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

Comments and observations in respect of complaints

5.—(1) This paragraph applies to a complaint made in accordance with regulation 3 where either—

(a) the chairman of the appropriate service committee is; or

(b) notwithstanding any opinion of the chairman to the contrary, the service committee are,

of the opinion that the complaint discloses reasonable grounds for believing that the professional person may have failed to comply with his terms of service.

(2) In the case of a complaint to which this paragraph applies, the chairman of the service committee shall notify the General Manager of any provision of the terms of service which the chairman has, or where appropriate the service committee have, grounds for believing the professional person concerned may have failed to comply with and the General Manager shall thereafter send to that professional person—

(a) copies of the relevant papers sent to the chairman in terms of paragraph 3 and any further statement in terms of paragraph 4;

(b) details of any provision of the terms of service identified by the chairman in accordance with this sub-paragraph;

(c) a notice informing the professional person that he may submit written comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow.

(3) The General Manager shall, following receipt of any comments submitted in terms of subparagraph (2)(c), send to the complainer—

(a) a copy of the comments;

(b) a notice informing the complainer—

(i) that he may submit observations on those comments within 4 weeks or such longer period as the chairman of the service committee may for reasonable cause allow;

(ii) that a professional person belonging to the same category of a professional person as the person submitting the comments, but who has no interest, either directly or indirectly, in the complaint, is available to explain to the complainer, if he so requires, any technical terms used in those comments.

(4) Where the General Manager sends a notice in terms of either sub-paragraph (2)(c) or (3)(b) he shall include a statement in the notice to the person that copies of any documents, including any comments or observations, submitted in connection with the complaint will be furnished to the other party and may be produced in evidence at a hearing where one is held in respect of the complaint.