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).