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Regulation 11 Procedure for removal of recognition

Original text. Later amendments are not shown.

(1)

Except as provided by regulations 12 and 13, where a relevant Regional Health Authority proposes to remove recognition from the members of a fund-holding practice on the ground specified in regulation 10(2), the Authority shall—

(a)

send to each member of the practice a notice in writing specifying—

(i)

the reason for the proposal, and

(ii)

the date, which shall be at least 3 months from the date on which the notice is sent, on which the removal of recognition is proposed to have effect; and

(b)

inform the members of the practice that they may, subject to paragraphs (2) and (3), make representations to the Authority concerning the matter either orally or in writing.

(2)

Representations in writing shall be sent to the relevant Regional Health Authority within two months of the date on which the notice referred to in paragraph (1) is sent.

(3)

Where the members of the practice wish to make representations orally they shall, within two weeks of the date on which the notice referred to in paragraph (1) is sent, send notice to that effect to the relevant Regional Health Authority and the Authority shall, within six weeks of the date on which the members of the fund-holding practice send notice under this paragraph, give them an opportunity of appearing before and being heard by the Authority or a committee, sub-committee or officer of the Authority appointed for the purpose.

(4)

If the relevant Regional Health Authority decide, having taken into account any representations made by the members of the fund-holding practice, to adopt the proposal, the Authority shall—

(a)

send to each member of the fund-holding practice a notice in writing of its decision;

(b)

include in the notice—

(i)

a statement of the reasons for the decision, and

(ii)

the date on which the removal of recognition takes effect; and

(c)

inform each member of the practice of—

(i)

the right to appeal to the Secretary of State against the removal of recognition, and

(ii)

the consequences of removal of recognition.

(5)

In the circumstances specified in regulation 10(1), the relevant Regional Health Authority shall—

(a)

send to each member of the practice notice of removal of recognition;

(b)

include in the notice a statement of the reasons for the removal of recognition and that the removal has effect from the 1st April following the sending of the notice; and

(c)

inform each member of the practice of—

(i)

the right to appeal to the Secretary of State against the removal of recognition, and

(ii)

except where recognition has not taken effect in accordance with regulation 5(2) of the Application Regulations, the consequences of the removal of recognition.