that the arrangement includes a provision for accounting to the Board for a sum representing income tax on any payment made by B to C as compensation for C’s failure to receive a dividend or other annual payment which he would have received if he had not entered into the arrangement.
;
c
in paragraph (3) the definition of “held overseas” shall be omitted.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
13th December 1990


text:
Title and commencement
1
These Regulations may be cited as the Seeds (Registration, Licensing and Enforcement) (Amendment) Regulations 1990 and shall come into force on 5th April 1990.
Amendment
2
The Seeds (Registration, Licensing and Enforcement) Regulations 1985 shall be amended as follows —
a
for paragraph (1A) of regulation 9 (licensing of seed testing stations) there shall be substituted the following paragraphs —
1A
An establishment licensed under paragraph (1) above may charge reasonable fees for carrying out tests on seeds for the purposes of seeds regulations in respect of which no fees are prescribed by such regulations as well as prescribed fees for carrying out such tests in respect of which fees are so prescribed.
1B
Subject to paragraph (1A) above, no establishment licensed under paragraph (1) above shall derive any private gain in connection with the carrying out of any tests on seeds for the purposes of seeds regulations.
;
b
for paragraph (3A) of regulation 10 (licensing of seed samplers and crop inspectors) there shall be substituted the following paragraphs —
3A
A person licensed under paragraph (1) above to be a seed sampler or a crop inspector may charge reasonable fees for carrying out those functions of a seed sampler or a crop inspector (as the case may be) specified in the licence in respect of which no fees are prescribed by seeds regulations as well as prescribed fees for carrying out those functions in respect of which fees are so prescribed.
3B
Subject to paragraph (3A) above, no person licensed under paragraph (1) above to be a seed sampler or a crop inspector shall derive any private gain in connection with the carrying out of any of the functions of a seed sampler or a crop inspector, as the case may be, specified in the licence.
; and
c
in Schedule 1, Part I (functions which may be specified in a licence) for paragraph (1) there shall be substituted the following paragraph —
1
sample, in accordance with seeds regulations, such seeds as the Minister shall, under the terms of the licence, permit and submit sealed samples of such seeds for an official examination;
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
8th March 1990
Peter Walker
Secretary of State for Wales
7th March 1990


text:
1
1
This Order may be cited as the Visiting Forces (Designation) (Colonies) (Amendment) Order 1990 and shall be construed as one with the Visiting Forces (Designation) (Colonies) Orders 1954 to 1967 .
2
The Visiting Forces (Designation) (Colonies) Orders 1954 to 1967 and this Order may be cited together as the Visiting Forces (Designation) (Colonies) Orders 1954 to 1990.
3
This Order shall be published by the Governor of the Colony in the Gazettes of Anguilla, the Cayman Islands, Montserrat and the Virgin Islands.
4
This Order shall come into force on 14th March 1990.
2
The Visiting Forces (Designation) (Colonies) Order 1954 is amended —
a
by the deletion from paragraph (c) of section 1 of the words “Visiting Forces Act (Application to Colonies) Orders 1954 to 1967” and the substitution therefor of the words “Visiting Forces Act (Application to Colonies) Orders 1954 to 1990”; and
b
by the addition in the appropriate alphabetical order of the words “Anguilla”, “Cayman Islands”, “Montserrat” and “Virgin Islands” to the list of territories mentioned in the Schedule.
G. I. de Deney
Clerk of the Privy Council


text:
1
The Secretary of State is authorised to provide along the route described in the Schedule to this Scheme a special road for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The Centre line of the special road is indicated by a heavy black line on the deposited plan.
3
In this Scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA16/1 CNW 302 marked “The Glasgow to Carlisle Motorway (M74) (River Sark to Guards Mill Section) Scheme 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special road”
means the special road mentioned in article 1 of this Scheme.
4
This Scheme shall come into force on 3rd August 1990 and may be cited as the Glasgow to Carlisle Motorway (M74) (River Sark to Guards Mill Section) Scheme 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
9th July 1990


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 11) Order 1990.
2
Sections 22 (suppression of terrorism) and 65 (powers of civilian fine enforcement officers) of the Criminal Justice Act 1988 shall come into force on 5th June 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
24th May 1990


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Isle of Man) (No. 2) Order 1990 and shall come into force on 7th January 1991.
2
1
Paragraphs 1 to 11, 17 to 23, 25, 26, 28 and 30 of Schedule 5 to the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man subject to the modification specified in paragraph (3) below.
2
Section 303(2) of and Schedule 8 to the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man so far as they relate to the repeal of the following provisions of the Patents Act 1977 —
a
sections 14(4) and (8);
b
in section 28(3), paragraph (b) and the word “and” preceding it;
c
section 28(5) to (9);
d
sections 72(3) and 88;
e
in section 130(7), the words “88(6) and (7)”, and
f
n Schedule 5, paragraphs 2, 7 and 8.
3
The modification referred to in paragraph (1) above is that any reference to an Act of Parliament or to a provision of such an Act shall be construed, unless the contrary intention appears, as a reference to that Act or provision as it has effect in the Isle of Man.
G I de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Variation) Order 1990 and shall come into force on 26th September 1990.
Variation of the Isles of Scilly Order 1978
2
The Isles of Scilly Order 1978 is hereby varied by the insertion, after paragraph (2) of article 6, of the following paragraph–
2A
Section 137(4AA) of the Act shall apply as if the Council were a metropolitan district council.
. .
Chris Patten
Secretary of State for the Environment
5th September 1990


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which this Order comes into force.
2
In this Order —
i
“the deposited plan”
means the plan numbered HA10/YHR04 marked “The A614 Trunk Road (Bawtry to Austerfield Roundabout) (De-Trunking) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road”
as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the trunk road”
means the A614 Trunk Road.
3
This Order shall come into force on 20th April 1990 and may be cited as the A614 Trunk Road (Bawtry to Austerfield Roundabout) (De-Trunking) Order 1990.
Signed by authority of the Secretary of State for Transport
J.P. Henry
Regional Director Yorkshire & Humberside Region
Department of Transport
16th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Dangerous Substances (Notification and Marking of Sites) Regulations 1990, and shall come into force on 1st September 1990.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“the 1984 Regulations ” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ;
“classification” in relation to a dangerous substance (except in paragraph 1(c) of Schedule 1) means the classification for that substance ascertained in accordance with regulation 6 of the 1984 Regulations (whether or not the substance is required to be classified for the purposes of those Regulations);
“dangerous substance” means any substance which is dangerous for conveyance within the meaning of the 1984 Regulations, and any reference to “dangerous substances” (except in Regulation 6(5)) includes a reference to one dangerous substance;
“ the Executive ” means the Health and Safety Executive;
“fire authority” in relation to any site means the authority discharging in the area in which the site is situated the functions of fire authority under the Fire Services Act 1947 ;
“Part I of BS 5378” means British Standard number BS 5378: Part 1 1980 entitled “Safety Signs and Colours Part 1. Specification for colour and design” issued by the British Standards Institution, as published on 31 July 1980;
“site” means–
the whole of an area of land under the control of a person and includes a pier, jetty or similar structure whether floating or not; or
a structure, whether floating or not, which is within the inland waters of Great Britain and which is under the control of a person.
2
Any reference in these Regulations to the person in control of a site is a reference to the person having such control in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).
3
For the purposes of these Regulations, in determining the total quantity of dangerous substances present at a site account shall be taken of any quantity of such substances which are in any vehicle, vessel, aircraft or hovercraft under the control of the person in control of the site which is used for storage purposes at the site; but no account shall be taken of any dangerous substances which are in a vehicle, vessel, aircraft or hovercraft used for transporting them or in the fuel tank of a vehicle, vessel, aircraft or hovercraft.
4
In these Regulations, unless the context otherwise requires, any reference to–
a
a numbered regulation or Schedule is a reference to the Regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Exceptions
3
The provisions of Schedule 1 (which sets out exceptions to the Regulations) shall have effect.
Notification
4
1
The person in control of a site shall, subject to regulation 10(1), ensure that there is not present at any one time a total quantity of 25 tonnes or more of dangerous substances at the site unless there has been notified in writing to the fire authority and the enforcing authority for this regulation the particulars specified in Part I of Schedule 2.
2
Where a notification has been made under paragraph (1) and a change specified in Part II of Schedule 2 takes place, the person in control of the site shall forthwith notify that change in writing to the fire authority and the enforcing authority for this regulation.
3
Where a change specified in paragraph 1 or 2 of Part II of Schedule 2 has been notified under paragraph (2), any resumption in the presence of a total quantity of 25 tonnes or more of dangerous substances at the site shall be subject to a fresh notification under paragraph (1).
Access marking
5
1
The person in control of a site shall ensure that there is not present at any one time a total quantity of 25 tonnes or more of dangerous substances at the site unless safety signs are displayed at such places as will give adequate warning to firemen before entering the site in an emergency that dangerous substances are present.
2
The safety signs referred to in paragraph (1) shall be warning signs as defined by clause 3.6 of Part I of BS 5378 bearing the hazard warning symbol (but not the text) shown in the last entry of column 2 of Schedule 3 to these Regulations; and all such signs shall comply with that Part with respect to colours and layout.
Location marking
6
1
An inspector may give directions to the person in control of a site requiring him to display, at all times when a total quantity of 25 tonnes or more of dangerous substances is present at the site, safety signs at such locations within the site as are specified in the directions.
2
Directions under paragraph (1) may only be given where the inspector is satisfied on reasonable grounds that–
a
there is or is liable to be present at any one time a total quantity of 25 tonnes or more of dangerous substances at the site, and
b
the display of safety signs at the locations to be specified in the directions is necessary in order to warn firemen in an emergency that dangerous substances are present at those locations.
3
The safety signs referred to in paragraph (1) shall be warning signs as defined by clause 3.6 of Part 1 of BS 5378 used in conjuction with supplementary signs as defined by clause 3.9 of that Part, and all such signs shall comply with that Part with respect to colours and layout.
4
The warning signs and supplementary signs shall bear the hazard warning symbol and hazard warning text respectively.
5
The hazard warning symbol and hazard warning text shall be–
a
in the case where there is one dangerous substance or there are two or more dangerous substances with the same classification at the location where the signs are displayed, that specified in column 2 of Schedule 3 appropriate to the classification of such substance or substances specified opposite thereto in column 1 of that Schedule,
b
in the case where there are two or more dangerous substances with different classifications at the location where the signs are displayed, that specified in the said column 2 opposite the entry for “Mixed hazards” in the said column 1.
6
Directions may be given by an inspector under this regulation in any such reasonable manner as he may think fit, and may be withdrawn by him at any time.
7
The person to whom directions are given under this regulation shall, subject to regulation 10(2), comply with those directions, but safety signs need not be displayed at a location specified in the directions at a time when dangerous substances are not present at that location.
8
Any reference in this regulation to the presence of dangerous substances at a location is a reference to the presence of dangerous substances at or within the vicinity of that location.
Signs to be kept clean, etc.
7
The person in control of the site shall, so far as is reasonably practicable, ensure that any safety signs displayed at the site pursuant to regulation 5 or 6 are kept clean and free from obstruction.
Enforcing authority
8
The enforcing authority for these Regulations shall be the fire authority except that–
a
the enforcing authority for regulation 4 shall be ascertained in accordance with the Health and Safety (Enforcing Authority) Regulations 1989 ; and
b
the enforcing authority for regulations 5 to 7 in relation to a site occupied by a body specified in regulation 4(3) of the said 1989 Regulations shall be the Executive.
Exemption certificates
9
1
Subject to paragraph (2), the Executive may, by certificate in writing, exempt any person or class of persons or any activity or class of activities to which these Regulations apply from any requirement imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption, and
b
any other requirements imposed by or under any enactment which apply to the case;
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced because of it.
Transitional provisions
10
1
Where a total quantity of 25 tonnes or more of dangerous substances is present at a site on the coming into force of these Regulations it shall be sufficient compliance with regulation 4(1) if the notifications referred to therein are made by 1st October 1990.
2
Where a direction is given under regulation 6 before 1st March 1993, it shall be sufficient compliance with that direction if the safety signs are displayed in accordance therewith from that date.
Repeals
11
The provisions of the Acts mentioned in column 1 of Schedule 4 which are specified in column 3 of that Schedule are hereby repealed.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
16th February 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Loch Moidart, North Channel Scallops Fishery Order 1990 and shall come into force on 14th May 1990.
2
In this Order–
“the applicant” means the Sea Fish Industry Authority established under the Fisheries Act 1981 and having their head office at Sea Fisheries House, 10 Young Street, Edinburgh;
“the definitive map” means the map prepared in duplicate, each copy of which is signed by the Secretary of State and marked “Map referred to in the Loch Moidart, North Channel Scallops Fishery Order 1990”, one such copy of which is deposited in the principal office of the Department of Agriculture and Fisheries for Scotland at Pentland House, 47 Robb’s Loan, Edinburgh and the other such copy of which is deposited in the head office of the applicant at Sea Fisheries House, 10 Young Street, Edinburgh;
“the fishery” means that part of the North Channel of Loch Moidart in Highland Region described in the Schedule to this Order and shown coloured pink on the definitive map.
Right of several fishery
2
There is hereby conferred on the applicant for a period of 10 years beginning on the date when this Order comes into force the right of several fishery for scallops with respect to the whole of the area of the fishery.
Marking of limits of fishery
3
The applicant shall cause to be clearly marked the limits of the fishery and shall maintain the marks in position and in good repair.
