The National Health Service (Service Committees and Tribunal) Regulations 1992

[F1 [F2 Recovery of amounts from practitioners following appeal E+W

11.— (1) Where—

(a) in the case of an appeal under regulation 9(1)(a), the Secretary of State determines that a practitioner has failed to comply with one or more of his terms of service; or

(b) an appeal is made under regulation 9(1)(b) or (c),

the Secretary of State shall, subject to the following provisions of this regulation, determine whether any, and if so what, amount shall be recovered from the practitioner, whether by way of deduction from his remuneration or otherwise.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State shall give notice in writing of his determination under paragraph (1) to the practitioner and the appropriate Health Authority [F4 or Primary Care Trust], and shall include with the notice a statement of the reasons for his determination.

(6) Where the Secretary of State has determined under paragraph (1) that an amount shall be recovered from a practitioner, he shall direct the appropriate Health Authority [F4 or Primary Care Trust] to recover that amount either by deduction from the practitioner’s remuneration or otherwise and, subject to regulation 8(8) (as modified by paragraph (7) of this regulation), that Health Authority [F4 or Primary Care Trust] shall comply with that direction.

(7) For the purposes of paragraph (6) regulation 8(8) shall have effect as if for the words “an appropriate Health Authority [F4 or Primary Care Trust] determines under this regulation that action should taken in accordance with any of the provisions of [F5 paragraph] (5)(a) F6 ... or (c) that action shall be taken” there were substituted the words “the Secretary of State determines under regulation 11(1) that an amount should be recovered that amount shall be recovered”.

F3 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Any sum which falls by virtue of paragraph (6) to be recovered by an Health Authority [F4 or Primary Care Trust] shall, to the extent that it is not recovered by deduction from the practitioner’s remuneration, be a debt owed by the practitioner to that Health Authority [F4 or Primary Care Trust].]]

Textual Amendments

F1 Regulations revoked (E.) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), reg. 1, Sch. 8 para. 1(1)(a)

F2 Regs. 3-13 substituted for regs. 3-14 (1.4.1996) by The National Health Service (Service Committees and Tribunal) Amendment Regulations 1996 (S.I. 1996/703), regs. 1, 4 (with reg. 15)

F3 Reg. 11(2)(3)(4)(8) omitted (E.) (1.4.2006) by virtue of The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 (S.I. 2006/562), art. 1(1), Sch. 1 para. 3(10)(a) (with arts. 31-37); and omitted (W.) (1.4.2006) by virtue of The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006 (S.I. 2006/946), art. 1(1), Sch. 1 para. 2(10)(a) (with arts. 31-37)

F4 Words in reg. 11 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), regs. 1, 8, Sch. 5 (with Sch. 12 Pts. 1, 2)

F5 Word in reg. 11(7) substituted (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), art. 1(1), Sch. 1 para. 10(i)(iii) (with arts. 94-104); and substituted (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 1(1), Sch. 1 para. 10(1)(i)(iii) (with arts. 71, 72, 75(1)–(3))

F6 Word in reg. 11(7) omitted (E.) (1.4.2006) by virtue of The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 (S.I. 2006/562), art. 1(1), Sch. 1 para. 3(10)(b) (with arts. 31-37); and omitted (W.) (1.4.2006) by virtue of The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006 (S.I. 2006/946), art. 1(1), Sch. 1 para. 2(10)(b) (with arts. 31-37)