Procedure on appealN.I.

6.—(1) The [F1Family Practitioner Services Independent Appeal Panel] shall send a copy of the notice of appeal and of any further particulars furnished by the practitioner to the [F2Department], and shall invite the [F2Department] to submit its observations on the appeal within 28 days of being sent the copy of the notice of appeal.

(2) Where observations are made under paragraph (1), the [F3Family Practitioner Services Independent Appeal Panel] shall send a copy of those observations to the practitioner and shall invite them to submit their comments on the observations within 28 days of the practitioner being sent that copy.

F4(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Unless the practitioner and the [F5Department] notify the [F6Family Practitioner Services Independent Appeal Panel], when providing observations under paragraphs (1) and (2), that they are content for the [F7Family Practitioner Services Independent Appeal Panel] to determine the appeal on the basis of written representations, paragraphs (10) to (14) shall apply.

(10) The [F8Family Practitioner Services Independent Appeal Panel] shall appoint a day for the hearing and shall give the practitioner and the [F9Department] not less than 21 days’ notice in writing of the day, time and place of the hearing.

(11) No person shall, without the consent of the practitioner and the [F10Family Practitioner Services Independent Appeal Panel], be admitted to the hearing unless they are—

(a)the practitioner;

(b)a representative of the [F11Department] who is an officer or member of the [F11Department];

(c)a person (who may be a barrister, a solicitor or any other person) engaged by a person mentioned in sub-paragraph (a) or (b) to represent them before the [F10Family Practitioner Services Independent Appeal Panel]; or

(d)a person whose attendance is required for the purpose of giving evidence to the [F10Family Practitioner Services Independent Appeal Panel].

(12) The practitioner and the [F12Department] shall not rely on any facts or contentions which do not appear to the [F13Family Practitioner Services Independent Appeal Panel] to have been raised in the course of the [F14Department] investigations unless—

(a)not less than seven days before the hearing, notice in writing was given to the [F13Family Practitioner Services Independent Appeal Panel] of such facts or contentions; or

(b)the [F13Family Practitioner Services Independent Appeal Panel] give their consent.

(13) The [F15Family Practitioner Services Independent Appeal Panel] shall give notice in writing to the practitioner and the [F16Department] of its determination of the matters mentioned in regulation 5(3)(c), (d) or (4)(b) and shall include with the notice a statement of its reasons for the determination.

F17(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in reg. 6(1) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(2)(a) (with reg. 13)

F2Word in reg. 6(1) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(2)(b) (with reg. 13)

F3Words in reg. 6(2) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(3) (with reg. 13)

F4Reg. 6(3)-(8) omitted (1.4.2022) by virtue of The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(4) (with reg. 13)

F5Word in reg. 6(9) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(5)(a) (with reg. 13)

F6Words in reg. 6(9) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(5)(b) (with reg. 13)

F7Words in reg. 6(9) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(5)(c) (with reg. 13)

F8Words in reg. 6(10) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(6)(a) (with reg. 13)

F9Word in reg. 6(10) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(6)(b) (with reg. 13)

F10Words in reg. 6(11) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(7)(a) (with reg. 13)