Scotland

12 Constitution of the Tribunal.

1

Schedule 8 to the National Health Service (Scotland) Act 1978 (which makes provision about the tribunal under section 29 of that Act) shall be amended as follows.

2

For paragraphs 1 to 6 (constitution) there shall be substituted—

1

The Tribunal shall consist of—

a

a chairman appointed by the Lord President of the Court of Session,

b

such number of deputy chairmen as may be so appointed,

c

such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,

d

such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

e

such number of medical practitioners having the qualifications prescribed under section 26 as the Secretary of State may appoint for the purposes of this sub-paragraph,

f

such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

g

such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and

h

such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.

2

A person appointed as the chairman or a deputy chairman shall be a practising—

a

advocate; or

b

solicitor,

of not less than ten years’ standing.

3

Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such body as the Secretary of State may recognise as representative of Health Boards.

4

Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.

3

After paragraph 7 there shall be added—

8

1

The functions of the Tribunal shall be exercised by three members consisting of—

a

the chairman or a deputy chairman,

b

a person appointed under paragraph 1(c) above, and

c

a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

2

In sub-paragraph (1)(c) above, the reference to the person concerned is—

a

in the case of functions under section 29, to the person to whom the representations in question relate,

b

in the case of functions under section 30 (or paragraph 6 of Schedule 15), to the person whose disqualification is under consideration,

c

in the case of functions under section 32A, to the person to whom the application in question relates, and

d

in the case of functions under section 32B, to the person in relation to whom the application of section 32A(3) may be continued.

3

In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).