The National Health Service (Fund-Holding Practices) (Scotland) Regulations 1997

Procedure for removal of recognition

13.—(1) Except as provided by regulation 14 where a relevant Health Board propose to remove recognition from the members of a fund-holding practice on the ground specified in regulation 12(2) the relevant Health Board 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 three 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 Board concerning the matter either orally or in writing.

(2) Representations in writing shall be sent to the relevant Health Board 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, give notice to that effect to the relevant Health Board who shall, within six weeks of the date on which the members of the fund-holding practice give notice under this paragraph, give them an opportunity of appearing before and being heard by that Board.

(4) If the relevant Health Board decide, having taken into account any representations made by the members of the fund-holding practice, to adopt the proposal, that Board shall within the period of four weeks from the expiry of the period of two months or, as the case may be, six weeks referred to in paragraphs (2) and (3) respectively send to each member of the fund-holding practice a notice in writing of its decision which shall include–

(a) a statement of the reasons for the decision;

(b) the date on which the removal of recognition takes effect;

(c) details of the right to appeal to the Secretary of State against the removal of recognition; and

(d) the consequences of removal of recognition.

(5) Where the relevant Health Board removes recognition from the members of a fund-holding practice in the circumstances specified in regulation 12(1), that Board shall send to each member of the practice a written notice of removal of recognition which shall include–

(a) a statement of the reasons for the removal of recognition;

(b) the date on which the removal of recognition has effect;

(c) details of the right of appeal to the Secretary of State against removal of recognition; and

(d) unless recognition has not taken effect in accordance with regulation 4(1)(a), the consequences of the removal of recognition.