The Reporters (Appeals against Dismissal) (Scotland) Regulations 1997

Regulation 10

SCHEDULE

1.  A panel to conduct an inquiry and to report to the Secretary of State for the purposes of an appeal under section 129 of the 1994 Act shall be constituted by the appointment of members to that panel by the Secretary of State in accordance with the provisions of this Schedule.

2.  The Secretary of State shall appoint–

(a) as chairman of the panel a practising solicitor or advocate who has been qualified for at least 10 years; and

(b) 2 further persons as members of the panel, being persons of such qualifications and experience as the Secretary of State considers appropriate to the case.

3.  The chairman and members of the panel shall be remunerated, and paid travelling and subsistence expenses, at such rates as the Secretary of State may specify.

4.  Such administrative arrangements as are necessary for the purpose of the inquiry shall be made by the Secretary of State.

5.  The Secretary of State shall give to the chairman and members of the panel a copy of the notices, statements and documents given to him in terms of these Regulations in connection with the appeal.

6.  The appellant and the Administration shall be entitled to be assisted in presenting their case for the purposes of an appeal, and to be represented at an inquiry, by counsel, by a solicitor, or by a representative of a trade union.

7.  The inquiry shall be held in private.

8.  The panel shall, following the inquiry, make a report to the Secretary of State within 14 days from the last day on which the inquiry was conducted.

9.  The report by the panel shall include–

(a) a statement of the facts admitted to or found by the panel;

(b) the opinion of the panel as to whether the dismissal was just and proper having regard to the facts; and

(c) recommendations where appropriate in relation to reinstatement of the appellant and the date on which this should take effect and as to payment to the appellant of any sum referred to in regulation 11(3)(a)(ii) above.