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

Statement by the Tribunal

21.—(1) As soon as may be practicable after the conclusion of an inquiry in relation to representations, the Tribunal shall prepare a statement under the hand of the chairman of the Tribunal who presided over the inquiry stating–

(a) its findings of fact;

(b) the conclusions which it has reached;

(c) where it is of the opinion that the respondent meets the first or second condition for disqualification, the disqualification (including any conditional disqualification) as it makes under section 29B(2) of the 1978 Act(1);

(d) where it is of the opinion that the respondent meets the first or second condition for disqualification any declaration of unfitness it makes under section 29B(3) of the 1978 Act(2);

(e) such directions as it makes under section 32B(1) of the 1978 Act (continuation of suspension pending appeal);

(f) such directions as it may make under paragraph 4(1) (power of Tribunal to give directions) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act(3); and

(g) any order it makes as to expenses.

(2) Where the Tribunal makes a conditional disqualification, the statement referred to in paragraph (1) shall set out the conditions which are imposed on the respondent and any directions made by the Tribunal under section 29C(5) of the 1978 Act(4).

(3) The clerk to the Tribunal shall–

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

(i) the Scottish Ministers;

(ii) the complainer; and

(iii) the respondent;

(b) where the statement contains a disqualification (including any conditional disqualification) under section 29B(2) of the 1978 Act or a declaration of unfitness under section 29B(3) or a direction under section 32B(1) of the 1978 Act or a direction under paragraph 4(1) of Schedule 1 to the 1997 Act, inform the respondent of the respondent’s right of appeal under section 11 (appeals from certain Tribunals) of the Tribunal and Inquiries Act 1992(5) in respect of that decision.

(4) Except for a Health Board or primary care NHS trust to whom a copy of the statement has been sent pursuant to paragraph (3), the Scottish Ministers shall send a copy of the statement to such Health Boards or primary care NHS trusts or relevant professional body as appear to them concerned.

(1)

Section 29B(2) of the 1978 Act was inserted by the Health Act 1999 (c. 8), section 58 and amended by the Community Care and Health (Scotland) Act 2002 asp 5 Schedule 2, paragraph 2.

(2)

Section 29B(3) of the 1978 Act was inserted by the Health Act 1999 (c. 8), section 58 and amended by the Community Care and Health (Scotland) Act 2002 asp 5 Schedule 2, paragraph 2.

(3)

1997, c. 46; paragraph 4(1) of Schedule 1 to the 1997 Act was amended by the Community Care and Health (Scotland) Act 2002 asp 5, section 19.

(4)

Section 29C(5) of the 1978 Act was inserted by the Health Act 1999 (c. 8), section 58.

(5)

1992 c. 53 to which there are amendments not relevant to these Regulations.