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Regulation 14 Procedure for removal of recognition

Original text. Later amendments are not shown.

(1)

Except as provided by regulations 15 and 16, where a Regional Health Authority proposes to remove recognition from the members of a fund-holding practice on the ground specified in regulation 13(2), the Authority shall–

(a)

send to each member of the practice a notice 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 take 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)

Where the members of the practice wish to make representations in writing, representations shall be sent to the Regional Health Authority within the period of two months beginning with the date on which the notice referred to in paragraph (1) was sent.

(3)

Where the members of the practice wish to make representations orally they shall, within the period of two weeks beginning with the date on which the notice referred to in paragraph (1) was sent, give notice to that effect to the Regional Health Authority and the Authority shall, within the period of six weeks beginning with the date on which the members of the fund-holding practice gave 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)

Where the Regional Health Authority decide, having taken into account any representations made by the members of the fund-holding practice, to remove recognition, the Authority shall–

(a)

send to each member of the fund-holding practice a notice 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 is to take 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 13(1), the 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 takes 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), the consequences of the removal of recognition.