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The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016

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Appeal to the Department

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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.

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