Rights of the Crown
4
Nothing in this Order shall, except with the consent in writing of the Crown Estate Commissioners, affect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing in this Order shall authorise the applicant to take, use, or in any manner interfere with any land or rights, including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or of any land, hereditament, subjects or rights, of whatever description belonging to Her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Sanderson of Bowden
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
4th April 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal National Orthopaedic Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal National Orthopaedic Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal National Orthopaedic Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Royal National Orthopaedic Hospital, Brockley Hill, Stanmore Middlesex, HA7 4LP including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to operate satisfactorily from its operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Bloomsbury and Islington Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Bloomsbury and Islington Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this Article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Bloomsbury and Islington Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
1
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1990 and shall come into force on 1st April 1990 except for Rules 6 to 8 which shall come into force on 4th June 1990.
2
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A or B is a reference to Appendix A or B to those Rules.
The community charge
2
1
After the words “the sum so specified” in Order 6, rule 2(1)(c)(ii), there shall be inserted the words “or whether the rent for the time being payable in respect of the premises exceeds the sum specified in section 4(4)(b) of the Rent Act 1977 ”.
2
After the words “the sum so specified” in Order 13, rule 4(2) and Order 19, rule 5(2), there shall be inserted the words “or of which the rent payable in respect of the premises exceeds the sum specified in section 4(4)(b) of the Rent Act 1977”.
3
In relation to domestic property within the meaning of section 66 of the Local Government Finance Act 1988 , the reference in Order 88, rule 3(3)(b) to the net annual value for rating shall be construed as a reference to the value shown on the valuation list in force on 31st March 1990 or to its value by the year, as the case may be.
Costs
3
Order 62, rule 18(3) shall be amended by substituting, for the sum “£7.00”, the sum “£7.50”.
4
Appendix 3 to Order 62 shall be amended as follows–
1
For Table A (Basic Costs) in Part I there shall be substituted the following Table–
A. Basic Costs
Amount to be allowed in cases under following sub-paragraphs of paragraph 1 of this Appendix (a) (b) (c) £p £p £p
If the amount recovered is– not less than £600 but less than £2,000–
i
where the writ was served by post
50.00 60.00 116.00
ii
where the writ was served on the defendant personally
56.00 71.00 121.00 not less than £2,000 but less than £3,000–
i
where the writ was served by post
56.00 73.00 121.00
ii
where the writ was served on the defendant personally
66.00 77.00 127.00 not less than £3,000 73.00 105.00 150.00
2
Table B (Additional costs) in Part I shall be amended by substituting, for the figures shown in columns (i) and (ii), the following figures–
(i) (ii)
(1) 7.75 10.00 (2) 18.00 39.00 (3)(a) 28.00 50.00 (b) 33.00 56.00 (4) 13.00 15.00 (5) 13.00 15.00 (6) 10.00 18.00
3
Part III, paragraph 1 shall be amended by substituting, for the sum of “£6.50”, the sum of “£7.00”.
4
Part III, paragraph 2 shall be amended by substituting, for the sum of “£26.50”, the sum of “£27.50”.
5
Part III, paragraph 3 shall be amended as follows–
a
for the sum of “£16.00” in sub-paragraph (a) there shall be substituted the sum of “£17.00”;
b
for the table “Basic Costs” in sub-paragraph (b) there shall be substituted the following table–
i
Basic Costs
If the amount recovered by the applicant from the garnishee is– £ p less than £140.00 one half of the amount recovered not less than £140.00 72.00
;
c
for the sum of “£12.00” in the table “Additional costs” in sub-paragraph (b) there shall be substituted the sum of “£13.00”;
6
Part III, paragraph 4 shall be amended by substituting, for the sums of “£75.50” and “£12.00”, the sums of “£81.00” and “£13.00”.
7
Part III, paragraph 5 shall be amended by substituting, for the sums of “£29.00” and “£1.90”, the sums of “£31.00” and “£2.00”.
8
Part III, paragraph 6 shall be amended by substituting, for the sum of “£35.50”, the sum of “£38.00”.
Miscellaneous amendments
5
In order 115, rule 4(4), the words “, unless the Court otherise directs,” shall be omitted.
6
Forms 1, 8 and 10 in Apendix A shall be amended by substituting, for the words “12 calendar months”, the words “4 calendar months (or, if leave is required to effect service out of the jurisdiction, 6 months)”.
7
Forms 1 and 2 in Appendix B shall be amended by substituting, for the words “12 calendar months”, the words “4 calendar months (or, if leave is required to effect service out of the jurisdiction, 6 months)”.
8
Nothing in Rule 6 or 7 shall apply to proceedings commenced by a writ or an originating summons issued before those Rules come into force.
Mackay of Clashfern, C.,
Lane, C.J.,
Donaldson of Lymington, M.R.,
Stephen Brown, P.,
N. Browne-Wilkinson, V-C.,
Dillon, L.J.,
Millett, J.,
Hugh Bennett,
C.R. Berry.
Dated 5th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1990 and shall come into force on 2nd April 1990.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1974 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation)–
a
the definition of “Administrator” shall be omitted;
b
the following definitions shall be inserted in the appropriate places in the alphabetical order:–
“conciliation” means the process of conciliation established and main tained by the Committee, pursuant to a direction under section 17 of the National Health Service Act 1977, with a view to resolving a matter giving rise to a complaint without recourse to an investigation under these Regulations;
“General Manager” means the officer appointed by a Committee to act as its chief officer, or some other officer of the Committee duly authorised to act on his behalf;
“Local Dental Committee”, “Local Medical Committee”, “Local Optical Committee” and “Local Pharmaceutical Committee” mean the commit tees of those names which are recognised by the Secretary of State in relation to a locality in pursuance of section 44 of the National Health Service Act 1977 ;
;
c
in the definition of “optician”, the words after “ophthalmic optician” shall be omitted.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (constitution of service committees)–
a
in paragraph (2)(d)–
i
for the words “ten” and “four”, there shall be substituted the words “seven” and “three” respectively,
ii
the words “and two shall be dispensing opticians appointed by the Local Optical Committee” shall be omitted,
iii
in the proviso, the words after “an ophthalmic optician” shall be omitted;
b
for sub-paragraph (f) of paragraph (2) there shall be substituted the following sub-paragraph:–
f
To act as deputies for the members (other than the Chairman) of any service committee, there shall be–
i
in the case of lay members, a number of persons correspond ing to that of the lay members, and
ii
in the case of the other members, a number of persons no fewer than that of those other members,
appointed in each case in the like manner as those members for whom they are to act as deputies, and in the absence of any member a deputy so appointed shall be entitled to act in his place.
;
c
in paragraph (4)–
i
the words “or deputy chairman” shall be omitted in both instances where they occur,
ii
at the end, there shall be added the following words:–
, but nothing in this paragraph shall prevent a member of a service committee who is appointed as its deputy chairman from exercising his right to attend and take part in the proceedings of the service committee on any occasion when he is not acting as its chairman
;
d
in paragraph (5), for the proviso, there shall be substituted the following proviso:–
Provided that no such term of office shall exceed one year in duration unless the office holder is re-appointed.
