Health and Personal Social Services (Disciplinary Procedures) Regulations (Northern Ireland) 1996

Disciplinary matters in relation to deputies

2.—(1) Where a disciplinary matter which is investigated in relation to—

(a) a doctor, concerns the conduct of a deputy whose name is not included in the medical list;

(b) a dentist, concerns the conduct of a deputy whose name is not included in the dental list, or an assistant;

(c) a chemist, concerns the conduct of a pharmacist employed by him,

the appropriate Board shall send a notice in writing in accordance with sub-paragraph (2) to the deputy, assistant or employed pharmacist.

(2) A notice sent under sub-paragraph (1) shall—

(a) invite the recipient of the notice to send to the appropriate Board, within 28 days of that notice being sent to him, if he wishes to be treated as a party to the investigation, notwithstanding that no action may be taken in relation to him under regulation 8—

(i) written notification of his wish, and

(ii) his written comments on the disciplinary matter;

(b) include details of each provision of the terms of service identified pursuant to paragraph 1(2)(a) and—

(i) a copy of the appropriate Board’s statement of case, or

(ii) notification of the date by which the statement of case is due under paragraph 1(1)(b) or where, an extension has been granted, under paragraph 1(4);

(c) inform the recipient of the notice that copies of any comments or other documents he may submit in connection with the investigation will be sent to the practitioner and may be produced at any hearing.

(3) Where the recipient of a notice given under sub-paragraph (1) informs the appropriate Board that he wishes to be treated as a party to the investigation under sub-paragraph (2)(a)(i), and submits comments as in accordance with sub-paragraph (2)(a)(ii), he shall be treated for the purposes of this Schedule as if he were a practitioner in relation to whom the allegation, the subject of the disciplinary matter, is made, though no action may be taken in relation to him under regulation 8, and the following paragraphs of this Schedule (except paragraph 3(1)) shall apply to him accordingly.

(4) A disciplinary matter of the type mentioned in regulation 4(6)(a) or (b) shall be brought as soon as practicable before the disciplinary committee.