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

Constitution of service committees

2.—(1) Every Health Board shall establish in accordance with the provisions of this regulation the following service committees:—

(a) a medical service committee;

(b) a pharmaceutical service committee;

(c) a dental service committee;

(d) an ophthalmic service committee; and

(e) a joint services committee.

(2) The medical service committee shall consist of—

(a) a chairman appointed by the Health Board from its lay members; and

(b) 6 other persons of whom 3 shall be lay persons (of whom at least 1 shall be a woman) appointed by the Health Board and 3 shall be doctors appointed by the area medical committee.

(3) The pharmaceutical service committee shall consist of—

(a) a chairman appointed by the Health Board from its lay members; and

(b) 6 other persons of whom 3 shall be lay persons (of whom at least 1 shall be a woman) appointed by the Health Board and 3 shall be pharmacists appointed by the area pharmaceutical committee.

(4) The dental service committee shall consist of—

(a) a chairman appointed by the Health Board from its lay members; and

(b) 6 other persons of whom 3 shall be lay persons (of whom at least 1 shall be a woman) appointed by the Health Board and 3 shall be dentists appointed by the area dental committee.

(5) The ophthalmic service committee shall consist of—

(a) a chairman appointed by the Health Board from its lay members; and

(b) 7 other persons of whom—

(i) 3 shall be lay persons (of whom at least 1 shall be a woman) appointed by the Health Board;

(ii) 2 shall be ophthalmic medical practitioners appointed by the area medical committee; and

(iii) 2 shall be opticians appointed by the area optical committee.

(6) Where the ophthalmic service committee investigates a matter which does not involve a question relating to an ophthalmic medical practitioner, one only of the members who are ophthalmic medical practitioners may take part in the investigation.

(7) Where the ophthalmic service committee investigates a matter which does not involve a question relating to an optician, one only of the members who are opticians may take part in the investigation.

(8) The joint services committee shall consist of—

(a) a chairman appointed by the Health Board from its lay members; and

(b) 12 other persons of whom—

(i) 4 shall be lay persons (of whom at least 1 shall be a woman) appointed by the Health Board;

(ii) 2 shall be appointed by the medical service committee from their members or deputies who are doctors;

(iii) 2 shall be appointed by the pharmaceutical service committee from their mem bers or deputies who are pharmacists;

(iv) 2 shall be appointed by the dental service committee from their members or deputies who are dentists; and

(v) 2 shall be appointed by the ophthalmic service committee from their members or deputies who are ophthalmic medical practitioners or opticians.

(9) Where an appropriate area professional committee—

(a) is unable to appoint any member of a service committee; or

(b) has not been recognised for the area of a Health Board,

the Health Board may arrange for any member of a service committee who requires to be appointed by the appropriate area professional committee to be appointed by the appropriate area professional committee for the area of another Health Board.

(10) When any matter stands referred under regulation 9 to the joint services committee—

(a) the members of the joint services committee appointed by the medical service committee shall not take part in the investigation unless the matter involves a question relating to a doctor;

(b) the members of the joint services committee appointed by the dental service committee shall not take part in the investigation unless the matter involves a question relating to a dentist;

(c) the members of the joint services committee appointed by the pharmaceutical service committee shall not take part in the investigation unless the matter involves a question relating to a pharmacist; and

(d) the members of the joint services committee appointed by the ophthalmic service committee shall not take part in the investigation unless the matter involves a question relating to an ophthalmic medical practitioner or optician.

(11) As respects each service committee, not fewer than 3 lay persons and not fewer than 3 professional persons shall be appointed as deputies, according to the same provisions as apply to the appointment of members of that committee other than the chairman.

(12) Where a member of a service committee, other than the chairman, is absent a deputy appointed according to the same provisions as that member may act in his place.

(13) As respects each service committee, a person shall be appointed by the Health Board from the lay members of that committee to act as deputy for the chairman of the committee and the person so appointed may, in the absence of the chairman, act in his place.

(14) The Health Board may make standing orders with respect to the term of office of the chairman, deputy chairman, members and deputy members of a service committee:

Provided that the term of office of the chairman shall not exceed 1 year without prejudice to his eligibility for re-appointment.