;
e
in paragraph (6), after the words “members of the service committee” there shall be inserted the words “who are not doctors, dentists, ophthalmic opticians, dispensing opticians or registered pharmaceutical chemists, and who are”.
Amendment of regulation 4 of the principal Regulations
4
In regulation 4 of the principal Regulations (time limits for complaining and notice of complaint)–
a
for the words “eight weeks”, in both instances where they occur, there shall be substituted the words “thirteen weeks”;
b
for the words “written notice to the Administrator”, in both instances where they occur, there shall be substituted the word “notice”;
c
after paragraph (2), there shall be inserted the following paragraphs:–
3
Any notice given for the purposes of this regulation–
a
shall be given in writing, unless the General Manager is satisfied that the person desiring to make the complaint is unable, whether by reason of physical disability or otherwise, to read and write in the English language, in which case the notice may be given orally; and
b
if required to be given in writing, shall be sent to–
i
the General Manager, at any office of the Committee,
ii
in England, the principal office of the Regional Health Authority in whose region the locality of the Committee is included, or, in Wales, the Welsh Office, Cathays Park, Cardiff, or
iii
the principal office of any District Health Authority whose district is in whole or in part situated in, or is the same as, the locality of the Committee;
c
if given orally in accordance with sub-paragraph (a)–
i
shall be given, by the person desiring to make the complaint, at any office of the Committee, and
ii
shall be recorded by tape recorder, and (as soon as practicable thereafter) transcribed, by the Committee.
4
In its application to a complaint which is made to a Committee whose locality is in Wales, paragraph (3)(a) shall have effect as if for the words “the English” there were substituted the words “neither the English nor the Welsh.”.
Amendment of regulation 5 of the principal Regulations
5
In regulation 5 of the principal Regulations (late complaints)–
a
for the word “Administrator”, in both instances where it occurs, there shall be substituted the words “General Manager”;
b
for paragraph (1) there shall be substituted the following paragraph:–
1
Where notice of a complaint is given after the expiry of the period specified in regulation 4(1) or (2) in relation to that notice, the service committee shall not investigate the matter giving rise to the complaint unless–
a
they are satisfied that the failure to give such notice immediately before the expiry of that period and on any subsequent day falling before the date on which such notice was in fact given was occasioned by illness or by some other reasonable cause; and
b
they have obtained–
i
the consent of the practitioner, chemist, or as the case may be, optician, or
ii
if such consent is refused, the consent of the Secretary of State.
;
c
after paragraph (6), there shall be added the following paragraph:–
7
Where the Committee have established a denture conciliation committee pursuant to regulation 13 (denture conciliation committees), this regulation shall, as respects any complaint which relates solely to the fit and efficiency of a denture provided as part of general dental services, have effect as if for any reference to a service committee there were substituted a reference to a denture conciliation committee.
.
Amendment of regulation 6 of the principal Regulations
6
In regulation 6 of the principal Regulations (investigation by service committees)–
a
in sub-paragraph (b) of paragraph (3), for the word “eighteen” there shall be substituted the word “sixteen”;
b
after paragraph (3), there shall be inserted the following paragraphs:–
3A
Where, at any time after notice of a complaint has been given but before the Committee make a decision under regulation 10 of these Regulations in relation to that complaint, the practitioner, chemist or, as the case may be, optician to whom the complaint relates dies, no further action shall be taken under these Regulations in relation to that complaint.
3B
A complainant may withdraw his complaint–
a
at any time in the course of, or immediately following, concilia tion, by giving written notice to the Committee of its withdrawal;
b
at any other time before the service committee present their report to the Committee–
i
by giving written notice to the Committee of his intention to withdraw it, and
ii
with the consent of the service committee.
3C
Where the name of the practitioner, chemist or, as the case may be, optician against whom a complaint is made was, at the time of the event, treatment or matter which gave rise to the complaint, included in a list maintained by the Committee under section 29, 36, 39 or 42 of the National Health Service Act 1977, the service committee shall, subject to the provisions of these Regulations, investigate the complaint, notwith standing that the name of the practitioner, chemist or optician in question has since had his name removed, or has since withdrawn his name, from the list in question.
;
c
in paragraph (4), after the word “list”, there shall be inserted the words “at the time of the event, treatment or matter which gives rise to the complaint”;
d
for paragraph (5) there shall be substituted the following paragraph:–
5
Where a complaint is made against a doctor whose name is included in the medical list at the time of the event, treatment or matter which gives rise to the complaint, in respect of his acts or omissions whilst acting as deputy to a doctor whose name is also included in the list at that time, the complaint shall be deemed to have been made against both doctors.
;
e
in the proviso to paragraph (6)(a)–
i
for the words “eight weeks”, in each instance where they occur, there shall be substituted the words “thirteen weeks”,
ii
after the word “practitioner”, in each instance where it occurs, there shall be inserted the word “, chemist”;
f
in paragraph (6)(b), for the word “Administrator”, in both instances where it occurs, there shall be substituted the words “General Manager”;
g
for paragraph (9) there shall be substituted the following paragraph:–
9
Where a complaint, or a matter referred to the ophthalmic service committee, involves a question relating to an ophthalmic medical practi tioner and an optician, that service committee shall, where the practitioner and the optician so agree, investigate the complaint or matter in relation to both persons at the same time.
;
h
after paragraph (10), there shall be inserted the following paragraph:–
11
Where–
a
the complainant or the practitioner, chemist or, as the case may be, optician against whom a complaint is made is a member of either the Committee or one of their service committees, or
b
sub-paragraph (20) of paragraph 1 of Schedule 1 cannot be complied with by reason of the operation of sub-paragraph (13) of that paragraph; or
c
the matter to be investigated is one which would, but for the operation of this paragraph, fall to be referred to the service committee, either by the Committee themselves or by any duly authorised sub-committee thereof, pursuant to regulation 6(6)(a),
the Committee shall arrange with another Family Practitioner Committee for the complaint or the matter to be investigated and determined under these Regulations by that other Committee pursuant to regulation 11 of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989 .
.
Amendment of regulation 7 of the principal Regulations
7
In the proviso to regulation 7 of the principal Regulations (representation at hearing), for the words “shall be entitled in the capacity of Counsel, solicitor or other paid advocate” there shall be substituted the words “who is a barrister or solicitor shall be entitled”.
Amendment of regulation 10 of the principal Regulations
8
For regulation 10 of the principal Regulations (decision of Committee), there shall be substituted the following regulation:–
Decision of Committee
10
1
The Committee, after due consideration of the report presented to them by the service committee pursuant to paragraph 1(19) of Schedule 1, shall–
a
accept as conclusive the findings of fact made by the service committee;
b
draw such inferences from those findings of fact as they see fit, having regard to the service committee’s report as it relates to the inferences which may properly be drawn from those findings;
c
determine whether the practitioner, chemist or, as the case may be, optician to whom the report relates has failed to comply with any one or more of his terms of service identified to him by the Chairman of the service committee pursuant to these Regulations; and
d
determine–
i
in accordance with any one or more of paragraphs (3), (5) and (8), but subject to paragraph (7), the action to be taken in relation to the practitioner, chemist or, as the case may be, optician, having regard to any recommendation made by the service committee pursuant to paragraph 1(19) of Schedule 1, or
ii
that no further action should be taken in relation to the report.
