National Health Service Act 2006 : Chapter 41.

  • Great Britain.
Date:
[2006], ©2006
Catalogue details

Licence: Open Government Licence

Credit: National Health Service Act 2006 : Chapter 41. Source: Wellcome Collection.

    253/278 (page 235)
    Schedule 13 — The Family Health Services Appeal Authority (b) the allocation to panels of cases, or of particular proceedings in any case, and (c) the procedure to be followed by a panel in considering any matter before it. 16 The Lord Chancellor must make rules — (a) giving each party to proceedings before a panel the opportunity of putting his case at a hearing, (b) entitling each party to be legally represented at any hearing (whether it is held at the instance of the panel or of a party), and (c) securing that any hearing is held in public unless the practitioner asks for it to be in private (a request which the panel must consider but need not grant). Ws Rules under this Schedule may, in particular, make provision— (a) as to the carrying out by a Deputy President of functions of the President, (b) as to how, and as to the time within which, an application to the FHSAA must be made, or an appeal to the FHSAA must be brought (so far as the matter is not provided for in or by virtue of this or any other Act), (c) for a period which must elapse before an application, or a further application, may be made under section 158(5)(a), or under any provision of regulations under section 91, 106, 123 or 146 corresponding to that provision, (d) as to the matters referred to in paragraph 12, (e) for the giving by the panel of directions to the parties as to the conduct of the case, and for the consequences of failure to comply with such directions (which may include allowing or dismissing the appeal or application if the failure to comply was without reasonable excuse), (f) empowering a panel to require persons to attend and give evidence or produce documents, (g) about the admissibility of evidence, and (h) enabling the panel to administer oaths. 18 No person may be required by virtue of any such rules to give any evidence or produce any document or other material which he could not be compelled to give or produce in civil proceedings in a court in England and Wales. Miscellaneous 19 (1) The President must, in respect of each period of 12 months beginning on 1st April, prepare a written report about the FHSAA’s activities during that period. (2) He must send a copy of the report to the Lord Chancellor, the Secretary of State and the Welsh Ministers. (3) After consulting the Lord Chancellor and the Welsh Ministers, the Secretary of State may give directions to the President as to subjects with which the report must deal.