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

Type Statutory-Instrument

Publication 1992-03-02

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) where in an appeal by a dentist against a decision of the Practice Board concerning fees, the Practice Board certifies in its statement that it authorised those fees and that they were fees or maximum fees prescribed by Determination I of the Statement of Dental Remuneration published by the Secretary of State under regulation 26 of the General Dental Services Regulations (statement of dental remuneration) for the services provided or to be provided, the Health Board shall dismiss the appeal forthwith unless they are of the opinion that it involves a dispute as to the item or sub-item of treatment in that Determination applicable to those services;

(c) except where an appeal is dismissed or referred in accordance with the preceding provisions of this paragraph, the Health Board shall, within 4 weeks from the date of receipt of the Practice Board’s statement, appoint—

(i) where the appeal is made under paragraph (2)(b)(ii), 3 dentists;

(ii) in an appeal under paragraph (2)(a) or (b)(i), 2 dentists,

as referees to determine the appeal, one of whom they shall select from a panel of dental practitioners who are or have been engaged in the provision of general dental services and who is nominated by the area dental committee, failing which the area dental committee for the area of another Health Board.

(8) Where, after considering the notice of appeal and the statement of the Practice Board, the Health Board are of the opinion that the notice of appeal discloses no reasonable grounds of appeal or that the appeal is otherwise trivial or vexatious, the Health Board shall—

(a) consult with the area dental committee; and

(b) following such consultation, either—

(i) determine the appeal by dismissing it forthwith; or

(ii) if the Health Board consider it desirable to do so, appoint referees in terms of paragraph (7)(c) to determine the appeal.

(9) Where the Health Board dismiss an appeal pursuant to paragraph (7) or (8), they shall—

(a) inform the parties of their decision by sending them a copy of it together with their reasons for it; and

(b) in the case of a dismissal under paragraph (7)(b), send to the appellant a copy of the Practice Board’s statement.

(10) Where an appeal is referred to the Secretary of State pursuant to paragraph (7)(a), the Secretary of State shall—

(a) determine the appeal in such manner as he thinks fit; and

(b) as soon as may be practicable after he has determined the appeal, which shall be final and conclusive, inform the parties and the Health Board of his decision by sending them a copy of it together with his reasons for it.

(11) Where, pursuant to paragraph (7)(c), the Health Board appoint referees to determine the appeal, the Health Board shall—

(a) at least 2 weeks before the hearing (or within such shorter period as the parties may agree), give written notice to the parties of the date, time and place of the hearing and of the names of the referees;

(b) at least 7 days before the hearing (or within such shorter period as the parties may agree), provide—

(i) the referees and the appellant with a copy of the Practice Board’s statement; and

(ii) the referees and the Practice Board with a copy of the notice of appeal.

(12) Where the parties to an appeal, to whom notice of a hearing has been sent pursuant to paragraph (11), notify the Health Board in writing prior to the date of the hearing, that they do not intend to make oral representations at a hearing—

(a) the Health Board shall inform the referees forthwith; and

(b) the referees shall thereafter determine the appeal without holding a hearing.

(13) Subject to paragraph (14), if in the course of a hearing a party introduces any issue which in the opinion of the referees was not sufficiently disclosed in the notice of appeal by the appellant or statement by the Practice Board, the referees may as they think fit admit such issue.

(14) Where the referees intend to admit an issue pursuant to paragraph (13), the hearing shall be adjourned for such period as the referees consider necessary unless the other party requests that the hearing should proceed and the referees agree to do so.

(15) As soon as may be practicable after—

(a) receiving notification under paragraph (12) that a hearing is not necessary; or

(b) a hearing has been held,

the referees shall determine the appeal and notify the Health Board in writing of their decision, which shall be final and conclusive, and their reasons for it.

(16) After the Health Board receive notice of the referees' decision pursuant to paragraph (15), they shall, within 2 weeks from the date of receipt of that notice, send a copy of it to each of the parties.

PART III — INQUIRIES BY, AND APPEALS FROM, THE TRIBUNAL

Interpretation and forms

21

(1) In this Part of these Regulations, unless the context otherwise requires—

“application” means an application made to the Tribunal or the Secretary of State by a professional person for a direction under section 30 of the Act that he should no longer be disqualified for inclusion in any list to which a direction under section 29 of the Act relates and which remains in effect in his case, and “applicant” shall be construed accordingly;

“complainer” means a Health Board or any other person who makes a representation to the Tribunal;

“document” includes, in addition to a document in writing— any map, plan, graph or drawing; any photograph; any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and any film (including any microfilm), negative, tape or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;

“inquiry” means an inquiry held in accordance with the provisions of this Part of these Regulations;

“representation” means a representation made to the Tribunal that the continued inclu sion of any professional person in any list of professional persons applicable to him would be prejudicial to the efficiency of the services in question;

“respondent” means— in the case of a representation, any professional person in respect of whom a representation is made; and in the case of an application, the complainer in respect of whose representation the direction to which the application relates was made.

(2) The forms set out in Schedule 4, or forms substantially to the like effect, shall be used in all cases to which those forms are applicable by virtue of the provisions of this Part of these Regulations and a reference to a numbered form is a reference to the form of that number set out in Schedule 4.

Term of office of members of the Tribunal

22

The chairman of the Tribunal shall hold office during the pleasure of the Lord President of the Court of Session and the other members shall hold office during the pleasure of the Secretary of State.

Officers of the Tribunal

23

The chairman of the Tribunal shall appoint a person approved by the Secretary of State to act as clerk to the Tribunal and shall also appoint such other officers of the Tribunal as may be necessary.

Submission of a representation

24

(1) Subject to paragraph (2), a representation shall—

(a) be made in terms of Form 1 and shall—

(i) contain a concise statement of the alleged facts and grounds upon which the complainer intends to rely;

(ii) be signed by the complainer or on his behalf by some person authorised by him;

(b) be accompanied by 2 copies of each document which the complainer proposes to put in evidence;

(2) If a document which the complainer proposes to put in evidence is of a nature which renders it difficult to make or obtain a copy of it, the complainer shall not be required to submit copies of it.

Power to require verification of representation

25

The Tribunal may, if they think fit, require a complainer—

(a) to furnish such further particulars relating to the facts and grounds upon which a representation is made as they may think necessary; and

(b) where a fact is not within the personal knowledge of the complainer, to state the source of his information and the grounds for his belief in its truth; and

Power of the Tribunal to refuse an inquiry

26

If it appears to the Tribunal, after due consideration of a representation by any complainer other than a Health Board, that no good cause has been shown why an inquiry should be held, they may refuse to hold an inquiry and shall inform the complainer accordingly.

