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

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;

(c) be sent together with the copies of each document relevant to it to the Secretary of State.

(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”;

(c) in regulation 35—

(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

(c) the words “Secretary of State” read “Secretary of State or the person holding the inquiry”.

(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”.