National Health Service (Scotland) Act 1978

Section 29.

SCHEDULE 8 S The Tribunal

[F1 1 S The Tribunal shall consist of—

(a) a chairman appointed by the Lord President of the Court of Session,

(b) such number of deputy chairmen as may be so appointed,

(c) such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,

(d) such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(e) such number of medical practitioners having the qualifications prescribed under section 26 as the Secretary of State may appoint for the purposes of this sub-paragraph,

(f) such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(g) such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and

(h) such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.]

Textual Amendments

F1 Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

Modifications etc. (not altering text)

C1 Sch. 8 para 1 amended (prosp.) by 1954 c. 61 s. 13I (as inserted by 1997 c. 19, s. 1 Sch.)

F2 2 S A person appointed as the chairman or a deputy chairman shall be a practising—

(a) advocate; or

(b) solicitor,

of not less than ten years’ standing.

Textual Amendments

F2 Sch. 8 paras. 1-4 substituted for Sch 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

F3 3 S Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such body as the Secretary of State may recognise as representative of Health Boards.

Textual Amendments

F3 Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

F4 4 S Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.

Textual Amendments

F4 Sch. 8 paras. 1-4 substituted for Sch. 8 paras. 1-6 (1.1.1996) by 1995 c. 31, s. 12(2); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

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7 S Regulations may make provision—

(a) with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;

(b) with respect to the appointment of officers of the Tribunal.

[F6 8 (1) The functions of the Tribunal shall be exercised by three members consisting of— S

(a) the chairman or a deputy chairman,

(b) a person appointed under paragraph 1(c) above, and

(c) a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

(2) In sub-paragraph (1)(c) above [F7 as it has effect in relation to the functions mentioned below], the reference to the person concerned is—

(a) in the case of functions under [F8 section 29 to 29C], to the person to whom the representations in question relate,

(b) in the case of functions under section 30 (or paragraph 6 of Schedule 15), to the person whose [F9 disqualification or conditional disqualification] is under consideration,

(c) in the case of functions under section 32A, to the person to whom the application in question relates, and

(d) in the case of functions under section 32B, to the person in relation to whom [F10 section 32A(3) may be made to apply or continue to apply].

(2A) F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).]

Textual Amendments

F6 Sch. 8 para. 8 inserted (1.1.1996) by 1995 c. 31, s. 12(3); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)

F7 Words in Sch. 8 para. 8(2) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 58(2); S.I. 1998/631, art. 2(1)(b), Sch. 2 (with arts. 3, 5)

F8 Words in Sch. 8 para. 2(a) substituted (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 64(a); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)

F9 Words in Sch. 8 para. 8(2)(b) substituted (1.4.2006) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(1), 43(3), Sch. 2 para. 2(20); S.S.I. 2006/121, art. 3(b), Sch. 2

F10 Words in Sch. 8 para. 2(d) substituted (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 64(c); S.S.I. 2004/32, art. 2(2)(c) (with savings for effects of 1999 c. 8 by S.S.I. 2004/31, art. 3)

F11 Sch. 8 para. 8(2A) repealed (2.7.2010) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 42(2), 43(3), Sch. 3; S.S.I. 2010/185, art. 3(b), Sch. 2 Table