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

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Notice by complainer of intention to be present

9.—(1) In the case of a complaint made in accordance with regulation 3, the complainer shall within 2 weeks from the date of the written notice sent pursuant to paragraph 8 notify the General Manager of his intention to attend or be represented at the hearing.

(2) Where the service committee are satisfied that a complainer to whom notice has been sent pursuant to paragraph 8 has failed, within 2 weeks from the date on which such notice was sent to him, to notify his intention to attend or be represented at the hearing, they may, subject to sub-paragraph (3), proceed to consider the complaint and to make a report to the Health Board without holding a hearing.

(3) A report made pursuant to sub-paragraph (2) shall not contain any recommendation which is adverse to the professional person concerned unless he shall have previously consented in writing to the matter being disposed of by the service committee without a hearing.

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