13.—(1) A person may appeal–
(a)on a point of law to the Scottish Ministers where the person’s application for inclusion in a primary medical services performers list is refused under regulation 7;
(b)for a re-determination by the Scottish Ministers of a determination of a Health Board to remove the person from the primary medical services performers list pursuant to regulation 10(1).
(2) A person may appeal by sending a notice of appeal to the Scottish Ministers, a copy of which shall be sent at the same time to the Health Board, within 21 days, or within such longer period as the Scottish Ministers for reasonable cause allow, of the date on which notice of the determination of the Health Board was given to the person.
(3) A notice of appeal shall contain–
(a)in the case of an appeal referred to in paragraph (1)(a) a concise statement of the point or points of law in respect of which the person contends that the decision of the Health Board is erroneous;
(b)in the case of an appeal referred to in paragraph (1)(b) the facts and contentions on which the person seeks to rely.
(4) If it appears to the Scottish Ministers that an appeal referred to in paragraph (1)(a) is of such a nature that it can properly be determined without a hearing, they may determine the appeal summarily without a hearing and shall give their decision in writing, with reasons for that decision, and send it to the appellant and the Health Board.
(5) If the Scottish Ministers are of the opinion that a hearing is required, or in relation to any appeal referred to in paragraph (1)(b), they shall appoint–
(a)a person who is an advocate, a solicitor or a solicitor-advocate; and
(b)where they see fit, one or more other persons,
to hear the appeal.
(6) A hearing may take place at such time and place as the Scottish Ministers may direct and notice of the hearing shall be sent by post to the appellant and the Health Board not less than 14 days before the date fixed for the hearing.
(7) The appellant may attend and be heard in person or by counsel or solicitor or other representative and the Health Board may be represented at the hearing by any duly authorised official or by counsel or solicitor.
(8) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the person or persons hearing the appeal may determine.
(9) The person or persons hearing the appeal shall report thereon to the Scottish Ministers, stating the relevant facts and conclusions, and the Scottish Ministers after taking such report into consideration shall give their decision in writing, with reasons for that decision and send it to the appellant and the Health Board.
(10) Where, on allowing an appeal referred to in paragraph (1)(a), the Scottish Ministers remit an application to the Board for reconsideration–
(a)they shall give to the Health Board such directions as appear to them to be desirable with a view to ensuring the proper determination of the matter in accordance with the relevant law; and
(b)the Health Board shall re-determine the application and in so doing shall comply with any such directions given by the Scottish Ministers.
(11) Where the Scottish Ministers allow an appeal referred to in paragraph (1)(b) they shall direct the Health Board not to remove the performer from the primary medical services performers list by reason of the determination appealed against, or, where the person has been removed, direct the Health Board to re-include the person in the primary medical services performers list, and not to remove the person by reason of the determination appealed against.