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National Health Service (Scotland) Act 1978

National Health Service (Scotland) Act 1978 s 29B

s 29B Powers of NHS Tribunal.

(1) Subsection (2) applies where the Tribunal are of the opinion— (a) on inquiring into an efficiency case, that the person meets the first condition for disqualification; (b) on inquiring into a fraud case, that the person meets the second condition for disqualification ; (c) on inquiring into an unsuitability case, that the person meets the third condition for disqualification. (2) The Tribunal shall disqualify him for inclusion in— (a) the list to which the case relates; (b) all lists within the same paragraph of subsection (8) of section 29 as that list; and (c) where the list to which the case relates is a list referred to in— (i) paragraph (c) of that subsection, all lists within paragraph (cc) of that subsection; (ii) that paragraph (cc), all lists within that paragraph (c). (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Tribunal shall not make a disqualification . . . under this section if they are of the opinion that it would be unjust to do so. (5) A disqualification under this section shall have effect when the case is finally concluded. (6) If a person is disqualified for inclusion in any list prepared by a Health Board, the Board must not enter him in the list and (if he is already included in the list) must remove him from the list.

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