A DOCTOR who was struck off the medical register last month for falsifying patient records has appealed against the decision -- and will be allowed to carry on practising.

Dr Shiv Dey, who is on leave from his surgery in Burnley Road, Colne, was struck off by the General Medical Council after charging for tests on patients which were not carried out and inventing entries in patients' medical records to justify his claims.

He pleaded guilty to 14 fraud charges at Burnley Crown Court last October and was fined £1,400 with £5,000 costs.

The GMC ruled his actions had put his patients at risk at a hearing last month but Dr Dey was given 28 days to lodge an appeal against the decision.

He was allowed to continue practising during that period and now that an appeal has been lodged, these privileges still apply.

A spokeswoman for the General Medical Council said: "We were informed yesterday that Dr Dey has decided to appeal, so he is permitted to work as a doctor, if he can secure employment, until the appeal is settled."

Dr Dey will now appear before a committee of the Privy Council, a body of law lords. A spokesman for the judicial committee of the Privy Council said: "We have received notification that Dr Dey is appealing. The preparation of proceedings by the General Medical Council will take up to two months and then there will be the preparation of written arrangements and securing a hearing date."

Although Dr Dey can theoretically practise, the East Lancashire Health Authority has yet to make a decision on whether it will allow him to be on their register. Judith Roberts, spokesperson for the health authority, said: "The situation at the moment is that the health authority is going to contact the General Medical Council to seek clarification about Dr Dey's position pending his appeal.

"What the GMC will decide we will have to wait and find out so we can't make a decision until we know that."

A Health Authority investigation revealed the extent of Dr Dey's cash fiddling and following a police investigation he was arrested in March 1999.

He was charged with 41 offences of furnishing false information between March 31, 1998 and July 1, 1998, as well as two of obtaining money by deception between December '97 and January '98 and between June '98 and July '99. The GP, who blamed work pressures for his actions, pleaded guilty to only 14 of the charges and the remainder were left on file. Dr Dey was unavailable to comment on the appeal.