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

Determination whether a fee may be charged by a doctor

18.—(1) Subject to paragraph (2), the following provisions of this regulation shall apply to the determination of any question arising, either in the course of any investigation by a medical service committee or otherwise, as to whether any treatment by a doctor given to a person for whose treatment the doctor is responsible under paragraph 4 of his terms of service is treatment for which he may demand or accept a fee or remuneration under those terms of service.

(2) This regulation shall not apply to a question—

(a) which arises in relation to paragraph 20(1)(a) or (e) of his terms of service; or

(b) whether a certificate is reasonably required by a person for whose treatment a doctor is responsible under paragraph 4 of the doctor’s terms of service under or for the purposes of any enactment.

(3) Where, in relation to treatment given by a doctor, a question to which this regulation applies arises, the matter shall be referred by the Health Board concerned to the area medical committee for determination.

(4) An area medical committee to whom a matter has been referred under paragraph (3) shall—

(a) send to the doctor to whom the matter relates a written statement indicating the nature of the matter referred to the committee for determination;

(b) inform the doctor that he may—

(i) submit to the committee, within 4 weeks from the date of receipt of the statement sent under sub-paragraph (a), a statement-in-answer; or

(ii) appear in person before the committee for the purpose of making representations.

(5) An area medical committee shall—

(a) where the doctor submits a statement-in-answer, send a copy of it to the Health Board concerned and inform them that they may submit to the committee, within 4 weeks from the date of receipt of the copy of such statement, written representations;

(b) where the doctor wishes to appear before and is heard by the committee, allow representatives of the Health Board concerned to appear before the committee for the purpose of making representations.

(6) Where, pursuant to paragraph (5), the Health Board concerned submit written repre sentations, the area medical committee shall send a copy of them to the doctor concerned.

(7) After due consideration of any statement-in-answer or representations made pursuant to paragraph (4) or (5), an area medical committee shall determine the question referred and shall inform the doctor and the Health Board concerned and also the Secretary of State of their determination by sending to each of them a copy of it.

(8) Where in relation to a determination of an area medical committee under paragraph (7)—

(a) the Health Board concerned notifies the Secretary of State within 4 weeks from the date on which they receive notification of the determination that they disagree with it, the Secretary of State shall; or

(b) the Health Board concerned are satisfied with the determination but the Secretary of State decides to do so, the Secretary of State may,

refer the question for determination by 3 referees appointed under this paragraph, of whom 2 shall be doctors (not being officers of the Secretary of State), and 1 shall be a practising advocate or solicitor.

(9) The rules of procedure set out in Schedule 3 shall apply to the procedure in relation to a question referred to them pursuant to paragraph (8) and of the decision of the referees in relation to it.