# The National Health Service (Service Committees and Tribunal) Regulations 1992, Regulation 4: Provisions relating to the start of disciplinary proceedings

Extent: E+W

(1) Where an appropriate Health Authority or Primary Care Trust receives information which it considers could amount to an allegation that a practitioner has failed to comply with his 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 Authority or Primary Care Trust 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 local police authority.
(3) The appropriate Health Authority or Primary Care Trust shall not proceed under paragraph 2(a) in any case where the allegation and information on which it is based is the subject of a complaint which is being investigated.
(4) For the purposes of these Regulations an allegation remains the subject of a complaint which is being investigated until—
(a) the procedure for investigating the complaint is completed by the delivery of a report of the investigation to a Health Authority or Primary Care Trust by a panel appointed in accordance with directions given under section 17 of the Act; or
(b) the complaint is withdrawn or abandoned by the person bringing it.
(5) In these Regulations “appropriate Health Authority or Primary Care Trust” in relation to a practitioner is the Health Authority or Primary Care Trust—
(a) in whose ... ... ophthalmic or pharmaceutical list the name of the practitioner was included; or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
at the relevant time or, where the practitioner referred to in sub-paragraph (a) ... was at that time on more than one such list, the Health Authority or Primary Care Trust by arrangement with which the relevant services giving rise to the allegation were provided.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Where a Health Authority or Primary Care Trust considers that a payment has been made to a practitioner which was not due and the practitioner does not admit that overpayment, the Health Authority or Primary Care Trust may refer the overpayment under regulation 5(1).
(8) In this regulation “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/uksi/1992/664/regulation/4 (the official version)
Page: https://openlegislation.uk/national-health-service-service-committees-and-tribunal-regulations-1992/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.