Procedure on appealN.I.
This section has no associated Explanatory Memorandum
6.—(1) The [Family Practitioner Services Independent Appeal Panel] shall send a copy of the notice of appeal and of any further particulars furnished by the practitioner to the [Department], and shall invite the [Department] to submit its observations on the appeal within 28 days of being sent the copy of the notice of appeal.
(2) Where observations are made under paragraph (1), the [Family Practitioner Services Independent Appeal Panel] shall send a copy of those observations to the practitioner and shall invite them to submit their comments on the observations within 28 days of the practitioner being sent that copy.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) Unless the practitioner and the [Department] notify the [Family Practitioner Services Independent Appeal Panel], when providing observations under paragraphs (1) and (2), that they are content for the [Family Practitioner Services Independent Appeal Panel] to determine the appeal on the basis of written representations, paragraphs (10) to (14) shall apply.
(10) The [Family Practitioner Services Independent Appeal Panel] shall appoint a day for the hearing and shall give the practitioner and the [Department] not less than 21 days’ notice in writing of the day, time and place of the hearing.
(11) No person shall, without the consent of the practitioner and the [Family Practitioner Services Independent Appeal Panel], be admitted to the hearing unless they are—
(a)the practitioner;
(b)a representative of the [Department] who is an officer or member of the [Department];
(c)a person (who may be a barrister, a solicitor or any other person) engaged by a person mentioned in sub-paragraph (a) or (b) to represent them before the [Family Practitioner Services Independent Appeal Panel]; or
(d)a person whose attendance is required for the purpose of giving evidence to the [Family Practitioner Services Independent Appeal Panel].
(12) The practitioner and the [Department] shall not rely on any facts or contentions which do not appear to the [Family Practitioner Services Independent Appeal Panel] to have been raised in the course of the [Department] investigations unless—
(a)not less than seven days before the hearing, notice in writing was given to the [Family Practitioner Services Independent Appeal Panel] of such facts or contentions; or
(b)the [Family Practitioner Services Independent Appeal Panel] give their consent.
(13) The [Family Practitioner Services Independent Appeal Panel] shall give notice in writing to the practitioner and the [Department] of its determination of the matters mentioned in regulation 5(3)(c), (d) or (4)(b) and shall include with the notice a statement of its reasons for the determination.
(14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Commencement Information