2
If the Committee decide either not to adopt the recommendation of the service committee or to take any action not recommended by the service committee, they shall record in writing their reasons for that decision.
3
Where, in the case of any doctor to whom a report of a service committee relates, the Committee are satisfied, after consultation with the Local Medical Committee, that, because of the number of persons included in his list, the doctor is unable to give adequate treatment to all of those persons, they may impose a special limit on the number of persons for whom the doctor may undertake to provide treatment.
4
Where, pursuant to paragraph (3), the Committee impose a special limit on the number of patients for whom a doctor may undertake to provide treatment, paragraphs (3) to (6) of regulation 17 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 (limitation of number of persons on doctors' lists) shall have effect in his case with suitable modifications and, in particular, as if references in those paragraphs–
a
to a maximum number were references to the special limit imposed under paragraph (3) of this regulation; and
b
to an excess were references to the extent to which the number of patients in the doctor’s list exceeds that special limit.
5
Where it has been determined that a practitioner, chemist or, as the case may be, optician to whom the report of the service committee relates has failed to comply with any of his terms of service, the Committee may–
a
subject to paragraph (6) but without prejudice to sub-paragraph (b) of this paragraph, determine that there should be recovered from him, whether by way of a deduction from his remuneration or otherwise, any expenses (other than expenses incurred in connection with the investigation by the service committee) which, by reason of such failure, have been reasonably and necessarily incurred or, where the report relates to a dentist, are likely to be so incurred, by any person in obtaining further treatment, and that any such sums so recovered shall be paid to that person;
b
determine that an amount not exceeding £500 shall be recovered from the practitioner, chemist or, as the case may be, optician, whether by way of withholding from his remuneration or otherwise;
c
recommend to the Secretary of State that an amount in excess of £500 should be recovered from the practitioner, chemist or, as the case may be, optician, whether by way of withholding from his remuneration or otherwise;
d
where the practitioner is a dentist, recommend to the Secretary of State that he should be required to submit to the Dental Practice Board for prior approval estimates in respect of all or any specified description of treatment other than an examination or emergency treatment;
e
determine that the practitioner, chemist or, as the case may be, optician should be warned to comply more closely with his terms of service in future.
6
Where, pursuant to paragraph (5)(a), the Committee determine that there should be recovered from any dentist to whom the report of the service committee relates, an amount in respect of any expenses referred to in that provision, that amount shall not exceed the cost of the further treatment to which it relates, calculated in accordance with the rate of remuneration in force for general dental services under the National Health Service Act 1977, and the amount so recovered may include any contribution towards the cost of treatment which may be paid or be payable by the patient under that Act.
7
Where the Committee determine to make a recommendation under either or both of sub-paragraphs (c) or (d) of paragraph (5), they shall not determine that action should be taken under any other provision of that paragraph.
8
Where the Committee are of the opinion that the continued inclusion of the name of a practitioner, chemist or, as the case may be, optician in a list maintained by the Committee pursuant to any of sections 29, 36, 39 and 42 of the National Health Service Act 1977 would be prejudicial to the efficiency of the services referred to in the section in question, they may make representations to that effect to the Tribunal.
9
As soon as may be practicable after the Committee have made their decision on the report of a service committee, the General Manager shall send to the parties to the investigation, to the Secretary of State and, where reasonably requested to do so by either party, to any member of either House of Parliament a copy of that report and of the Committee’s decision thereon, and shall–
a
where appropriate, inform the parties in writing of their right of appeal to the Secretary of State and of his power to award costs; and
b
where they have made a recommendation under paragraph (5)(c) or (d), inform the practitioner, chemist or, as the case may be, optician of his right to make representations to the Secretary of State under the provisions of regulation 11(3).
10
Where a Committee determine under this regulation that action should be taken in accordance with any of the provisions of paragraphs (3) and (5)(a), (b) and (e), that action shall be taken–
a
by the Committee in whose list the name of the practitioner, chemist or, as the case may be, optician was included at the time of the event which gave rise to the complaint or reference; but this sub-paragraph shall not apply where, at the time when such action falls to be taken, his name is no longer included in that Committee’s list but is included in the list of some other Committee; or
b
where sub-paragraph (a) does not apply, by a Committee in whose list the name of the practitioner, chemist or, as the case may be, optician is included at the time when such action falls to be taken.
11
Any amount determined under paragraph (5)(a) or (b) as being recoverable shall be a debt owing by the practitioner, chemist or, as the case may be, optician to the Committee by which it is recoverable.
12
Where the Committee make a determination under the provisions of sub-paragraph (a), (b) or (e) of paragraph (5) of this regulation, no action shall be taken on that determination before–
a
if no appeal is brought, the end of the period for bringing an appeal specified in regulation 11(2); or
b
if an appeal is brought, they have received the notice of the Secretary of State’s decision of the appeal.
.
Amendment of regulation 11 of the principal Regulations
9
In regulation 11 of the principal Regulations (appeal to Secretary of State from decision of Committee)–
a
for paragraphs (1) and (2), there shall be substituted the following paragraphs:–
1
An appeal may be made to the Secretary of State–
a
by any party to an investigation, against a determination of the Committee under regulation 10(1)(c) which is adverse to him;
b
by a practitioner, chemist or, as the case may be, optician, against any determination by a Committee under regulation 10(1)(d) to take action in accordance with any one or more of paragraphs (3) or (5)(a) or (b);
c
by a practitioner, chemist or, as the case may be, optician, against any determination by a Committee that an overpayment has been made in respect of his remuneration; or
d
by a complainant who has asserted to the Committee that, by reason of the respondent’s failure to comply with his terms of service, he has incurred or is likely to incur expenses in circumstances mentioned in regulation 10(5)(a), against a deter mination by the Committee under regulation 10(1)(d) which is adverse to him in that respect.
1A
Subject to paragraph (4), on an appeal to which paragraph (1)(a) or (c) applies, the Secretary of State shall inquire into the whole of the complaint or reference, on the basis of such evidence as was available to the service committee and of such further evidence as shall have been adduced on the appeal, and shall–
a
make such findings of fact as he sees fit; and
b
draw such inferences from those findings as he sees fit; and
c
in the case of an appeal to which paragraph (1)(a) above applies–
i
determine whether or not the practitioner, chemist or, as the case may be, optician is in breach of any one or more of his terms of service, and
ii
determine in accordance with any one or more of regulations 10(3), (4), (5)(a) and (e) and (6) (as modified in accordance with paragraph (1C) of this regulation), 14 and 15 whether any, and if so, what action should be taken in relation to that practitioner, chemist or, as the case may be, optician; or
d
in the case of an appeal to which paragraph (1)(c) above applies, determine whether there has been an overpayment and, if so, of what amount.
