The General Medical Services Transitional and Consequential Provisions (No. 2) (Northern Ireland) Order 2004

Cases where no decision has been made before the relevant date as to whether disciplinary action should be taken (regulation 4 of the Disciplinary Procedures Regulations)

75.—(1) Where, before the relevant date, or on or after the relevant date in respect of a matter that occurred before the relevant date, a Board receives, or has received information that could amount to an allegation that a doctor had failed to comply with his terms of service and –

(a) that Board, or its reference committee (as the case may be), has not taken a final decision pursuant to regulation 4(1) before the relevant date as to whether it will take no action or take one or both of the courses of action set out in regulation 4(2); and

(b) any time limit specified in regulation 6 has not expired,

paragraph (2) shall apply.

(2) Where this paragraph applies, the Board shall –

(a) if it is the appropriate Board, continue to be the appropriate Board for the purposes of the Disciplinary Procedures Regulations, and consider and take such action as it sees fit pursuant to the Disciplinary Procedures Regulations, subject to Article 74, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; or

(b) if it is not the appropriate Board, forward the information to that Board as soon as is reasonably practicable, and that Board shall consider the information received and take such action as it sees fit pursuant to the Disciplinary Procedures Regulations, subject to the time limits specified in the Disciplinary Procedures Regulations, and Article 74, as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect.

(3) If the appropriate Board, or its reference committee, decides, pursuant to paragraph (2)(a) or (b), to refer the matter to the discipline committee of another Board (B) in accordance with regulation 4(2)(a) or (7) –

(a) that Board (B) shall investigate the matter and report to the appropriate Board as if the amendments to regulations 2 to 8 and Schedules 2 and 4 had not taken effect; and

(b) the appropriate Board shall be entitled, subject to Article 74, to take any action it could have taken pursuant to the Disciplinary Procedures Regulations as if those amendments had not taken effect.