Notices to be sent to respondent and any other Health Board in case of an inquiry

27

(1) The Tribunal shall, unless it refuses to hold an inquiry in terms of regulation 26, send to the respondent—

(a) a notice in terms of Form 2 informing him that a representation has been made in respect of him and that he may, within 4 weeks from the date of receipt of the notice, submit to the clerk to the Tribunal a written statement-in-answer in accordance with regulation 29(1);

(b) 1 copy of the representation made by the complainer and of each document, if any, which accompanied it.

(2) The clerk to the Tribunal shall, unless the Tribunal refuse to hold an inquiry in terms of regulation 26, send to each Health Board, not being the complainer but in whose list of professional persons the name of the respondent is included, at the same time as he sends a notice to the respondent in terms of paragraph (1)—

(a) a notice in terms of Form 3 informing them that a representation has been made in respect of the respondent and that they may, within 4 weeks from the date of receipt of the notice, submit to the clerk to the Tribunal a written statement in accordance with regulation 29(2);

(b) 1 copy of the representation made by the complainer and of each document, if any, which accompanied it.

(3) The Tribunal may, if they think fit, accept—

(a) a statement-in-answer by the respondent; or

(b) a statement by any other Health Board concerned,

after the period within which it is required to be submitted in terms of paragraph (1)(a) or (2)(a).

Amendment of representation

28

The Tribunal may, at any time before the conclusion of any inquiry, allow a complainer to amend the terms of his representation upon such conditions as they may think fit.

Submission of statement-in-answer or other statement and supporting documents

29

(1) Where, pursuant to regulation 27(1), a respondent submits a statement-in-answer, he shall send to the clerk to the Tribunal with the statement-in-answer 2 copies of each document which he proposes to put in evidence.

(2) Where, pursuant to regulation 27(2), any other Health Board concerned submits a statement, they shall send to the clerk to the Tribunal with the statement 2 copies of each document which they propose to put in evidence.

(3) As soon as may be practicable following receipt of—

(a) statement-in-answer and copies of documents in terms of paragraph (1); and

(b) where applicable, a statement by any other Health Board concerned and copies of documents in terms of paragraph (2),

the clerk to the Tribunal shall send to the complainer a copy of each of any such statement or document.

(4) Where, pursuant to regulation 27(2), any other Health Board concerned has submitted a statement, the clerk to the Tribunal shall also send to the respondent and each of the other such Health Boards, if any, a copy of the statement submitted by that Health Board together with a copy of each of the documents, if any, which accompanied it.

Notice of inquiry

30

After the expiry of the period within which a respondent may submit a statement-in-answer pursuant to regulation 27(1) or any other Health Board concerned may submit a statement pursuant to regulation 27(2), the clerk to the Tribunal shall—

(a) fix a date and time at which an inquiry shall commence and the place where it will be held; and

(b) not less than 2 weeks before the date fixed for the inquiry to commence, send a notice in terms of Form 4 containing that information to -

(i) the complainer;

(ii) the respondent; and

(iii) any other Health Board to whom a notice in terms of Form 3 has been sent pursuant to regulation 27(2).

Power to postpone inquiry

31

The Tribunal may, if they think fit, or on the application of the complainer or respondent, postpone the date fixed for the holding of an inquiry.

Power to treat representation as withdrawn in certain cases

32

If the complainer fails—

(a) without showing good cause, to appear in person or by a representative at any inquiry of which he was sent due notice under regulation 30; or

(b) to comply with any other requirement of this Part of these Regulations,

the Tribunal may treat the representation as having been withdrawn.

Withdrawal of representation

33

(1) The complainer may at any time before the inquiry commences, with the consent of the Tribunal and on such terms as they think fit, withdraw the representation by giving notice of withdrawal in writing to the clerk to the Tribunal.

(2) Where before the inquiry is concluded the respondent dies, the representation shall be treated by the Tribunal as having been withdrawn with immediate effect.

(3) Where the representation has been withdrawn, or is treated by the Tribunal as having been withdrawn, the Tribunal shall forthwith inform—

(a) in the case of a withdrawal in terms of regulation 32 or 33(1), the respondent; or

(b) in the case of a withdrawal in terms of paragraph (2), the personal representative of the respondent.

Representation and evidence at inquiry

34

(1) At any inquiry—

(a) a Health Board shall be entitled to be represented by their General Manager, or by counsel or solicitor; and

(b) the complainer (not being a Health Board) and the respondent shall be entitled to attend and take part in the proceedings in question or be represented by any one of the following persons:—

(i) counsel;

(ii) a solicitor;

(iii) an officer or member of any organisation of which he is a member;

(iv) a member of his family;

(v) a friend.

(2) The complainer and the respondent or their representatives shall be entitled at an inquiry to produce evidence and to call witnesses to whom questions may be put by or on behalf of any party.

Procedure at inquiry

35

(1) The proceedings at an inquiry shall be held in private unless the respondent has applied in writing to the clerk to the Tribunal for the inquiry to be held in public.

(2) Subject to the provisions of this Part of these Regulations, the procedure at an inquiry shall be within the discretion of the Tribunal.

(3) The Tribunal may adjourn from time to time as they think fit and hold adjourned sittings at such time and place as may appear to them to be suitable.

(4) The Tribunal may if they think fit call for such documents and examine such witnesses as appear to them likely to afford evidence relevant and material to the issue, although not tendered by either party.

(5) A Health Board to whom notices in terms of Forms 3 and 4 are sent pursuant to regulations 27(2) and 30 shall be entitled to take such part in the proceedings of the inquiry as the Tribunal shall think proper.

Provisions as to inquiry

36

The provisions of Schedule 2 shall have effect with regard to an inquiry under this Part of these Regulations as they have in relation to appeal hearings held pursuant to regulation 13 as if—

(a) references to “appeal” and to “hearing” were references to such an inquiry;

(b) references to the Reporters were references to the chairman of the Tribunal; and

Power to dispense with oral inquiry

37

Notwithstanding anything in this Part of these Regulations, where—

(a) the grounds on which a representation is based consist solely of an allegation that the respondent has been convicted of a criminal offence; and

(b) the respondent admits the truth of such allegation,

the Tribunal may, with the consent of the respondent, dispense with an oral inquiry and determine the representation upon such documentary evidence as may be submitted to them.

Statement by the Tribunal

38

(1) As soon as may be practicable after the conclusion of an inquiry in relation to a representation, the Tribunal shall prepare a statement under the hand of the chairman stating—

(a) their findings of fact;

(b) the conclusions which they have reached; and

(c) where they are of the opinion that the continued inclusion of the respondent in any list to which the representation relates would be prejudicial to the efficiency of the services in question, such directions as they make under section 29(3) of the Act.

(2) The clerk to the Tribunal shall—

(a) send a copy of the statement prepared pursuant to paragraph (1) to—

(i) the Secretary of State;

(ii) the complainer; and

(iii) the respondent;

(b) inform the respondent of his right of appeal to the Secretary of State under section 29(4) of the Act.

