# The General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004, Article 82: Excessive prescribing (regulations 16 and 17 of the Service Committees Regulations)


(1) Where, on 31st March 2004, a Health Board had–
(a) referred a question of excessive prescribing for investigation and determination by a medical discipline committee under regulation 16(7); and
(b) that committee had not yet made its determination,
the investigation by the committee shall continue and its determination be made as if section 19 of the 1978 Act had not been repealed.
(2) Where, on 31st March 2004, a Health Board had given notice of its determination to a doctor and area medical committee under paragraph (9) of regulation 16 but–
(a) the doctor or area medical committee had not given notice of appeal in accordance with regulation 17; and
(b) the time for appealing in regulation 17(1) had not yet expired,
the time for appealing shall continue as if section 19 of the 1978 Act had not been repealed.
(3) Where–
(a) on 31st March 2004, a medical practitioner had given notice of appeal against the determination of a Health Board in accordance with regulation 17 but that appeal had not been determined or withdrawn; or
(b) a medical practitioner has given notice of such an appeal after 31st March 2004, pursuant to paragraph (2),
that appeal shall continue to be dealt with as if section 19 of the 1978 Act had not been repealed.

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Source: https://www.legislation.gov.uk/ssi/2004/163/article/82 (the official version)
Page: https://openlegislation.uk/general-medical-services-and-section-17c-agreements-transitional-and-other-ancillary-provisions-scotland-order-2004/article-82
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.