# The National Health Service (Discipline Committees) (Scotland) Regulations 2006, Regulation 4: Provisions relating to the start of disciplinary proceedings

Extent: S

(1) Where an appropriate Health Board receives information which it considers could amount to an allegation that a practitioner has failed to comply with his or her terms of service, it shall decide either to take no action or to take one or both of the courses of action set out in paragraph (2).
(2) The courses of action referred to in paragraph (1) are–
(a) to refer the matter to another Health Board for investigation in accordance with regulation 5(1);
(b) to refer the information to, as it considers appropriate, the Tribunal, the relevant professional body or the police.
(3) Without prejudice to any other rights or remedies which it may have, where an appropriate Health Board considers that a payment has been made to a practitioner which was not due and the practitioner does not admit that overpayment, the appropriate Health Board may refer the overpayment under regulation 5(1).
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In this regulation–
(a) “relevant professional body” means–
(i) in relation to a doctor or an ophthalmic medical practitioner, the General Medical Council;
(ii) in relation to a dentist or a dental body corporate, the General Dental Council;
(iii) in relation to an optician, the General Optical Council; or
(iv) in relation to a pharmacist, the General Pharmaceutical Council;
(b) “the relevant time” means the time of the event, treatment or other matter giving rise to the allegation.

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Source: https://www.legislation.gov.uk/ssi/2006/330/regulation/4 (the official version)
Page: https://openlegislation.uk/national-health-service-discipline-committees-scotland-regulations-2006/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.