(3) Except for a Health Board to whom a copy of the statement has been sent pursuant to paragraph (2), the Secretary of State shall send a copy of the statement to such Health Boards as appear to him concerned.

Appeal to Secretary of State

39

(1) An appeal may be made to the Secretary of State by the respondent in an inquiry in relation to a representation against any direction which the Tribunal has made under section 29(3) of the Act following the inquiry by sending notice of appeal in writing to him within a period of 4 weeks beginning on the day after the date on which a copy of the statement of the Tribunal was sent pursuant to regulation 38(2), or such further period as the Secretary of State may allow.

(2) A notice of appeal by a respondent under this regulation shall contain a concise statement of the facts and contentions upon which he intends to rely.

(3) As soon as may be practicable after receipt of a notice of appeal sent pursuant to paragraph (1), the Secretary of State shall send a copy of it to—

(a) the complainer;

(b) such Health Boards as appear to him concerned.

Procedure on appeal

40

(1) The following provisions of this regulation shall apply to an appeal made by a respondent (in this regulation being referred to as “the appellant”) pursuant to regulation 39.

(2) As soon as may be practicable after receipt of a notice of appeal, the Secretary of State shall appoint—

(a) 1 person to hear the appeal; and

(b) another person to assist the person hearing the appeal which other person shall be—

(i) where the appellant is a doctor, a doctor selected from the panel of doctors referred to in regulation 15(6);

(ii) where the appellant is a dentist, a dentist selected from the panel of dentists referred to in regulation 15(10);

(iii) where the appellant is an ophthalmic medical practitioner or an optician, a person belonging to the same category of professional person as the appellant; or

(iv) where the appellant is a pharmacist, a pharmacist.

(3) The Secretary of State shall—

(a) fix a date and time at which the hearing shall commence and the place where it will be held; and

(b) not less than 2 weeks before the date fixed for the hearing to commence, send a notice containing that information to—

(i) the appellant;

(ii) the complainer; and

(iii) any other Health Board as appear to him concerned.

(4) The provisions of regulations 31 (power to postpone inquiry), 34 (representation and evidence at inquiry) and 35 (procedure at inquiry) shall have effect with respect to the hearing of an appeal as they apply to an inquiry held in relation to a representation as if—

(a) in regulation 31—

(i) the reference to the Tribunal were a reference to the Secretary of State; and

(ii) the word “respondent” read “appellant”;

(b) in regulation 34(1)(b) and (2), the word “respondent” read “appellant”;

(i) in paragraph (1) the word “respondent” read “appellant”;

(ii) references to the Tribunal or the clerk to the Tribunal were references to the person hearing the appeal; and

(iii) in paragraph (5) for the words “notices in terms of Forms 3 and 4 are sent pursuant to regulations 27(2) and 30” there were substituted the words “notice is sent pursuant to regulation 40(3)”.

(5) The provisions of Schedule 2 shall have effect with regard to an appeal to which this regulation applies as they have in relation to appeal hearings held pursuant to regulation 13 as if—

(a) references to “appeal” and to “hearings” were references to an appeal to which this regulation applies;

(b) references to the Reporters were references to the person hearing the appeal; and

(6) As soon as may be practicable after a hearing of an appeal has been held, the person hearing the appeal shall make a report to the Secretary of State.

(7) Before determining an appeal in which the appellant is a doctor or a dentist, the Secretary of State shall—

(a) refer the report submitted to him pursuant to paragraph (6)—

(i) in the case of a doctor, to the medical advisory committee constituted under regulation 15(6);

(ii) in the case of a dentist, to the dental advisory committee constituted under regulation 15(10); and

(b) invite any such committee to make recommendations in relation to the report.

(8) After due consideration of a report submitted to him pursuant to paragraph (6) and, where applicable, any recommendation made pursuant to paragraph (7), the Secretary of State shall determine the appeal and send notice of that determination to—

(a) the appellant;

(b) the Tribunal;

(d) such Health Boards as appear to him concerned.

(9) If the appellant fails, without showing good cause, to appear in person or by a represent ative at the hearing of an appeal of which he was sent due notice under this regulation, the Secretary of State may determine the appeal without a hearing.

(10) An appellant may at any time before the hearing of his appeal commences withdraw the appeal by giving notice of withdrawal in writing to the Secretary of State.

Procedure in regard to application to the Tribunal for removal of disqualification

41

(1) Subject to paragraph (2), an application to the Tribunal shall—

(a) be made in terms of Form 5 and shall—

(i) contain a concise statement of the alleged facts and grounds upon which the applicant intends to rely;

(ii) be signed by the applicant or on his behalf by some person authorised by him;

(b) be accompanied by 2 copies of each document which the applicant proposes to put in evidence;

(2) If a document which the applicant proposes to put in evidence is of a nature which renders it difficult to make or obtain a copy of it, the applicant shall not be required to submit copies of it.

(3) If it appears to the Tribunal, after due consideration of an application, that no good cause has been shown why an inquiry should be held, they may refuse to hold an inquiry and shall inform the applicant accordingly.

(4) Where the Tribunal consider that an inquiry should be held, the clerk to the Tribunal shall send to the respondent and to any Health Board (not being the respondent) which was represented at the inquiry following which a direction was made in respect of the applicant under section 29(3) of the Act—

(a) a notice in terms of Form 6 informing him or them that an application has been made by the applicant and that the Tribunal consider that an inquiry should be held; and

(b) 1 copy of the application and of each document, if any, which accompanied it.

(5) As soon as may be practicable after sending a copy of the application in terms of paragraph (4), the clerk to the Tribunal shall—

(a) fix a date and time at which an inquiry shall commence and the place where it will be held; and

(b) not less than 2 weeks before the date fixed for the inquiry to commence, send to—

(i) the applicant;

(ii) the respondent; and

(iii) any Health Board to whom a notice in terms of Form 6 has been sent pursuant to paragraph (4),

a notice in terms of Form 7 containing the information referred to in subparagraph (a) and informing them that they may attend and take such part in the proceedings at the inquiry as the Tribunal may think proper.

(6) An applicant may at any time before the inquiry commences, with the consent of the Tribunal and on such terms as they think fit, withdraw his application by giving notice of withdrawal in writing to the clerk to the Tribunal.

