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

Provisions relating to the start of disciplinary proceedings

This section has no associated Explanatory Memorandum

2.—(1) Where the Regional Board receives information which it considers could amount to an allegation that a practitioner has failed to comply with their terms of service, hereinafter referred to as the “disciplinary matter”, it shall decide either to take no action or take one or both of the courses of action set out in paragraph (2).

(2) The courses of action referred to in paragraph (1) are—

(a)to investigate the disciplinary matter;

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

(3) The Regional Board shall not proceed under paragraph (2)(a) in any case where the allegation and information on which it is based is the subject of a complaint which is being investigated.

(4) For the purposes of these regulations an allegation remains the subject of a complaint which is being investigated until—

(a)the procedure for investigating the complaint is completed; or

(b)the complaint is withdrawn or abandoned by the person bringing it.

(5) Where the Regional Board considers that a payment has been made to a practitioner which was not due and the practitioner does not admit the overpayment, the Regional Board may investigate the matter at any time.