1B
On an appeal to which paragraph (1)(b) or (d) above applies, the Secretary of State shall–
a
accept as conclusive–
i
the findings of fact made by the service committee necessary for the purpose of the Committee’s determination under regulation 10(1)(c),
ii
the inferences drawn by the Committee under regulation 10(1)(b), and
iii
any determination made by the Committee under regulation 10(1)(c) in relation to a failure to comply with the terms of service; and
b
determine–
i
in the case of an appeal to which paragraph (1)(b) above applies, in accordance with any one or more of regulations 10(3), (4), (5)(a) and (e) and (6) (as modified in accordance with paragraph (1C) of this regulation), 14 and 15, the action to be taken in relation to the practitioner, chemist or, as the case may be, optician to whom the report of the service committee relates,
ii
in the case of an appeal to which paragraph (1)(d) above applies, whether an amount should be recovered and paid as mentioned in regulation 10(5)(a), and if so, what amount, or
iii
in either case, that no further action should be taken in relation to that report.
1C
For the purposes of paragraphs (1A)(c)(ii) and (1B)(b)(i) of this regulation, paragraphs (3), (4), (5)(a) and (e) and (6) of regulation 10 shall have effect as if for any reference to “the Committee” there were substituted a reference to “the Secretary of State”.
2
A notice of an appeal under this regulation shall be sent in writing to the Secretary of State within one month beginning on the date on which notification of the Committee’s decision was sent to the appellant and shall contain a concise statement of facts and the grounds of appeal upon which the appellant intends to rely.
;
b
in paragraph (3)–
i
for the words “is received by him”, there shall be substituted the words “was sent to him”,
ii
for the words “paragraph (2)(c) or (e)”, there shall be substituted the words “paragraph (5)(c) or (d)”;
c
for paragraph (4) there shall be substituted the following paragraph: —
4
Where, pursuant to regulation 10(8), a Committee have made representations to the Tribunal following their consideration of a report of a service committee, the Secretary of State may, for the purpose of any appeal under regulation 11(1)(a) against a decision of that Committee following their consideration of that report, treat as conclusive any relevant finding of fact of the Tribunal.
.
Amendment of regulation 12 of the principal Regulations
10
In regulation 12 of the principal Regulations (procedure on appeal)–
a
in the proviso to paragraph (1), for the words from “against a decision” to “under paragraph (2)(a), (b), (c) or (e)”, there shall be substituted the words “under regulation 11(1)(a) against a decision in which the Committee have determined to take action under paragraphs (3) or (5)(a), (b), (c) or (d)”;
b
for paragraph (2), there shall be substituted the following paragraphs:–
2
The Secretary of State shall, unless he dismisses the appeal under paragraph (1), send a copy of the notice of appeal and any further particulars furnished by the appellant–
a
in the case of an appeal under–
i
regulation 11(1)(a),
ii
regulation 11(1)(b) against a determination of the Committee that action should be taken under regulation 10(5)(a), or
iii
regulation 11(1)(d),
to the person or persons, if any, who were parties to the proceedings before the service committee or who appear to him to be interested;
b
in the case of any appeal, to the Committee.
2A
Any appellant may withdraw his appeal, at any time before it is determined–
a
by giving written notice to the Secretary of State of his intention to do so, and
b
with the consent of the Secretary of State.
;
c
in paragraph (6)(b), for the word “Administrator”, there shall be substituted the words “General Manager”.
Insertion of new regulation 12A in the principal Regulations
11
After regulation 12 of the principal Regulations there shall be inserted the following regulation:–
Procedure following Committee’s recommendation for withholding or prior approval
12A
1
Where a Committee has made, in relation to any practitioner, chemist or, as the case may be, optician, a recommendation under regulation 10(5)(c), the Secretary of State–
a
shall dispose of the matter in accordance with regulation 14; and
b
may (whether or not he makes any direction under regulation 14(1)) take action in accordance with any of–
i
where the practitioner is a dentist, regulation 15,
ii
regulation 10(5)(a) (as modified in accordance with regulation 11(1C)), and
iii
regulation 10(5)(e) (as modified in accordance with regulation 11(1C)).
2
Where a Committee has made, in relation to any dentist, a recommendation under regulation 10(5)(d), the Secretary of State–
a
shall dispose of the matter in accordance with regulation 15; and
b
may (whether or not he imposes a prior approval requirement under regulation 15(1) in relation to that dentist) take action in accordance with any of–
i
regulation 14,
ii
regulation 10(5)(a) (as modified in accordance with regulation 11(1C)), and
iii
regulation 10(5)(e) (as modified in accordance with regulation 11(1C)).
3
Where, notwithstanding regulation 10(7), a Committee, in addition to making a recommendation under regulation 10(5)(c) or (d), determine to take some other action under the provisions of regulation 10(5), the Secretary of State shall set aside the determination and substitute his own determination under and in accordance with this regulation.
.
Amendment of regulation 14 of the principal Regulations
12
In regulation 14 of the principal Regulations (procedure on withholding)–
a
for sub-paragraph (a) of paragraph (1), there shall be substituted the following sub-paragraph:–
a
after considering–
i
(whether in the course of an appeal to him under regulation 11(1)(b) or in the course of representations made to him under regulation 11(3) or otherwise) any report made by a service committee and the decision of the Committee thereon to the effect that there has been a breach of the terms of service,
ii
the report of the person or persons holding an inquiry under paragraph (5) of regulation 12, or
iii
any report of the Tribunal after an inquiry under Part III of these Regulations,
that such practitioner, chemist or optician has failed to comply with the terms of service applicable to him; or
;
b
in paragraph (2)(a)–
i
for the words “a reasonable”, there shall be substituted the word “an”,
ii
after the word “matter”, there shall be inserted the words “within one month of notice having been sent to him as to the nature of the direction which the Secretary of State is minded to make”.
Amendment of regulation 15 of the principal Regulations
13
In regulation 15 of the principal Regulations (procedure in dental prior approval cases)–
a
in sub-paragraph (1)(a)–
i
for the reference to “regulation 10(2)(e)”, there shall be substituted a reference to “regulation 10(5)(d)”,
ii
for the words “a reasonable”, there shall be substituted the word “an”,
iii
after the word “matter”, there shall be inserted the words “within one month of the notice having been sent to him as to the nature of the requirement which the Secretary of State is minded to make”;
b
in sub-paragraph (1)(b)–
i
for the words “a reasonable”, there shall be substituted the word “an”,
ii
after the words “within one month of the notice having been sent to him as to the nature of the requirement which the Secretary of State is minded to make”.
