- Latest available (Revised)
- Point in Time (01/04/2016)
- Original (As made)
Version Superseded: 01/04/2022
Point in time view as at 01/04/2016. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—(1) An appeal may be made to the Department by a practitioner—
(a)against a finding of fact, or an inference drawn from a finding of fact which, in either case, is adverse to the practitioner pursuant to regulation 4 (1)(a) or (b);
(b)against any determination by the Regional Board under regulation 4(1)(c)(ii) to take action in accordance with regulation 4(2)(a), (b) or (c);
(c)in respect of a determination by the Regional Board that an overpayment has or has not been made in respect of the practitioner’s remuneration;
by giving notice of appeal in accordance with paragraph (2).
(2) A notice of an appeal shall be in writing and sent to the Department within 45 days beginning on and including the date on which notice of the Regional Board’s decision was given to the practitioner under regulation 4(4), and shall contain a concise statement of the grounds of appeal upon which the practitioner intends to rely.
(3) On an appeal to which paragraph (1)(a) or (c) applies, the Department shall consider the appeal on the basis of such evidence as was available to the Regional Board and of such further evidence as shall have been adduced on the appeal, and shall—
(a)make such findings of fact as it sees fit;
(b)draw such inferences from those findings as it sees fit;
(c)in the case of an appeal to which paragraph (1)(a) applies—
(i)determine whether or not the practitioner has failed to comply with any one or more of their terms of service; and
(ii)determine in accordance with any one or more of the following provisions, that is regulation 4(2)(a), (b) and (c) (as modified in accordance with paragraph (4)) or regulations 7 and 8 whether any, and if so what, action should be taken in relation to that practitioner;
(d)in the case of an appeal to which paragraph (1)(c) applies determine whether there has been an overpayment and, if so, of what amount;
(e)in the case of an appeal to which paragraph (1)(b) applies—
(i)accept as conclusive—
(aa)those findings of fact made by the Regional Board; and
(bb)the inferences drawn from those findings;
(ii)determine in accordance with any one or more of the following provisions, that is, regulation 4(2)(a), (b) and (c) (as modified in accordance with paragraph (4)) or regulations 7 and 8, whether any, and if so what, action should be taken in relation to the practitioner.
(4) For the purposes of paragraphs (3)(c)(ii) and (e)(ii), regulation 4(2)(a), (b) and (c), and (3) shall have effect as if for any reference to “the Regional Board” there were substituted a reference to “the Department”.
(5) The practitioner may withdraw their appeal at any time before it is determined—
(a)by giving notice to the Department of their intention to do so; and
(b)with the consent of the Department.
(6) For the purposes of paragraphs (3) to (5), references to “the Department” include references to a panel appointed under regulation 6 to hear and determine appeals on behalf of the Department.
Commencement Information
I1Reg. 5 in operation at 1.4.2016, see reg. 1(1)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: