Regulation 6 Time limitsI1

Scotland

F1(1)

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(2)

Where the disciplinary matter concerns an allegation which has been the subject of an investigation by the Agency, or of an investigation by any other person or body, the appropriate Health Board shall refer it under regulation 5(1) within 28 days of the Health Board having received the final report on the matter under investigation from the Agency or such other person or body.

(3)

Where the disciplinary matter relates to a matter which is the subject of an inquiry in terms of the F2Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 the appropriate Health Board shall refer it under regulation 5 (1) within 28 days of the conclusion of that inquiry.

(4)

Where the disciplinary matter relates to a matter which is the subject of any other proceedings before a court or tribunal, (including any appeal procedures) the appropriate Health Board shall refer it under regulation 5(1) within 28 days of the final conclusion of those proceedings

(5)

Where none of paragraph F3(2), (3) or (4) applies, the appropriate Health Board shall refer the disciplinary matter under regulation 5(1) within the time limits specified in paragraph (7).

(6)

Where the disciplinary matter concerns an alleged overpayment made to a practitioner pursuant to regulation 4(3), the appropriate Health Board may refer it under regulation 5(1) at any time.

(7)

The time limits referred to in paragraph (5) are–

(a)

in the case of a doctor, pharmacist or pharmacist contractor, 13 weeks after the event or matter which is the subject of the allegation occurred, or 13 weeks after the latest in a series of events or matters which are the subject of the allegation occurred;

(b)

in the case of an ophthalmic medical practitioner or optician, 13 weeks after the event or matter which is the subject of the allegation occurred, or 13 weeks after the latest in a series of events or matters which are the subject matter of the allegation occurred;

(c)

in the case of a dentist F4or dental body corporate–

(i)

subject to paragraph (8), where the matter concerns the treatment of a patient, either 6 months after the last date of submission F5... of the claim forms for that course of treatment to the Practice Board or the Agency on behalf of the Practice Board, or, where the allegation relates to a series of courses of treatment, 6 months after the last date of submission ... of claim forms for the latest course of treatment in that series;

(ii)

subject to paragraph (8), where the matter does not concern the treatment of a patient and is reported to the appropriate Health Board by the Practice Board, 13 weeks after the date on which the matter, or after the latest in a series of matters, came to the notice of the Practice Board;

(iii)

where the matter does not concern the treatment of a patient and comes to the notice of the appropriate Health Board other than by a report from the Practice Board, 13 weeks after the date on which the matter or after the latest in a series of matters came to the notice of the Health Board.

(8)

Where the Practice Board reports a matter to the appropriate Health Board in circumstances in which the time limits mentioned in paragraph (7)(c)(i) or (ii) would otherwise expire within 28 days of the date on which the Health Board received the report, the relevant time limit shall be extended so that it expires on the 28th day after the date on which the Health Board received the report.

(9)

For the purposes of paragraph (7)(c), “treatment” has the same meaning as in regulation 2(1) of the General Dental Services Regulations.

Annotations

Textual amendments

F1: Reg. 6(1) omitted (1.4.2012) by virtue of The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (S.S.I. 2012/36), reg. 1(1), sch. para. 4(4)(a)
F2: Words in reg. 6(3) substituted (15.6.2017) by The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions) Regulations 2017 (S.S.I. 2017/156), regs. 1, 6 (with reg. 8)
F3: Words in reg. 6(5) substituted (1.4.2012) by The Patient Rights (Complaints Procedure and Consequential Provisions) (Scotland) Regulations 2012 (S.S.I. 2012/36), reg. 1(1), sch. para. 4(4)(b)
F4: Words in reg. 6(7)(c) inserted (2.7.2010) by The National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/226), regs. 1(1), 2(6)(a)
F5: Words in reg. 6(7)(c) omitted (2.7.2010) by virtue of The National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2010 (S.S.I. 2010/226), regs. 1(1), 2(6)(b)

Commencement

I1: Reg. 6 in force at 1.7.2006, see reg. 1(1)