(7) The provisions of regulations 31 (power to postpone inquiry), 34 (representation and evidence at inquiry), 35 (procedure at inquiry), 36 (provisions as to inquiry) and 38 (statement by the Tribunal) shall have effect with respect to an inquiry held in relation to an application as they apply to an inquiry held in relation to a representation as if—

(a) in regulation 31 the word “complainer” read “applicant”;

(b) in regulation 34—

(i) in paragraph (1)(b), the words from “complainer” to “respondent” read “applicant and the respondent (not being a Health Board)”; and

(ii) in paragraph (2), the word “complainer” read “applicant”;

(i) in paragraph (1) the word “respondent” read “applicant”; and

(ii) in paragraph (5) for the words “notices in terms of Forms 3 and 4 are sent pursuant to regulations 27(2) and 30” there were substituted the words “notice is sent pursuant to regulation 41(4)”;

(d) in regulation 38—

(i) in paragraph (1), the words “a representation” read “an application”;

(ii) in paragraph (1)(c), for the words after “opinion” there were substituted the words “that the disqualification of the applicant for inclusion in any list to which a direction under section 29(3) of the Act relates should be removed, a direction under section 30 of the Act to that effect”;

(iii) in paragraph (2)(a)(ii), the word “complainer” read “applicant”; and

(iv) paragraph (2)(b) were deleted.

Procedure in regard to application to the Secretary of state for removal of disqualification

42

(1) Subject to paragraph (2), an application to the Secretary of State shall—

(a) be made in terms of Form 8 and shall—

(i) contain a concise statement of the alleged facts and grounds upon which the applicant intends to rely;

(ii) be signed by the applicant or on his behalf by some person authorised by him;

(b) be accompanied by 2 copies of each document which the applicant proposes to put in evidence;

(2) If a document which the applicant proposes to put in evidence is of a nature which renders it difficult to make or obtain a copy of it, the applicant shall not be required to submit copies of it.

(3) If it appears to the Secretary of State, after due consideration of an application, that no good cause has been shown why an inquiry should be held, he may refuse to hold an inquiry and shall inform the applicant accordingly.

(4) Where the Secretary of State considers that an inquiry should be held, he shall send to the respondent and to any Health Board (not being the respondent) which was represented at the inquiry following which a direction was made in respect of the applicant under section 29(3) of the Act—

(a) a notice in terms of Form 9 informing him or them that an application has been made by the applicant and that the Secretary of State considers that an inquiry should be held; and

(b) 1 copy of the application and of each document, if any, which accompanied it.

(5) Where the Secretary of State considers that an inquiry should be held, he shall appoint—

(a) 1 person to hold the inquiry in relation to the application;

(b) another person to assist the person holding the inquiry which other person shall be—

(i) where the applicant is a doctor, a doctor selected from the panel of doctors referred to in regulation 15(6);

(ii) where the applicant is a dentist, a dentist selected from the panel of dentists referred to in regulation 15(10);

(iii) where the applicant is an ophthalmic medical practitioner or an optician, a person belonging to the same category of professional person as the applicant; or

(iv) where the applicant is a pharmacist, a pharmacist.

(6) As soon as may be practicable after sending a copy of the application in terms of paragraph (4), the Secretary of State shall—

(a) fix a date and time at which an inquiry shall commence and the place where it will be held; and

(b) not less than 2 weeks before the date fixed for the inquiry to commence, send to—

(i) the applicant;

(ii) the respondent; and

(iii) any Health Board to whom a notice in terms of Form 9 has been sent pursuant to paragraph (4),

a notice in terms of Form 10 containing the information referred to in sub-paragraph (a) and informing them that they may attend and take such part in the proceedings at the inquiry as the person holding the inquiry may think proper.

(7) An applicant may at any time before the inquiry commences, with the consent of the Secretary of State and on such terms as he thinks fit, withdraw his application by giving notice of withdrawal in writing to the Secretary of State.

(8) The provisions of regulations 31 (power to postpone inquiry), 34 (representation and evidence at inquiry) and 35 (procedure at inquiry) shall have effect with respect to the holding of an inquiry in relation to an application as they apply to an inquiry held in relation to a representation as if—

(a) in regulation 31—

(i) the reference to the Tribunal were a reference to the Secretary of State; and

(ii) the word “complainer” read “applicant”;

(b) in regulation 34—

(i) in paragraph (1)(b), the words from “complainer” to “respondent” read “applicant and the respondent (not being a Health Board)”; and

(ii) in paragraph (2) the word “complainer” read “applicant”;

(i) in paragraph (1), the word “respondent” read “applicant”;

(ii) in paragraph (5) for the words “notices in terms of Forms 3 and 4 are sent pursuant to regulations 27(2) and 30” there were substituted the words “notice is sent pursuant to regulation 42(4)”; and

(iii) references to the Tribunal or the clerk to the Tribunal were references to the person holding the inquiry.

(9) The provisions of Schedule 2 shall have effect with regard to an inquiry to which this regulation applies as they have in relation to appeal hearings held pursuant to regulation 13 as if—

(a) references to “appeal” and to “hearings” were references to an inquiry to which this regulation applies;

(b) references to the reporters were references to the person holding the inquiry; and

(10) The provisions of regulation 40(6) and (8) shall have effect with respect to an inquiry to which this regulation applies as they apply to an appeal to which regulation 40 applies as if—

(a) in regulation 40(6) the word “appeal” read “inquiry”;

(b) in regulation 40(8)—

(i) for the words from “pursuant to paragraph (6)” to “pursuant to paragraph (7)” there were substituted the words “by the person holding the inquiry”;

(ii) the word “appeal” read “application”;

(iii) the word “appellant” read “applicant”; and

(iv) the word “complainer” read “respondent”.

Publication of decisions of the Tribunal and the Secretary of State

43

The Secretary of State shall publish in such manner as he thinks fit notice of—

(a) any decision of the Tribunal or by him in relation to an inquiry or an appeal under this Part of these Regulations; and

(b) the imposition of any disqualification pursuant to section 31 of the Act or of the removal of such disqualification.

PART IV — MISCELLANEOUS

Service of notices, etc.

44

(1) Any notice or document which is required or authorised by these Regulations to be sent to or served on any person or body may be sent or served as follows:—

(a) in the case of the Secretary of State, by delivering it to him or sending it by post addressed to him at St Andrew’s House, Edinburgh;

(b) in the case of the Tribunal or a Health Board, by delivering it to their clerk or General Manager, or by sending it by post addressed to such person at their principal office or the usual or last known address of such person;

(c) in the case of a professional person, by delivering it to him or by sending it by post addressed to him at any address set opposite his name in the list of professional persons of the Health Board concerned;

(d) in the case of any other person, by delivering it to him or by sending it by post addressed to him at his usual or last known address.

(2) Where a party to any investigation, appeal or inquiry is represented by a solicitor it shall be a sufficient compliance with this regulation if the notice or document is sent by post addressed to the solicitor at his professional address.

(3) Until the contrary is proved, any notice or document sent as aforesaid shall be deemed to be received at the time at which a letter would be delivered in the ordinary course of post.

Power to dispense with requirements as to notices

45

The Secretary of State or the Tribunal may dispense with any requirements of these Regulations applicable to notices, applications, documents or otherwise in any case where it appears to the Secretary of State or the Tribunal just and proper to do so.

