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4.—(1) Regulation 11 of the principal Regulations is amended as follows.
(2) After paragraph (2)(a) there is inserted—
“(aa)in the case of an appeal under regulation 10(1)(aa), to the practitioner, together with a copy of the complainant’s statement and any further statement provided pursuant to paragraph 1 of Schedule 4;”.
(3) In paragraph (4), for “paragraph (5)” there is substituted “paragraphs (5) and (5A)”.
(4) After paragraph (5) there is inserted—
“(5A) The Secretary of State shall determine an appeal under regulation 10(1)(aa) without an oral hearing.”.
(5) In paragraph (14), after “(4)” there is inserted “,(5A)”.
(6) After paragraph (14) there is inserted—
“(14A) Where, in the case of an appeal under regulation 10(1)(aa), the Secretary of State determines that there are reasonable grounds for believing that the practitioner has failed to comply with the terms of service specified in the determination, he shall refer the matter back to the FHSA, which shall continue the investigation as if it had been notified of those terms of service under paragraph 1(7) of Schedule 4 by the chairman of the appropriate committee, or as the case may be under paragraph 2(5B) by the appropriate committee itself, and there must be a hearing of the complaint.
(14B) Accordingly, paragraph 3(1) and (2) and paragraphs 4 to 10 of Schedule 4 shall apply in such a case with appropriate modifications.”.
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