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National Health Service (Scotland) Act 1978

National Health Service (Scotland) Act 1978 s 29C

s 29C Conditional disqualification etc.

(1) The functions of making disqualifications under section 29B include making a conditional disqualification, that is, a disqualification which is to come into effect only if the Tribunal determine (on a review under section 30) that the person subject to the inquiry has failed to comply with any conditions imposed by them. (2) Conditions may be imposed by virtue of subsection (1) with a view to— (a) removing any prejudice to the efficiency of the services in question; . . . (b) preventing any acts or omissions within section 29(7)(a) ; (c) ensuring that the person— (i) performs, undertakes to provide or assists in providing only services specified (or of a description specified) in the condition; (ii) undertakes an activity (or course of activity) of a personal or professional nature, or refrains from conduct of a personal or professional nature, so specified (or of a description so specified), (as the case may be). (3) Conditions so imposed shall have effect when proceedings in the case are finally concluded. (4) Section 29B(4) applies to a conditional disqualification as it applies to a disqualification. (5) The Tribunal may by directions— (a) vary the terms of service of the person subject to the inquiry (including terms imposed by regulations under this Part); (aa) vary any requirements to which the person subject to the inquiry is subject under or by virtue of section 17F, 17P or 17X or this Part ; (b) confer functions on any Health Board, for the purpose of or in connection with the imposition of any conditions by virtue of this section. (6) References in any enactment to a disqualification by the Tribunal do not include a conditional disqualification.

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