Attendance by member of Council on Tribunals

46

Nothing in these Regulations shall prevent a member of the Council on Tribunals or of the Scottish Committee thereof in that capacity from attending any hearing before—

(a) the Tribunal;

(b) a service committee;

(d) reporters when acting pursuant to appointment under regulation 13(9);

(e) a person when acting pursuant to appointment under regulation 40(2) or 42(5).

PART V — REVOCATIONS AND TRANSITIONAL PROVISIONS

Revocations

47

Subject to regulation 48, the Regulations specified in column 1 of Schedule 5 are hereby revoked to the extent specified in relation thereto in column 3 of that Schedule.

Transitional provisions

48

The provisions of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974 shall continue to apply—

(a) to any matter which falls to be investigated, considered, referred or determined (whether by a service committee, a Health Board, an area professional committee, the Secretary of State or otherwise) under Part II of those Regulations in relation to—

(i) a complaint under regulation 4 of those Regulations of which notice was given;

(ii) a reference under regulation 7 of those Regulations which was made;

(iii) the making of a direction under regulation 13 of those Regulations where the relevant report was received;

(iv) a matter in respect of which an investigation of whatever nature by an area professional committee was commenced;

(v) a complaint relating to the efficiency of general medical, general ophthalmic or pharmaceutical services which pursuant to regulation 21 of those Regulations was made; or

(vi) any appeal or referral to referees under that Part of those Regulations of which notice was given or referral made,

before the date on which these Regulations come into force or in relation to any appeal or referral to referees under the said Regulations of 1974 from the determination of any such compliant, reference or matter where that determination is made after that date;

(b) to any matter which falls to be determined (whether by the Tribunal, the Secretary of State or otherwise) under Part IV of those Regulations following a representation or an application in writing received by the clerk to the Tribunal or, as the case may be, the Secretary of State before the date on which these Regulations come into force or in relation to any appeal under regulation 55 of the said Regulations of 1974 from the statement of the Tribunal made after that date in relation to any such representation,

as if these Regulations had not come into force.

SCHEDULE 1 — RULES OF PROCEDURE OF SERVICE COMMITTEES

PART I — GENERAL

Interpretation

1

(1) In this Schedule, unless the context otherwise requires—

(a) any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations;

(b) any reference to a numbered paragraph is a reference to the paragraph bearing that number in this Schedule, and any reference in a paragraph to a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in that paragraph;

(i) in the case of a service committee (other than an ophthalmic service committee or a joint services committee), a member appointed by whichever of the area professional committees is the appropriate committee by virtue of regulation 2(2) to (4);

(ii) in the case of an ophthalmic service committee, a member appointed by the area medical committee or by the area optical committee; or

(iii) in the case of a joint services committee, a member appointed by the appropriate service committee in terms of regulation 2(8)(b)(ii) to (v).

(2) For the purposes of a hearing in relation to an investigation which is arranged pursuant to paragraph 7(3), the parties shall consist of—

(a) in the case of a complaint made in accordance with regulation 3—

(i) the complainer; and

(ii) the professional person concerned;

(b) in the case of a reference made under regulation 8(1)—

(i) the Health Board or the committee of the Health Board concerned; and

(ii) the professional person concerned,

and “party” and “parties” shall be construed accordingly.

Application

2

Subject to such exceptions and qualifications as are mentioned, the provisions of this Schedule shall apply to the investigation by the appropriate service committee of—

(a) any complaint made in accordance with regulation 3 which requires to be referred to that committee pursuant to regulation 4; and

(b) any matter which a Health Board or a committee of a Health Board may refer to that committee pursuant to regulation 8.

PART II — PRELIMINARY CONSIDERATION BY SERVICE COMMITTEES OF COMPLAINTS AND OTHER REFERENCES

Transmission of papers to chairman of service committee

3

The General Manager shall send to the chairman of the appropriate service committee as soon as practicable—

(a) in the case of a complaint made in accordance with regulation 3, copies of—

(i) the complaint; and

(ii) where applicable, any statement of further information submitted for the purposes of regulation 3(5);

(b) in the case of a matter referred under regulation 8(1), copies of the written terms of reference and any documents referred to by them.

Further statement in respect of complaints relating to terms of service

4

(1) Where, in the case of a complaint made in accordance with regulation 3, the chairman of the appropriate service committee is of the opinion that the complaint discloses no reasonable grounds for believing that the professional person concerned has failed to comply with his terms of service, or is trivial or vexatious, he shall notify the General Manager of that opinion.

(2) In the event of receiving notification for the purposes of sub-paragraph (1), the General Manager shall send written notice to the complainer—

(a) informing him of the chairman’s opinion; and

(b) inviting him to submit within 2 weeks a further statement in amplification of his complaint.

(3) Where after the expiry of the period referred to in the notice under sub-paragraph (2)—

(a) no further statement has been submitted; or

(b) such a statement having been submitted, the chairman is of the opinion that it does not render a hearing of the case necessary,

the complaint shall be brought before a meeting of the service committee which shall have the power to dispense with a hearing and make a report on the complaint to the Health Board forthwith.

(4) The quorum at a meeting of a service committee at which a complaint is considered for the purposes of sub-paragraph (3) shall be the same as that specified in paragraph 14(1) in relation to a hearing of a service committee.

Comments and observations in respect of complaints

5

(1) This paragraph applies to a complaint made in accordance with regulation 3 where either—

(a) the chairman of the appropriate service committee is; or

(b) notwithstanding any opinion of the chairman to the contrary, the service committee are,

of the opinion that the complaint discloses reasonable grounds for believing that the professional person may have failed to comply with his terms of service.

(2) In the case of a complaint to which this paragraph applies, the chairman of the service committee shall notify the General Manager of any provision of the terms of service which the chairman has, or where appropriate the service committee have, grounds for believing the professional person concerned may have failed to comply with and the General Manager shall thereafter send to that professional person—

(a) copies of the relevant papers sent to the chairman in terms of paragraph 3 and any further statement in terms of paragraph 4;

(b) details of any provision of the terms of service identified by the chairman in accordance with this sub-paragraph;

(c) a notice informing the professional person that he may submit written comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow.

(3) The General Manager shall, following receipt of any comments submitted in terms of subparagraph (2)(c), send to the complainer—

(a) a copy of the comments;

(b) a notice informing the complainer—

(i) that he may submit observations on those comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow;

(ii) that a professional person belonging to the same category of a professional person as the person submitting the comments, but who has no interest, either directly or indirectly, in the complaint, is available to explain to the complainer, if he so requires, any technical terms used in those comments.

