{
  "url": "https://openlegislation.uk/national-health-service-fund-holding-practices-scotland-regulations-1993/regulation-21",
  "json_url": "https://openlegislation.uk/national-health-service-fund-holding-practices-scotland-regulations-1993/regulation-21.json",
  "legislation": "uksi/1993/488",
  "legislation_title": "The National Health Service (Fund-Holding Practices) (Scotland) Regulations 1993",
  "legislation_url": "https://openlegislation.uk/national-health-service-fund-holding-practices-scotland-regulations-1993",
  "path": "regulation/21",
  "kind": "regulation",
  "number": "21",
  "heading": "Recovery of mis-applied amounts",
  "text": "(1) Where it appears to a Health Board that any part of an allotted sum has been applied by the members of a fund-holding practice (or any one or more of them) otherwise than in accordance with regulations 16, 17, 18, 19 or 20, it shall send to each member of the practice notice in writing informing them of the amount which it is alleged has been misapplied and the nature and circumstances of the alleged misapplication and that they may make representations to the Board concerning the matter, either orally or in writing.\n(2) Where the members of a fund-holding practice wish to make representations in writing, they shall do so within 2 months of the date on which the notice referred to in paragraph (1) was sent.\n(3) Where the members of the practice wish to make representations orally they shall, within 2 weeks of the date on which the notice referred to in paragraph (1) was sent, give notice to that effect to the Health Board and the Board shall, within 6 weeks of the date on which the members of the fund-holding practice sent notice under this paragraph, give them an opportunity of appearing before the Board or a committee, sub-committee, or officer of the Board appointed for the purpose.\n(4) Where the Health Board, having taken into account any representations made by the members of the fund-holding practice, is satisfied that any part of an allotted sum has been mis-applied as mentioned in paragraph (1), it shall—\n(a) send to each member of the practice a notice of its determination to that effect;\n(b) include in the notice a statement of the reasons for its decision; and\n(c) inform each member of the practice of the right to appeal to the Secretary of State.\n(5) The members of a fund-holding practice may appeal to the Secretary of State against the determination of a Health Board that any part of an allotted sum has been mis-applied as mentioned in paragraph 1(1).\n(6) Regulation 5(2) to (11) shall apply in relation to an appeal under paragraph 5 as if—\n(a) a reference to the members of the practice were a reference to the members of the fund-holding practice; and\n(b) a reference to a decision to grant a practice recognition were a reference to a decision that any part of the allotted sum had been mis-applied as mentioned in paragraph (1).\n(7) An amount equal to that part of the allotted sum which the Health Board or, on appeal, the Secretary of State has determined has been mis-applied as mentioned in paragraph (1) shall be recoverable by the Health Board as a debt.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "amended",
      "affecting": "uksi/1995/1571",
      "affecting_title": "The National Health Service (Fund-Holding Practices) (Scotland) Amendment Regulations 1995"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1993/488/regulation/21",
    "retrieved_at": "2026-10-29T14:03:33.737924+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}