Tribunal Regulations (Northern Ireland) 2004

Recovery of amounts from practitioners

27.—(1) Where the Department receives a copy of the statement of the Tribunal pursuant to regulation 19(3) or regulation 23(2)(a) and –

(a) the statement of the Tribunal pursuant to regulation 19(3) contains a statement in accordance with regulation 19(1)(c),(d), (e) or (f); or

(b) the statement of the Tribunal pursuant to regulation 23(2)(a) contains a statement that –

(i) in the case of a conditional disqualification, the conditions are to be varied or the disqualification is to be unconditional pursuant to paragraph 5(2) or 5(5) of Schedule 11 to the Order;

(ii) there is to be any further disqualification, or conditional disqualification which the Tribunal considers appropriate pursuant to paragraph 5(2) or (5) of Schedule 11 to the Order; or

(iii) the Tribunal is making a declaration of unfitness pursuant to paragraph 5(6) of Schedule 11 to the Order,

and the Department is satisfied that the decision of the Tribunal was in consequence of the acts or omissions of a practitioner while that practitioner was included on a list, then the Department shall determine (in relation to every appropriate Board, if more than one) whether any, and if so, what amount shall be recovered from the practitioner by an appropriate Board, whether by way of deduction from the practitioner’s remuneration or otherwise.

(2) Before making a determination under paragraph (1) the Department shall notify the practitioner concerned that –

(a) the Department is considering making a determination under paragraph (1); and

(b) the practitioner concerned may make written representations on the matter by submitting them to the Department within 4 weeks from the date of receipt of the notification.

(3) The Department shall give notice of its determination under paragraph (1) to the practitioner and every appropriate Board and shall include with the notice a statement of reasons for its determination.

(4) Any amount which the Department determines under paragraph (1) shall be recovered from a practitioner by a Board shall be a debt owed by the practitioner to that Board.

(5) Where the Department has determined under paragraph (1) that, in respect of an appropriate Board, an amount shall be recovered from a practitioner, it shall direct that Board to recover that amount either by deduction from the practitioners remuneration or otherwise and the Board shall comply with that direction.

(6) In this regulation, “appropriate Board” is a Board in whose list the practitioner was included at the time of the acts or omissions in consequence of which the Tribunal decision was made.