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

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Determination of appropriate Health Board

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8.—(1) The appropriate Health Board, after due consideration of a report presented to it by the discipline committee pursuant to paragraph 7(1) of Schedule 2, shall–

(a)accept as conclusive the findings of fact made by that committee;

(b)accept as conclusive the inferences from those findings of fact which that committee considered could properly be drawn from those findings as to whether the practitioner has failed to comply with any of the terms of service detailed in the appropriate Health Board’s statement of case; and

(c)determine, having regard to any recommendation made by the discipline committee pursuant to paragraph 7(1)(e) of Schedule 2, either–

(i)that no further action should be taken in relation to the report; or

(ii)that action should be taken in relation to the practitioner, in accordance with any one or more of the provisions of paragraph (3).

(2) If the appropriate Health Board determines either not to adopt the recommendation of the discipline committee or to take any action not recommended by that committee, it shall record in writing its reasons for that determination.

(3) Where it has been determined that a practitioner to whom the report of the discipline committee relates has failed to comply with any of his or her terms of service, the appropriate Health Board may–

(a)without prejudice to sub–paragraph (b), determine that there should be recovered from him or her, whether by way of deduction from his or her remuneration or otherwise, any expenses (other than expenses incurred in connection with the investigation by the discipline committee) which, by reason of such failure, have been reasonably and necessarily incurred or, where the report relates to a dentist, are likely to be so incurred, by any person in obtaining further treatment, and that any such sums so recoverable shall be paid to that person;

(b)determine that an amount shall be recovered from the practitioner, whether by way of deduction from his or her remuneration or otherwise;

(c)where the practitioner is a dentist, determine that that dentist should be required to submit estimates for the prior approval of the Practice Board in respect of any treatment of such description and during such a period as shall be specified in the determination;

(d)determine that the practitioner should be warned to comply more closely with his or her terms of service in future;

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

(4) In acting under paragraph (3) the appropriate Health Board may take into consideration any determination that the practitioner had, on some other occasion, failed to comply with the practitioner`s terms of service, so long as such a determination, finding or inference has not been overturned on appeal and was not made more than six years prior to the date of referral under regulation 5(1).

(5) No later than 13 weeks after receipt of the report from the discipline committee, the appropriate Health Board shall give notice in writing of its determination under paragraph (1) and any determination under paragraph (3) to the practitioner, any person who is treated as a party pursuant to paragraph 2(3) of Schedule 2, the discipline committee, and the Scottish Ministers, and shall include with the notice–

(a)a copy of the report of the discipline committee;

(b)a statement of reasons recorded by the Health Board under paragraph (2); and

(c)a statement as to the rights of appeal to the Scottish Ministers under regulation 9.

(6) Subject to paragraph (8), where an appropriate Health Board determines under this regulation that action should be taken in accordance with paragraph 3(a), (b), (c), (d) or (e), that action shall be taken by the appropriate Health Board.

(7) Any amount determined under paragraph (3)(a) or (b) as being recoverable shall, to the extent that it is not recovered from the practitioner’s remuneration, be a debt owed by the practitioner to the Health Board by which it is recoverable.

(8) Where the appropriate Health Board makes a determination under paragraph (3)(a), (b), (c), (d) or (e) no action shall be taken in consequence of that determination–

(a)if no appeal is brought, before the end of the period specified in regulation 9(2) for bringing an appeal; or

(b)if an appeal is brought, before the Health Board has received notice–

(i)that the appeal has been withdrawn, or

(ii)of the Scottish Ministers' determination of the appeal.

(9) For the purpose of paragraph (3) “estimate” has the same meaning as in regulation 2(1) of the General Dental Services Regulations.

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