The registrar may only refer an allegation1 where the person concerned is identifiable and the allegation is capable of being referred2. The registrar must not refer an allegation where:
(1) in the case of a fitness to practise allegation, the allegation is of a type stated in the threshold criteria which should not be referred3;
(2) more than five years have elapsed since the most recent events referred to in the allegation unless the registrar considers that it is necessary for the protection of the public, or otherwise in the public interest, for the allegation to be referred
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