Substitution of a new regulation 28 in the principal Regulations
14
For regulation 28 of the principal Regulations (representation and preliminary statement), there shall be substituted the following regulation:–
Representation and preliminary statement
28
1
A representation shall–
a
be made in writing;
b
be signed by the complainant or on his behalf by some person authorised by him;
c
include a preliminary statement of the alleged facts and the grounds upon which he intends to rely,
and shall be sent to the clerk of the Tribunal.
2
The Tribunal may if they think fit–
a
direct the complainant to furnish such further particulars of those facts or grounds as they may reasonably require; and
b
where a fact does not appear to them to be within the personal knowledge of the complainant, require details of the source of his information about that fact and of the grounds for the complainant’s belief that the information is true; and
c
require any preliminary statement under this regulation to be verified by statutory declaration.
.
Amendment of regulation 30 of the principal Regulations
15
In regulation 30 of the principal Regulations (notices to be sent in case of inquiry), for the word “list” in sub-paragraph (b) of paragraph (1), there shall be substituted the word “copy”.
Substitution of a new regulation 31 in the principal Regulations
16
For regulation 31 of the principal Regulations (right of respondent to admit or deny allegations), there shall be substituted the following regulation:–
Right of respondent to admit or deny allegations
31
1
The Tribunal shall send to the respondent a copy of the statement of complaint and of the documents which the complainant proposes to put in evidence, together with a notice (Form 3) informing him that he may, if he so desires, within a month from the date of the notice, by a statement in writing addressed to the clerk of the Tribunal, admit or dispute the truth of all or any of the allegations appearing in the statement of complaint.
2
The Tribunal may, on the application of the respondent, extend, on the grounds of good cause, the time specified in this regulation for sending to them such statement.
.
Revocation of regulation 33 of the principal Regulations
17
Regulation 33 of the principal Regulations (right of respondent to inspect documents) is hereby revoked.
Amendment of regulation 36 of the principal Regulations
18
In regulation 36 of the principal Regulations (power to treat representation as withdrawn in certain cases), after the words “these regulations”, there shall be inserted the words “or if he fails, without having previously offered a reasonable excuse, to appear in person or by a representative at any inquiry of which he was sent due notice under regulation 34(1)”.
Amendment of regulation 40 of the principal Regulations
19
In regulation 40 of the principal Regulations (appearance by representative), for the word “Administrator” in paragraph (1), there shall be substituted the words
“General Manager”.
Substitution of a new regulation 41 in the principal Regulations
20
For regulation 41 of the principal Regulations (evidence), there shall be substituted the following regulation:–
Evidence
41
The complainant and the respondent or their representatives shall be entitled at the inquiry to produce evidence, including evidence not produced prior to the inquiry, and to call witnesses to whom questions may be put by or on behalf of any party.
.
Amendment of regulation 43 of the principal Regulations
21
In regulation 43 of the principal Regulations (procedure in regard to applications for reinstatement on list), in paragraph (8), for the words “Regulations 33 (Right of respondent to inspect documents)”, there shall be substituted the words “Regulations 31 (Right of respondent to admit or deny allegations)”.
Amendment of regulation 47 of the principal Regulations
22
In regulation 47 of the principal Regulations (appeal to Secretary of State), for the words “fourteen days after” in paragraph (1), there shall be substituted the words “one month from the date on which”.
Amendment of regulation 48 of the principal Regulations
23
In regulation 48 of the principal Regulations (procedure on appeal from Tribunal)–
a
in paragraph (2), for the figure “33”, there shall be substituted the figure “31”;
b
after paragraph (2), there shall be inserted the following paragraph:–
2A
Where an appellant to whom notice of a hearing has been given in accordance with regulation 34(1) (as modified pursuant to paragraph (2) of this regulation) fails to appear at the hearing, the person hearing the appeal may, after having regard to all the circumstances including any explanation offered for the absence, proceed to hear the appeal notwithstanding the absence.
;
c
in paragraph (4), for the words ““Secretary of State”” there shall be substituted the words ““Secretary of State or the person appointed by him to hear the appeal””.
Amendment of regulation 50 of the principal Regulations
24
In regulation 50 of the principal Regulations (service of notice, etc. ), for the word “Administrator” in paragraph (1), there shall be substituted the words “General Manager”.
Substitution of a new regulation 53 in the principal Regulations
25
For regulation 53 of the principal Regulations (power of Secretary of State to extend time for appeals), there shall be substituted the following regulation:–
Power to extend time limits
53
1
The Secretary of State may, on the application of any person desiring either–
a
to appeal under the provisions of regulation 5(4), 11(1), 13, 16 to 18, 20, 22 or 23; or
b
to make representations under the provisions of regulation 11(3), 14(2)(a) or 15(1)(a) or (b),
extend the time for giving notice of appeal or, as the case may be, making representations, and may do so although such application is not made until after the expiration of the time prescribed for giving notice of appeal or making representa tions.
2
An application under paragraph (1) shall be in writing to the Secretary of State stating the grounds for the application.
.
Amendment of Schedule 1 to the principal Regulations
26
1
Schedule 1 to the principal Regulations (rules of procedure under regulation 9) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 (procedure of service committees)–
a
for the word “Administrator”, in each instance where it occurs, there shall be substituted the words “General Manager”;
b
for sub-paragraph (1), there shall be substituted the following sub-paragraphs:–
1
Where, on consideration of a complaint, it appears to the General Manager that–
a
notice of the complaint was not given within the period specified in regulation 4 in relation to that notice, he shall, as soon as practicable, seek the complainant’s reasons for the delay;
b
where notice of the complaint was given in writing, the sub-stance of the matter which it is desired to have investigated is not sufficiently particularised in the statement, he may, as soon as practicable, seek from the complainant such further particulars of the complaint as he may reasonably require, and the complainant shall submit to the General Manager such reasons or particulars requested within twenty-one days from the date the request was sent to him.
1A
Subject to the provisions of sub-paragraphs (1) and (1B) of this paragraph, the General Manager shall, as soon as practicable after receiving notice of a complaint, send to the chairman of the appropriate service committee a copy of the statement of complaint.
1B
Sub-paragraph (1A) of this paragraph and sub-paragraph (1) of paragraph 2 of this Schedule shall not apply where, and for so long as, the Committee and the complainant agree that, pending conciliation of the matter giving rise to it, the complaint should not be investigated under these Regulations.
1C
If, in the opinion of the chairman, the statement does not disclose reasonable grounds for believing that the practitioner, chemist or, as the case may be, optician against whom the complaint has been made has failed to comply with his terms of service, the chairman shall so inform the General Manager who shall notify the complainant of the chairman’s opinion and invite him to submit a further statement in amplification of his complaint within fourteen days of the date on which that notification was sent to him.
1D
Where–
a
after consideration of any further statement which has been submitted pursuant to sub-paragraph (1C) of this paragraph, the chairman considers that a hearing of the case is unnecessary; or
b
such further statement has been invited but has not been submitted within the period specified in that sub-paragraph,
the chairman shall, as soon as practicable, bring the case before the service committee who may report on the matter without holding a hearing.
