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The Health Act 1999 (Fund-Holding Practices) (Transfer of Assets, Savings, Rights and Liabilities and Transitional Provisions) (Scotland) Order 1999

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Recovery of misapplied sums

8.—(1) Notwithstanding the repeal of sections 87A to 87C of the 1978 Act, the Board may on or after 1st October 1999 apply the procedure in regulation 23 of the 1997 Regulations to determine whether any part of the allotted sum has been misapplied by the former members of a fund-holding practice and in accordance with that regulation may recover any sum found to have been misapplied, and regulation 23 of the 1997 Regulations shall apply to such determinations and recoveries as though the said sections had not been repealed.

(2) Paragraph (1) shall apply whether or not the procedures to determine whether a sum had been misapplied or to recover such a sum had begun before 1st October 1999.

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