6 Procedure on appeal
1 The Family Practitioner Services Independent Appeal Panel shall send a copy of the notice of appeal and of any further particulars furnished by the practitioner to the Department, and shall invite the Department to submit its observations on the appeal within 28 days of being sent the copy of the notice of appeal.
Words in reg. 6(1) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(2)(a) (with reg. 13)
Word in reg. 6(1) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(2)(b) (with reg. 13)
2 Where observations are made under paragraph (1), the Family Practitioner Services Independent Appeal Panel shall send a copy of those observations to the practitioner and shall invite them to submit their comments on the observations within 28 days of the practitioner being sent that copy.
Words in reg. 6(2) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(3) (with reg. 13)
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Reg. 6(3)-(8) omitted (1.4.2022) by virtue of The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(4) (with reg. 13)
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9 Unless the practitioner and the Department notify the Family Practitioner Services Independent Appeal Panel, when providing observations under paragraphs (1) and (2), that they are content for the Family Practitioner Services Independent Appeal Panel to determine the appeal on the basis of written representations, paragraphs (10) to (14) shall apply.
Word in reg. 6(9) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(5)(a) (with reg. 13)
Words in reg. 6(9) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(5)(b) (with reg. 13)
Words in reg. 6(9) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(5)(c) (with reg. 13)
10 The Family Practitioner Services Independent Appeal Panel shall appoint a day for the hearing and shall give the practitioner and the Department not less than 21 days’ notice in writing of the day, time and place of the hearing.
Words in reg. 6(10) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(6)(a) (with reg. 13)
Word in reg. 6(10) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(6)(b) (with reg. 13)
11 No person shall, without the consent of the practitioner and the Family Practitioner Services Independent Appeal Panel, be admitted to the hearing unless they are—
(a) the practitioner;
(b) a representative of the Department who is an officer or member of the Department;
Word in reg. 6(11) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(7)(b) (with reg. 13)
(c) a person (who may be a barrister, a solicitor or any other person) engaged by a person mentioned in sub-paragraph (a) or (b) to represent them before the Family Practitioner Services Independent Appeal Panel; or
(d) a person whose attendance is required for the purpose of giving evidence to the Family Practitioner Services Independent Appeal Panel.
Words in reg. 6(11) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(7)(a) (with reg. 13)
12 The practitioner and the Department shall not rely on any facts or contentions which do not appear to the Family Practitioner Services Independent Appeal Panel to have been raised in the course of the Department investigations unless—
(a) not less than seven days before the hearing, notice in writing was given to the Family Practitioner Services Independent Appeal Panel of such facts or contentions; or
(b) the Family Practitioner Services Independent Appeal Panel give their consent.
Word in reg. 6(12) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(8)(a) (with reg. 13)
Words in reg. 6(12) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(8)(b) (with reg. 13)
Word in reg. 6(12) substituted (1.4.2022) by virtue of The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(8)(a) (with reg. 13)
13 The Family Practitioner Services Independent Appeal Panel shall give notice in writing to the practitioner and the Department of its determination of the matters mentioned in regulation 5(3)(c), (d) or (4)(b) and shall include with the notice a statement of its reasons for the determination.
Words in reg. 6(13) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(9)(a) (with reg. 13)
Word in reg. 6(13) substituted (1.4.2022) by The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(9)(b) (with reg. 13)
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Reg. 6(14) omitted (1.4.2022) by virtue of The Health and Social Care (Family Practitioner Services Independent Appeal Panel) Regulations (Northern Ireland) 2022 (S.R. 2022/109), reg. 1, Sch. para. 28(10) (with reg. 13)
Reg. 6 in operation at 1.4.2016, see reg. 1(1)