(4) Where the General Manager sends a notice in terms of either sub-paragraph (2)(c) or (3)(b) he shall include a statement in the notice to the person that copies of any documents, including any comments or observations, submitted in connection with the complaint will be furnished to the other party and may be produced in evidence at a hearing where one is held in respect of the complaint.

Comments and observations in respect of other references

6

(1) Except as otherwise provided, this paragraph applies to any reference made under regulation 8(1) whether or not the reference involves an allegation of a failure by a professional person to comply with his terms of service.

(2) In the case of a reference which involves an allegation of a failure by a professional person to comply with his terms of service, the chairman of the service committee shall notify the General Manager of any provision of the terms of service which the chairman has grounds for believing the professional person concerned may have failed to comply with and the General Manager shall thereafter send to that professional person—

(a) copies of the relevant papers sent to the chairman in terms of paragraph 3;

(b) details of any provision of the terms of service identified by the chairman in accordance with this sub-paragraph;

(c) a notice informing the professional person that he may submit written comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow.

(3) In the case of a reference which does not involve an allegation of a failure by the professional person concerned to comply with his terms of service, the General Manager shall send to that professional person—

(a) copies of the relevant papers sent to the chairman in terms of paragraph 3;

(b) a notice informing the professional person that he may submit written comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow.

(4) The General Manager shall, following receipt of any comments submitted in terms of subparagraph (2)(c) or (3)(b), send to the officer of the Health Board or to the committee of the Health Board as appears to the General Manager to be concerned with the reference—

(a) a copy of the comments;

(b) a notice informing that officer or that committee that the Health Board or the committee may submit observations on those comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow.

(5) Where the General Manager sends a notice in terms of sub-paragraph (2)(c) or (3)(b) or (4)(b) he shall include a statement in the notice to the person that copies of any documents, including any comments or observations, submitted in connection with the reference will be furnished to the other party and may be produced in evidence at a hearing where one is held in respect of the reference.

Preliminary consideration by service committee

7

(1) Where following the submission of—

(a) comments by a professional person in terms of paragraph 5(2)(c) or 6(2)(c) or (3)(b);

(b) if any, observations by—

(i) a complainer in terms of paragraph 5(3)(b); or

(ii) a Health Board or a committee of a Health Board in terms of paragraph 6(4)(b),

the chairman of the service committee is of the opinion that a hearing of the complaint or matter referred is unnecessary, the case shall be brought before a meeting of the service committee which shall have power to dispense with a hearing and make a report on the case to the Health Board forthwith.

(2) The quorum at a meeting of a service committee at which a case is considered for the purposes of sub-paragraph (1) shall be the same as that specified in paragraph 14(1) in relation to a hearing of a service committee.

(3) Where the General Manager—

(a) has received no comments within the period allowed in terms of paragraph 5(2)(c) or 6(2)(c) or (3)(b); or

(b) is notified by the chairman of the service committee that, following the submission of comments by the professional person in terms of paragraph 5(2)(c) or 6(2)(c) or (3)(b) and, as the case may be, any observations by the complainer in terms of paragraph 5(3)(b) or by the Health Board or the committee of the Health Board in terms of paragraph 6(4)(b)—

(i) the chairman is; or

(ii) notwithstanding any opinion of the chairman to the contrary, the service committee are,

of the opinion that a hearing of the complaint or matter referred is necessary,

PART III — ARRANGEMENTS FOR A HEARING

Notice of hearing

8

The General Manager shall, where he is required by virtue of paragraph 7(3) to arrange a hearing, give not less than 3 weeks' written notice to—

(a) in the case of a complaint made in accordance with regulation 3, the complainer;

(b) in the case of a reference made under regulation 8(1), the officer of the Health Board as appears to him to be concerned with the reference;

(i) the professional person concerned; and

(ii) the secretary of the appropriate area professional committee,

of the date when the service committee will hold a hearing.

Notice by complainer of intention to be present

9

(1) In the case of a complaint made in accordance with regulation 3, the complainer shall within 2 weeks from the date of the written notice sent pursuant to paragraph 8 notify the General Manager of his intention to attend or be represented at the hearing.

(2) Where the service committee are satisfied that a complainer to whom notice has been sent pursuant to paragraph 8 has failed, within 2 weeks from the date on which such notice was sent to him, to notify his intention to attend or be represented at the hearing, they may, subject to sub-paragraph (3), proceed to consider the complaint and to make a report to the Health Board without holding a hearing.

(3) A report made pursuant to sub-paragraph (2) shall not contain any recommendation which is adverse to the professional person concerned unless he shall have previously consented in writing to the matter being disposed of by the service committee without a hearing.

Intimation of particulars of witnesses and representatives

10

A party to an investigation shall, within 2 weeks from the date of the written notice sent to him pursuant to paragraph 8, send to the General Manager—

(a) a note of the name of—

(i) each witness whom he intends calling to give evidence at the hearing;

(ii) if he intends to be represented at the hearing, the person who will so represent him;

(b) in the case of a person whose evidence he intends to found upon but who will not be present at the hearing, a copy of a statement of that person in relation to the matter under investigation.

Application for postponement of a hearing

11

(1) The chairman of the service committee may, upon the application of either party, postpone the date of the hearing if he is satisfied that the attendance on that date of the applicant or any witness he may intend calling is not reasonably practicable or if for any other reason he thinks fit.

(2) An application under sub-paragraph (1) shall be made in writing to the General Manager and shall state concisely the reasons for which it is made.

Provision of relevant papers

12

The General Manager shall, not less than 1 week before the hearing, supply copies of all relevant correspondence and papers to—

(a) each member of the service committee;

(b) the secretary of the appropriate area professional committee;

(d) each of the parties.

PART IV — PROCEDURE IN RELATION TO HEARINGS

Determination of procedure by a service committee

13

Subject to the following provisions of this Part, the procedure at a hearing shall be such as the service committee may determine.

Quorum for a service committee

14

(1) The quorum at a hearing of a service committee shall be—

(a) except for a joint services committee, the chairman, 2 lay members and 2 professional members; and

(b) in the case of a joint services committee, the chairman together with—

(i) 2 lay members; and

(ii) for each category of professional person concerned in the hearing, 1 professional member in the same category.

(2) Prior to the commencement of a hearing, the chairman shall ask the members of the service committee whether any of them has a personal interest, either directly or indirectly, in the complaint or reference which is the subject of the hearing and any such member who has, or considers that he might have, such an interest shall inform the chairman.

(3) If, having been informed by a member of the service committee in accordance with sub-paragraph (2), the chairman is of the opinion that the member has such an interest as mentioned in that subparagraph, he shall notify that member accordingly and that member shall take no part in the hearing but a deputy may act in his place.

(4) Where the chairman of a service committee is of the opinion that a hearing is likely to be concerned with the interests of a woman or of a child under the age of 16 years, he shall ensure that the service committee which hears the complaint or other matter includes at least 1 woman lay member.

