The Health Professions Order 2001 (Transitional Provisions) Order of Council 2003

Fitness to practise

3.  Where at 9th July 2003 in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003 a preliminary investigation has begun but has not yet been concluded, it shall be concluded in accordance with section 8(1)(a) of the Act and any relevant rules made under the Act as if they remained in force, and—

(a)if it is determined that the allegation should be referred for consideration, the Council shall refer the allegation to the Investigating Committee or such other Practice Committee as it considers appropriate and it shall be dealt with in accordance with Part V and article 38 of the Order in the manner set out in article 2(2) above; or

(b)if it is determined that the allegation should not be so referred, the Council shall inform the respondent of that determination.