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The Health and Social Care (Disciplinary Procedures) Regulations (Northern Ireland) 2016
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- Northern Ireland Statutory Rules
- 2016 No. 104
- Regulation 7
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Recovery of amounts from practitioners following appealN.I.
This section has no associated Explanatory Memorandum
7.—(1) Where—
(a)in the case of an appeal under regulation 5(1)(a) the [F1Family Practitioner Services Independent Appeal Panel] determines that a practitioner has failed to comply with their terms of service in so far as they have failed to exercise a proper degree of skill and attention in the treatment of a patient; or
(b)an appeal is made under regulation 5(1)(b) or (c);
the [F1Family Practitioner Services Independent Appeal Panel] shall, subject to the following provisions of this regulation, determine whether any, and if so what, amount shall be recovered from the practitioner, whether by way of deduction from their remuneration or otherwise.
(2) The [F2Family Practitioner Services Independent Appeal Panel] shall give notice in writing of its determination under paragraph (1) to the practitioner and the [F3Department], and shall include with the notice a statement of its reasons for its determination.
(3) Where the [F4Family Practitioner Services Independent Appeal Panel] has determined under paragraph (1) that an amount shall be recovered from a practitioner, it shall direct the [F5Department] to recover that amount either by deduction from the practitioner’s remuneration or otherwise.
(4) Where the [F6Department] determines that any amount which it has been directed to recover under paragraph (3) is to be recovered by deduction from the practitioner’s remuneration, it shall notify the RBSO of the amount in question and the RBSO shall deduct that amount from the practitioner’s remuneration.
(5) Any sum which falls by virtue of paragraph (3) to be recovered by the [F7Department] shall, to the extent that it is not recovered by deduction from the practitioner’s remuneration, be a debt owed by the practitioner to the [F7Department].
Textual Amendments
F1Words in reg. 7(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. 29(2) (with reg. 13)
F2Words in reg. 7(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. 29(3)(a) (with reg. 13)
F3Word in reg. 7(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. 29(3)(b) (with reg. 13)
F4Words in reg. 7(3) 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. 29(4)(a) (with reg. 13)
F5Word in reg. 7(3) 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. 29(4)(b) (with reg. 13)
F6Word in reg. 7(4) 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. 29(5) (with reg. 13)
F7Word in reg. 7(5) 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. 29(6) (with reg. 13)
Commencement Information
I1Reg. 7 in operation at 1.4.2016, see reg. 1(1)
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