38.—(1) Where, on or before 31st March 2004, a medical practitioner had admitted an overpayment drawn to its attention by a Local Health Board under regulation 35(2) of the 1992 Regulations(1) (claims and overpayments) but the overpayment, or any part of it, had not been recovered, the amount overpaid, or any part of it not recovered before 31st March 2004, shall, notwithstanding the repeal of the 1992 Regulations, continue to be recoverable by that Local Health Board and shall be treated as a debt owed by that medical practitioner to that Local Health Board.
(2) Notwithstanding the repeal of the 1992 Regulations, where a Local Health Board considers that a payment has been made to a medical practitioner under the Statement of Fees and Allowances when it was not due and has not drawn that alleged overpayment to the attention of the medical practitioner on or before 31st March 2004, the Local Health Board may draw that overpayment to the attention of the medical practitioner and—
(a)where the overpayment is admitted by him or her, the Local Health Board may recover the amount overpaid from him or her as a civil debt; and
(b)where the overpayment is not admitted by him or her, the arrangements for appeals set out in paragraph 80 of the Statement of Fees and Allowances shall apply.
(3) In this article “Statement of Fees and Allowances” means the statement determined and published by the Assembly under regulation 34 of the 1992 Regulations(2), as that statement had effect on 31st March 2004.
Regulation 35(2) was amended by S.I. 1996/702, 2002/1896 (W.197).
Regulation 34 was amended by S.I. 1993/540, 1997/2468, 2000/1992 (W.144) and 2002/1896 (W.197).