Attendance at hearing by a complainer or professional person

15

Each party shall be entitled to be present at the hearing and may—

(a) give and call such evidence as the service committee may think relevant to the matters in issue;

(b) put questions relevant to the matters in issue to the other party or any witness called by that party either directly or, if the service committee so direct, through the chairman of the committee.

Failure to attend hearing

16

(1) Subject to sub-paragraph (2), if a party fails to attend or be represented at a hearing of which he has been duly notified, the service committee may—

(a) unless they are satisfied that his absence is due to illness or other reasonable cause, hold the hearing in the party’s absence; or

(b) adjourn the hearing.

(2) Subject to sub-paragraph (3), if in the case of a complaint made in accordance with regulation 3—

(a) the complainer fails to attend the hearing having sent notice of his intention to attend pursuant to paragraph 9(1); and

(b) the service committee have not been informed of the reason for the failure to attend,

the service committee shall treat the complaint as abandoned with immediate effect.

(3) A complaint shall be deemed not to have been treated as abandoned pursuant to sub-paragraph (2) if, within a period of 2 days after the date on which the service committee determined that the complaint be treated as abandoned in terms of that sub-paragraph, the complainer has provided evidence which in the opinion of the chairman of the service committee shows that his failure to attend the hearing was due to illness or other reasonable cause.

(4) A complainer who intends to provide evidence in terms of sub-paragraph (3) shall submit that evidence within the period specified in sub-paragraph (3) to the General Manager who shall forthwith send the evidence to the chairman of the service committee.

(5) Where the chairman of the service committee is satisfied in terms of sub-paragraph (3) that the failure of the complainer to attend the hearing was due to illness or other reasonable cause, the General Manager shall arrange a new date for the hearing.

Assistance in presentation of case

17

(1) A party may be accompanied at a hearing by some other person who may assist him in the presentation of his case, but, if that other person is legally qualified, he shall not address the committee or put questions to witnesses.

(2) For the purposes of sub-paragraph (1), a person who is legally qualified shall mean a person who is or has been—

(a) a solicitor; or

(b) an advocate or a barrister.

Proceedings to be in private

18

The proceedings at the hearing shall be private and no person shall be admitted to those proceedings except—

(a) the parties and any persons assisting them in the presentation of their case;

(b) a professional person authorised by the appropriate area professional committee;

(c) any person whose attendance is required for the purpose of giving evidence, but such a person shall, unless the service committee otherwise direct, be excluded from the hearing except while he is actually giving evidence;

(d) such officers of the Health Board as may be appointed for the purpose; and

(e) any member of the Council on Tribunals or the Scottish Committee thereof.

Introduction of issues not previously disclosed

19

(1) Subject to sub-paragraph (2), if—

(a) in the course of a hearing in relation to a complaint, the complainer introduces any issue which in the opinion of the chairman was not sufficiently disclosed in the complaint or any further statement or observations submitted pursuant to paragraphs 4(2) and 5(3) respectively; or

(b) in the course of a hearing in relation to a matter referred under regulation 8(1), the Health Board or the committee of the Health Board concerned introduce any issue which in the opinion of the chairman was not sufficiently disclosed in the written terms of reference or any observations submitted pursuant to paragraph 6(4),

the chairman may as he thinks fit exclude or admit such issue.

(2) Where the chairman of the service committee intends to admit an issue pursuant to sub-paragraph (1), the hearing shall be adjourned for such period as the service committee consider necessary unless the professional person concerned requests that the hearing should proceed and the chairman agrees to do so.

Withdrawal from a hearing

20

(1) Subject to sub-paragraph (2), when all the evidence has been heard and any closing submis sions have been made, all persons entitled to be admitted in terms of paragraph 18, other than those referred to in sub-paragraph (d), shall withdraw.

(2) If the service committee and parties agree, any member of the Council on Tribunals or the Scottish Committee thereof who was admitted in terms of paragraph 18 may remain during consideration of the report required to be made by the service committee in terms of paragraph 21.

Submission of report by service committee to Health Board

21

(1) The service committee shall prepare a report after the hearing in accordance with the following sub-paragraphs.

(2) The report, which shall be submitted to the Health Board, shall—

(a) state such relevant facts as appear to the service committee to be established by the evidence placed before them;

(b) in respect of each provision of the terms of service identified by the chairman pursuant to paragraph 5(2) or 6(2), state such inferences which, whether of a failure to comply with the terms of service or otherwise, in their opinion may properly be drawn from the facts and their reasons for reaching that opinion; and

(c) make a recommendation as to the action, if any, which should be taken and state their reasons for making that recommendation.

(3) Subject to sub-paragraph (4), in presenting their report to the Health Board, where it relates to a complaint or reference in which they infer a failure by the professional person concerned to comply with his terms of service, the service committee may—

(a) draw the attention of the Health Board to any previous reports based on a finding of a failure to comply with the terms of service applicable to that professional person and to any action taken by the Secretary of State on such reports; and

(b) recommend that account should be taken thereof by the Health Board in reaching their decision.

(4) In sub-paragraph (3), the expression “previous reports” shall not include—

(a) any report made more than 5 years prior to the date of the complaint or reference; or

(b) any report in connection with which an appeal is pending under regulation 12.

Chairman’s vote

22

The chairman of a service committee shall have a vote in the case of equality of votes but otherwise shall not be entitled to vote.

Adjourned hearings

23

Where the hearing of a service committee is adjourned for the purpose of—

(a) hearing further evidence; or

(b) preparing or considering the report,

a member of the service committee who was not present at the hearing shall not be entitled to be present at, or take part in, the proceedings at the adjourned hearing and it shall not be necessary for the General Manager to send him notice of such hearing.

Alternative procedure in certain circumstances

24

(1) The following provisions of this paragraph shall apply where a service committee are of the opinion that the hearing in respect of a complaint or reference should be held at a place other than the locality in which the office of the Health Board is situated because—

(a) there are in the opinion of the service committee difficulties in securing the attendance of witnesses owing to distance or inadequacy of means of communication; or

(b) other special circumstances exist.

(2) Where a service committee are of the opinion as mentioned in sub-paragraph (1), they may delegate—

(a) except where sub-paragraph (2)(b) may apply, to the chairman together with—

(i) in the case of a service committee other than a joint services committee, 1 lay member and 1 professional member; or

(ii) in the case of a joint services committee, 1 lay member and for each category of professional person concerned in the hearing, 1 professional member in the same category; or

(b) where there are special circumstances and the Secretary of State consents, to the chairman acting on his own,

to hold a hearing at a suitable alternative locality and make a report to the service committee.

(3) Where a hearing is held and a report made to the service committee pursuant to a delegation made under sub-paragraph (2), the service committee shall accept as conclusive any findings of fact and shall otherwise deal with the complaint or reference as if they themselves had conducted the hearing.

