The National Health Service (Discipline Committees) (Scotland) Regulations 2006

Provisions relating to the start of disciplinary proceedings S

4.—(1) Where an appropriate Health Board receives information which it considers could amount to an allegation that a practitioner has failed to comply with his or her terms of service, it shall decide either to take no action or to take one or both of the courses of action set out in paragraph (2).

(2) The courses of action referred to in paragraph (1) are–

(a) to refer the matter to another Health Board for investigation in accordance with regulation 5(1);

(b) to refer the information to, as it considers appropriate, the Tribunal, the relevant professional body or the police.

(3) Without prejudice to any other rights or remedies which it may have, where an appropriate Health Board considers that a payment has been made to a practitioner which was not due and the practitioner does not admit that overpayment, the appropriate Health Board may refer the overpayment under regulation 5(1).

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this regulation–

(a) “relevant professional body” means–

(i) in relation to a doctor or an ophthalmic medical practitioner, the General Medical Council(1);

(ii) in relation to a dentist [F2 or a dental body corporate], the General Dental Council(2);

(iii) in relation to an optician, the General Optical Council(3); or

[F3 (iv) in relation to a pharmacist, the General Pharmaceutical Council;]

(b) “the relevant time” means the time of the event, treatment or other matter giving rise to the allegation.

Textual Amendments

F1 Reg. 4(4)(5) omitted (1.4.2012) by virtue of The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (S.S.I. 2012/36), reg. 1(1), sch. para. 4(3)

F2 Words in reg. 4(6)(a)(ii) inserted (2.7.2010) by The National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/226), regs. 1(1), 2(4)

F3 Words in reg. 4(6) substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 52 (with Sch. 5); S.I. 2010/1621, art. 2(1), Sch.

Commencement Information

I1 Reg. 4 in force at 1.7.2006, see reg. 1(1)

(1)

See the Medical Act 1983 (c. 54), section 1.

(2)

See the Dentists Act 1984 (c. 24), section 1.

(3)

See the Opticians Act 1989 (c. 44), section 1.