SCHEDULE 4

PART IINATIONAL APPEAL PANEL

Nominees for the National Appeal PanelI69

1

The Board shall submit the names of its nominees for the National Appeal Panel to the Scottish Ministers and shall advise them from time to time of any changes in such nominees.

F52

The persons nominated by the Board under sub-paragraph (1) must not be, nor have been previously, a doctor, dentist, ophthalmic optician or pharmacist nor a person employed by a doctor, dentist, ophthalmic optician or pharmacist.

F3Chair of National Appeal PanelI410

1

After consultation with all Health Boards, the Scottish Ministers shall appoint a Chair and a substitute Chair of the National Appeal Panel.

2

Each person so appointed—

a

shall be an advocate, a solicitor or a solicitor-advocate; but

b

shall not be, nor previously have been, a doctor, dentist, ophthalmic optician, pharmacist, or person, or employee of a person, whose name is on the pharmaceutical list.

3

Where the person appointed as Chair is unable for whatever reason to fulfil the duties of the Chair, the person appointed as substitute Chair shall take the place of that person and all references to the Chair in these Regulations shall be deemed to refer to the person appointed as substitute Chair

MembershipI211

1

In any case in which paragraph 5(6) of Schedule 3 falls to be applied, the Scottish Ministers shall arrange to convene in accordance with this paragraph the National Appeal Panel, the members of which shall be drawn from–

F6a

the lists maintained, in accordance with paragraph 3(4), of persons falling within paragraph 3(1)(b)(i); and

b

the nominees proposed in accordance with paragraph 9.

2

No member of the National Appeal Panel shall be a member of–

a

the Board or the Pharmacy Practices Committee of the Board which considered the application; or

b

any Board which was notified in terms of paragraph 1(1)(d) of Schedule 3 and which submitted representations in accordance with that paragraph.

F43

The National Appeal Panel shall consist of three members of whom—

a

one shall be chair appointed as provided for in paragraph 10;

b

one shall be a pharmacist; and

c

one shall be nominated by the Board under paragraph 9.

Declaration of interestI512

1

Before the start of any meeting of the National Appeal Panel the chair F9... shall ask the members intending to be present whether, in respect of the appeal to be considered at the meeting, any of them–

a

has an interest to declare;

b

is associated with a person who has any personal interest,

and any such member who has or, as the case may be, is associated with the person who has, any such interest shall disclose it accordingly.

2

Any member who has, pursuant to the provisions of sub-paragraph (1) disclosed an interest or who, in the opinion, expressed to the meeting, of the chair F7... should have disclosed such an interest, shall not be present at the consideration or discussion of that appeal or the voting on it.

QuorumF2I713

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8VotingI114

Every appeal must be considered by all members of the National Appeal Panel convened for that purpose and determined by a majority of the votes of those members.

F1Notice of decision of National Appeal PanelI315

1

The National Appeal Panel shall, within 5 working days of taking its decision, give written notification of that decision with reasons for it to the Board to whom the original application was made.

2

The Board shall—

a

within 5 working days of receipt of such notification, intimate to the applicant and all persons mentioned in paragraph 1 of Schedule 3 that decision and the reasons for it; and

b

within 5 working days of such intimation, publish that decision and the reasons for it on its website.