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The National Health Service (Tribunal) (Scotland) Regulations 2004

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Submission of representations

6.—(1) Subject to paragraph (4), representations 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 the complainer’s behalf by some person authorised by the complainer;

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

(c)be sent together with the copies of the documents relevant to it to the clerk to the Tribunal.

(2) Subject to paragraph (5), where the representations are made under paragraph 3 (representations against preferential treatment) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act they shall be sent to the Tribunal within two weeks of the date of publication by the Scottish Ministers under regulation 30 (publication of information about applications for preferential treatment) of information about the application.

(3) Subject to paragraph (5), where representations are made that the second condition of disqualification is met and relate to a practitioner who has applied to join a list but whose name is not yet on such a list, they shall be sent to the clerk to the Tribunal within 30 days of receipt of the application for the practitioner’s name to be included.

(4) 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.

(5) Where a complainer is required to make representations within a time specified in paragraph (2) or (3) and the complainer–

(a)makes an application (whether before or after the expiry of the time so specified) to the Tribunal for an extension of that time; and

(b)includes in that application a statement of the grounds for making it,

the Tribunal may, where it is satisfied that it is in all the circumstances reasonable to do so, extend that time by such further period as it shall specify.

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