Article 83 Decision as to treatment for which fees may be charged by doctors (regulation 17 of the Disciplinary Procedures Regulations)I1

Where a question has arisen as to whether any treatment given by a doctor to a patient is treatment for which he may demand or accept a fee from a patient within the meaning of regulation 17(1), and that question has arisen before the relevant date, or on or after the relevant date in respect of any fee charged by a doctor before the relevant date, and that question –

the question may, in a case falling within sub-paragraph (a), be referred as if the amendments to that regulation and Schedule 4 had not taken effect and, in relation to both sub-paragraphs, the Local Medical Committee shall consider or continue to consider (as the case may be) and determine the matter in accordance with regulation 17 and Schedule 4, subject to the provisions in this Article.

Where a Local Medical Committee makes a determination pursuant to paragraph (1), regulation 17(6) shall apply to the Board.

Where a Board –

that referral shall be determined in accordance with regulation 17 and Schedule 4 as if the amendments to that regulation and Schedule had not taken effect.

Where the Department –

that referral shall be determined in accordance with regulation 17 and Schedule 4 as if the amendments to that regulation and Schedule had not taken effect.