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

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

3. PART II INVESTIGATION OF MATTERS RELATING TO SERVICES

   1. 2. Constitution of service committees

   2. 3. Submission of complaints relating to terms of service

   3. 4. Investigation of complaints relating to terms of service

   4. 5. Withdrawal and termination of complaints

   5. 6. Late submission of complaints relating to terms of service

   6. 7. Appeal to Secretary of State to require an investigation

   7. 8. Investigation of matters relating to provision of general services

   8. 9. Referral of investigations to the joint services committee

   9. 10. Procedure and reports of service committees

   10. 11. Decision of Health Board

   11. 12. Appeal to Secretary of State from decision of Health Board

   12. 13. Procedure on appeal to Secretary of State

   13. 14. Provisions as to a hearing

   14. 15. Procedure on recovery of sums by withholding remuneration or otherwise

   15. 16. Investigation of apparently excessive prescribing by doctors

   16. 17. Appeal on prescribing

   17. 18. Determination whether a fee may be charged by a doctor

   18. 19. Determination whether a substance is a drug and recovery of cost

   19. 20. Appeals from decisions of Scottish Dental Practice Board

4. PART III INQUIRIES BY, AND APPEALS FROM, THE TRIBUNAL

   1. 21. Interpretation and forms

   2. 22. Term of office of members of the Tribunal

   3. 23. Officers of the Tribunal

   4. 24. Submission of a representation

   5. 25. Power to require verification of representation

   6. 26. Power of the Tribunal to refuse an inquiry

   7. 27. Notices to be sent to respondent and any other Health Board in case of an inquiry

   8. 28. Amendment of representation

   9. 29. Submission of statement-in-answer or other statement and supporting documents

   10. 30. Notice of inquiry

   11. 31. Power to postpone inquiry

   12. 32. Power to treat representation as withdrawn in certain cases

   13. 33. Withdrawal of representation

   14. 34. Representation and evidence at inquiry

   15. 35. Procedure at inquiry

   16. 36. Provisions as to inquiry

   17. 37. Power to dispense with oral inquiry

   18. 38. Statement by the Tribunal

   19. 39. Appeal to Secretary of State

   20. 40. Procedure on appeal

   21. 41. Procedure in regard to application to the Tribunal for removal of disqualification

   22. 42. Procedure in regard to application to the Secretary of state for removal of disqualification

   23. 43. Publication of decisions of the Tribunal and the Secretary of State

5. PART IV MISCELLANEOUS

   1. 44. Service of notices, etc.

   2. 45. Power to dispense with requirements as to notices

   3. 46. Attendance by member of Council on Tribunals

6. PART V REVOCATIONS AND TRANSITIONAL PROVISIONS

   1. 47. Revocations

   2. 48. Transitional provisions

7. Signature

8. 1. SCHEDULE 1

      RULES OF PROCEDURE OF SERVICE COMMITTEES

      1. PART I GENERAL

         1. 1. Interpretation

         2. 2. Application

      2. PART II PRELIMINARY CONSIDERATION BY SERVICE COMMITTEES OF COMPLAINTS AND OTHER REFERENCES

         1. 3. Transmission of papers to chairman of service committee

         2. 4. Further statement in respect of complaints relating to terms of service

         3. 5. Comments and observations in respect of complaints

         4. 6. Comments and observations in respect of other references

         5. 7. Preliminary consideration by service committee

      3. PART III ARRANGEMENTS FOR A HEARING

         1. 8. Notice of hearing

         2. 9. Notice by complainer of intention to be present

         3. 10. Intimation of particulars of witnesses and representatives

         4. 11. Application for postponement of a hearing

         5. 12. Provision of relevant papers

      4. PART IV PROCEDURE IN RELATION TO HEARINGS

         1. 13. Determination of procedure by a service committee

         2. 14. Quorum for a service committee

         3. 15. Attendance at hearing by a complainer or professional person

         4. 16. Failure to attend hearing

         5. 17. Assistance in presentation of case

         6. 18. Proceedings to be in private

         7. 19. Introduction of issues not previously disclosed

         8. 20. Withdrawal from a hearing

         9. 21. Submission of report by service committee to Health Board

         10. 22. Chairman’s vote

         11. 23. Adjourned hearings

         12. 24. Alternative procedure in certain circumstances

   2. SCHEDULE 2

      PROVISIONS AS TO APPEAL HEARINGS

      1. 1. The reporters may by notice require any person—

      2. 2. The reporters may administer oaths and examine witnesses on oath...

      3. 3. Any person who refuses or wilfully neglects to attend in...

      4. 4. The Secretary of State may make orders as to the...

      5. 5. Any order by the Secretary of State under paragraph 4...

   3. SCHEDULE 3

      RULES OF PROCEDURE APPLICABLE TO DETERMINATION OF MATTERS REFERRED TO REFEREES UNDER REGULATION 18

      1. 1. Provisions applicable to a reference at request of a Health Board

      2. 2. Provisions applicable where reference is required by the Secretary of State

      3. 3. Submission of documents to referees

      4. 4. Determination by referees of question referred

   4. SCHEDULE 4

      FORMS FOR USE IN PROCEEDINGS IN CONNECTION WITH REPRESENTATIONS AND APPLICATIONS

   5. SCHEDULE 5

      REVOCATIONS

9. Explanatory Note