SCHEDULE 2 — PROVISIONS AS TO APPEAL HEARINGS

1

The reporters may by notice require any person—

(a) to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the hearing; or

(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the hearing as the reporters may think fit, and as the person so required is able to furnish; but—

(i) no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii) nothing in this paragraph shall empower the reporters to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the hearing were a proceeding in a court of law.

2

The reporters may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.

3

Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 1, or to give evidence, or who wilfully alters, supresses, conceals, destroys or refuses to produce any book or document which he may be required to furnish under paragraph 1(b), shall be liable on summary conviction to a fine not exceeding level one on the standard scale or to imprisonment for a period not exceeding 3 months.

4

The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such hearing and as to the parties by whom such expenses shall be paid.

5

Any order by the Secretary of State under paragraph 4 may be enforced in like manner as a recorded decree arbitral.

SCHEDULE 3 — RULES OF PROCEDURE APPLICABLE TO DETERMINATION OF MATTERS REFERRED TO REFEREES UNDER REGULATION 18

Provisions applicable to a reference at request of a Health Board

1

(1) Where a Health Board notify the Secretary of State that they disagee with a determination of the area medical committee under regulation 18(7), the Health Board shall within 4 weeks from the date on which they send such notification prepare and send to the area medical committee a written statement containing—

(a) details of the matter in respect of which a question has arisen and any decision given by the Health Board and the grounds upon which that decision was based; and

(b) any contentions upon which the Health Board intend to rely in relation to that matter.

(2) Within 4 weeks after receipt of a statement sent pursuant to sub-paragraph (1), an area medical committee may send a statement-in-answer to the Health Board concerned.

(3) As soon as may be practicable after the expiry of the period mentioned in sub-paragraph (2), the Health Board concerned shall send to the Secretary of State—

(a) a copy of the statement sent by the Health Board pursuant to sub-paragraph (1); and

(b) where a statement-in-answer has been submitted by the area medical committee pursuant to sub-paragraph (2), a copy of that statement-in-answer.

(4) The Secretary of State may, if he thinks fit, require the Health Board or area medical committee concerned to submit, within such reasonable period as he may allow, a supplementary statement in amplification of their respective statements.

Provisions applicable where reference is required by the Secretary of State

2

Where the Secretary of State decides pursuant to regulation 18(8) to refer a question to which regulation 18 applies, he—

(a) shall notify in writing the Health Board and the area medical committee concerned of the grounds upon which he has decided to refer the question;

(b) may require the Health Board or the area medical committee concerned to submit within such reasonable period as he may allow a written statement in connection with the question.

Submission of documents to referees

3

The Secretary of State shall provide to the referees appointed by him under regulation 18(8) for determination of the question copies of—

(a) the statement of the area medical committee concerned prepared pursuant to regulation 18(4);

(b) any statement-in-answer or written representations made by the doctor or Health Board concerned pursuant to regulation 18(4) or (5);

(d) in the case of a reference where the Health Board concerned disagree with the determination of the area medical committee—

(i) the statement of the Health Board prepared pursuant to paragraph 1(1);

(ii) any statement-in-answer submitted by the area medical committee pursuant to paragraph 1(2);

(iii) any supplementary statement submitted pursuant to paragraph 1(4);

(e) in the case of a reference which the Secretary of State makes pursuant to regulation 18(8)—

(i) the written notification of reasons made by the Secretary of State pursuant to paragraph 2(a);

(ii) any statement of the area medical committee or the Health Board concerned submitted pursuant to paragraph 2(b).

Determination by referees of question referred

4

(1) After due consideration of the documents provided to them under paragraph 3, the referees—

(a) where they are of the opinion that the question referred to them involves a question similar to a question previously determined by referees in a reference under regulation 18, may dispense with a hearing and determine the question referred summarily and make a report to the Secretary of State together with the reasons for it;

(b) except where they have determined the matter pursuant to sub-paragraph (1)(a), shall request the Secretary of State to fix a time and place for a hearing.

(2) Where the Secretary of State is requested to fix a hearing by the referees, he shall do so by giving not less than 3 weeks' notice of the hearing to the area medical committee and the Health Board concerned.

(3) At any hearing held under this paragraph—

(a) the Health Board concerned shall be entitled to be represented by a member, their General Manager, or by counsel or solicitor;

(b) the area medical committee concerned shall be entitled to be represented at the hearing by a member or an officer, or by counsel or solicitor;

(4) The area medical committee and the Health Board concerned and the Secretary of State may lead such evidence at the hearing as in the opinion of the referees may be relevant to the question referred.

(5) As soon as may be practicable after the hearing, the referees shall determine the question referred and make a report to the Secretary of State together with their reasons for it.

(6) After the Secretary of State receives a report pursuant to sub-paragraph (1)(a) or (5), he shall notify the area medical committee and the Health Board concerned of the decision of the referees and their reasons for it.

SCHEDULE 4 — FORMS FOR USE IN PROCEEDINGS IN CONNECTION WITH REPRESENTATIONS AND APPLICATIONS

FORM 1

REPRESENTATION

Regulation 24(1)(a)

FORM 2

NOTICE OF REPRESENTATION

Regulation 27(1)(a)

FORM 3

NOTICE OF A REPRESENTATION

Regulation 27(2)(a)

FORM 4

NOTICE OF INQUIRY

Regulation 30(b)

FORM 5

APPLICATION TO THE TRIBUNAL FOR REMOVAL OF DISQUALIFICATION

Regulation 41(1)(a)

FORM 6

NOTICE OF AN APPLICATION

Regulation 41(4)(a)

FORM 7

NOTICE OF INQUIRY

Regulation 41(5)(b)

FORM 8

APPLICATION TO THE SECRETARY OF STATE FOR REMOVAL OF DISQUALIFICATION

Regulation 42(1)(a)

FORM 9

NOTICE OF APPLICATION

Regulation 42(4)(a)

FORM 10

NOTICE OF INQUIRY

Regulation 42(6)(b)

SCHEDULE 5 — REVOCATIONS

(1)	(2)	(3)
Regulations revoked	References	Extent of revocation
The National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1974	S.I. 1974/504	The whole Regulations
The National Health Service (Service Committees and Tribunal) (Scotland) Amendment Regulations 1974	S.I. 1974/1031	The whole Regulations
The National Health Service (Service Committees and Tribunal) (Scotland) Amendment Regulations 1988	S.I. 1988/878	The whole Regulations
The National Health Service (General Dental Services) (Miscellaneous Amendments) (Scotland) Regulations 1990	S.I. 1990/1772	Regulation 18
The National Health Service (Service Committees and Tribunal) (Scotland) Amendment Regulations 1991	S.I. 1991/1188	The whole Regulations

Signed

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