;
c
for sub-paragraph (2) there shall be substituted the following sub-paragraphs:–
2
If the chairman considers that the complainant’s statement, or further statement (if any), discloses reasonable grounds for believing that the practitioner, chemist or, as the case may be, optician has failed to comply with any provision of his terms of service, he shall identify the provision in question and notify the General Manager accordingly.
2A
On being informed by the chairman as mentioned in sub-paragraph (2) of this paragraph, the General Manager shall–
a
send to the practitioner, chemist or, as the case may be, optician–
i
a copy of the complainant’s statement, and of his further statement (if any), and
ii
details of any provision of the terms of service identified by the chairman pursuant to sub-paragraph (2) of this paragraph;
b
invite the comments of the practitioner, chemist or, as the case may be, optician with regard to the complaint; and
c
inform him that such comments must be made within a period of four weeks, or within such longer period as the service committee may for reasonable cause allow.
2B
Where, in response to his invitation under sub-paragraph (2A)(b) of this paragraph, the General Manager receives from the practitioner, chemist or, as the case may be, optician comments with regard to the complaint, he shall–
a
send to the complainant–
i
a copy of those comments or details of the substance thereof, and
ii
details of any provision of the terms of service identified by the chairman pursuant to sub-paragraph (2) of this paragraph;
b
invite the observations of the complainant on those comments; and
c
inform the complainant that such observations must be made within a period of fourteen days, or within such longer period as the service committee may for reasonable cause allow.
;
d
for sub-paragraph (4) there shall be substituted the following sub-paragraphs:–
4
Where–
a
no comments are made within the period allowed under sub-paragraph (2A)(c) of this paragraph; or
b
after consideration of the comments, and of any observations, made pursuant to sub-paragraphs (2A) and (2B) of this paragraph, the chairman is of the opinion that–
i
there is a material difference between the parties with regard to the facts of the complaint, or
ii
for some other reason a hearing of the complaint is necessary,
the chairman shall specify every provision of the terms of service with which, in his opinion, the complaint discloses reasonable grounds for believing that there has been a failure to comply, and shall inform the General Manager accordingly.
4A
On being informed by the chairman as mentioned in sub-paragraph (4) of this paragraph, the General Manager shall–
a
inform the parties that there will be a hearing;
b
inform the parties of the names of the members and deputy members of the appropriate service committee;
c
require each party to forward to him, within fourteen days from the date of the request, details of any documentary evidence, and of the names of any witnesses, which the party proposes to produce or call at the hearing; and
d
send to the parties–
i
details of all provisions of the terms of service specified by the chairman pursuant to sub-paragraph (4) of this paragraph, and
ii
copies of all correspondence relevant to the complaint.
;
e
in sub-paragraphs (6) and (7), after the word “statement”, in each instance where it occurs, there shall be inserted the words “and further statement, if any,”;
f
for sub-paragraph (8), there shall be substituted the following sub-paragraphs:–
8
Except in cases disposed of without a hearing, the General Manager shall, not less than twenty-one days before the date fixed for the hearing–
a
give to both parties and to the Secretary of the Local Medical, Pharmaceutical, Dental or Optical Committee, as the case may be, notice of the meeting at which the case will be heard; and
b
send to both parties any details supplied by the other party in pursuance of sub-paragraph (4A)(c) of this paragraph.
8A
Where the service committee are satisfied that a complainant to whom notice has been sent pursuant to sub-paragraph (8) of this paragraph–
a
has failed, within fourteen days of the date on which such notice was sent to him, to signify his intention to attend the hearing; or
b
has, without reasonable cause, refused to attend the hearing,
they may, subject to sub-paragraph (8B) of this paragraph, proceed to consider the complaint at their meeting and to report on the matter without holding a hearing.
8B
A report made pursuant to sub-paragraph (8A) of this paragraph shall not contain any recommendation which is adverse to the practitioner, chemist or, as the case may be, optician unless he shall have previously consented in writing to the matter being disposed of by the service committee without a hearing.
;
g
in sub-paragraph (16), for the words “but shall take no part”, there shall be substituted the words “and take part”;
h
in sub-paragraph (17), for the words “the complainant introduces any issue” there shall be substituted the words “any issue arises”;
i
in sub-paragraph (19)–
i
after the words “placed before them and”, there shall be inserted the words “in respect of each provision of the terms of service identified by the chairman pursuant to this paragraph,”,
ii
after the words “properly drawn from the facts” there shall be inserted the words “and their reasons for reaching that opinion”,
iii
for the words “the service committee may in cases where they infer a breach of the terms of service” there shall be substituted the words “in any case where they infer a breach of the terms of service, the service committee may, subject to sub-paragraph (19A) of this paragraph,”;
j
after sub-paragraph (19) there shall be inserted the following sub-paragraph:–
19A
In sub-paragraph (19) of this paragraph, the expression “previous reports” shall not include–
a
any report made more than six years prior to the date of complaint; or
b
any report in connection with which an appeal is pending under regulation 11(1).
;
k
in sub-paragraph (20) for the words “one” and “member”, wherever they occur, there shall be substituted the words “two” and “members” respectively;
l
after sub-paragraph (20) there shall be inserted the following sub-paragraph:–
20A
The proceedings at any meeting of a service committee shall be suspended if, and for so long as–
a
the number of members present falls below the quorum specified in sub-paragraph (20) of this paragraph; or
b
the number of lay members who are present exceeds, or is exceeded by, the number of other members (apart from the chairman) who are present.
.
3
In paragraph 2 (procedure of joint services committee)–
a
in sub-paragraph (1), for the words “The Administrator” there shall be substituted the words “Subject to the provisions of sub-paragraph (1B) of paragraph 1 of this Schedule, the General Manager”;
b
in sub-paragraph (2), for the words “one” and “member” wherever they occur, there shall be substituted the words “two” and “members” respectively;
4
At the end of paragraph 3 (interpretation) there shall be added the following definition:–
“statement” means the statement, included in the notice given pursuant to regulation 4, of the substance of the matter which a complainant desires to have investigated, and includes–
where the notice was given orally, both the tape on which it was recorded and the transcript of it; and
where the notice was given in writing, any further particulars of it submitted pursuant to paragraph 1(1)(b).
.
Transitional provisions
27
1
The principal Regulations shall, in their application to any matter–
a
which falls to be investigated, referred or determined (whether by a service committee, a denture conciliation committee, a Committee, the Secretary of State or otherwise) under Part II of those Regulations following a complaint of which notice was given, or a reference under regulation 6(6)(a) which was made, before 2nd April 1990;
b
which falls to be determined (whether by the Tribunal, the Secretary of State or otherwise) under Part III of those Regulations following a representation in writing received by the Clerk of the Tribunal before 2nd April 1990,
have effect as if these Regulations had not come into force.
2
In this regulation, the expressions “service committee”, “Committee” and “the Tribunal” shall be construed in accordance with regulation 2(1) of the principal Regulations.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
8th March 1990