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Paragraph 21 Transfer of responsibility, absences, deputies, assistants and partnersI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph 22, where it appears to the Board that it may no longer be satisfied as to any of the matters referred to in heads (a) to (d) of paragraph 20(9), it may give notice in writing to the doctor that it proposes to review the approval.

(2)

On any review under sub-paragraph (1), the Board shall allow the doctor a period of 30 days, beginning with and including the day on which it sent the notice, within which to make representations in writing to the Board.

(3)

After considering any representations made in accordance with sub-paragraph (2), the Board may determine either to continue or to withdraw its approval but shall not withdraw its approval without first consulting the Local Medical Committee.

(4)

The Board shall give notice to the doctor of a determination under sub-paragraph (3).

(5)

Where the Board withdraws its approval, it shall include with the notice a statement in writing of the reasons for its determination and of the doctor’s right of appeal under sub-paragraph (6).

(6)

A doctor may, within the period of 30 days beginning with and including the day on which the notice referred to in sub-paragraph (4) was received by him, appeal in writing to the Department against the withdrawal of approval and sub-paragraphs (12) and (13) of paragraph 20 shall apply to any such appeal.

(7)

Subject to paragraph 22(1), where the Board withdraws approval, the withdrawal shall not take effect until the end of the period of 2 months beginning with and including the date on which the notice referred to in sub-paragraph (4) was sent or where there is an appeal under sub-paragraph (6) and the appeal is dismissed, the date on which the doctor receives notice of the dismissal of the appeal, whichever is the later.

Annotations

Commencement

I1

Sch. 2 para. 21 in operation at 6.10.1997, see reg. 1