Article 77 Determination of a Board or the Department made before the relevant date (regulations 8, 9, 10 and 11 of the Disciplinary Procedures Regulations)I1
Northern Ireland
Where, before the relevant date, a Board (or where relevant, the Department) has determined pursuant to regulation 8(5)(a) and 9(3) or regulation 11 (as the case may be) that an amount should be recovered from the doctor, insofar as any of that amount has not been recovered before the relevant date, it shall continue to be recoverable by the Board that was the appropriate Board for the purposes of the Disciplinary Procedures Regulations in respect of that matter, and it shall be treated as a debt owed by that doctor to that Board.
Where a contracting Board has record of, or receives notification of, an adverse determination made before the relevant date pursuant to regulation 8, 9, 10 or 11 in respect of a doctor (where, in the case of a determination under regulation 8, such a determination was not overturned on appeal), paragraph (3) shall apply without prejudice to any other rights the contracting Board may have to take action against the relevant contractor pursuant to any term of the general medical services contract or default contract.
Where this paragraph applies, the contracting Board –
may take into account that adverse determination in relation to a relevant contractor if it is considering, pursuant to a term of the general medical services contract that gives effect to paragraph 107(7) of Schedule 5 to the 2004 Regulations, or an equivalent term in the default contract, whether the cumulative effect of breaches under that contract is such that to allow the contract to continue would be prejudicial to the efficiency of the services provided under that contract; but
shall not, pursuant to sub-paragraph (a), take into account any adverse determination that was made that occurred more than 6 years prior to the date upon which the contracting Board is considering terminating the general medical services contract or the default contract (as the case may be).
Annotations
Commencement
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Art. 77 in operation at 1.4.2004, see art. 1(1)