3. The General Manager shall send to the chairman of the appropriate service committee as soon as practicable—
(a)in the case of a complaint made in accordance with regulation 3, copies of—
(i)the complaint; and
(ii)where applicable, any statement of further information submitted for the purposes of regulation 3(5);
(b)in the case of a matter referred under regulation 8(1), copies of the written terms of reference and any documents referred to by them.
4.—(1) Where, in the case of a complaint made in accordance with regulation 3, the chairman of the appropriate service committee is of the opinion that the complaint discloses no reasonable grounds for believing that the professional person concerned has failed to comply with his terms of service, or is trivial or vexatious, he shall notify the General Manager of that opinion.
(2) In the event of receiving notification for the purposes of sub-paragraph (1), the General Manager shall send written notice to the complainer—
(a)informing him of the chairman’s opinion; and
(b)inviting him to submit within 2 weeks a further statement in amplification of his complaint.
(3) Where after the expiry of the period referred to in the notice under sub-paragraph (2)—
(a)no further statement has been submitted; or
(b)such a statement having been submitted, the chairman is of the opinion that it does not render a hearing of the case necessary,
the complaint shall be brought before a meeting of the service committee which shall have the power to dispense with a hearing and make a report on the complaint to the Health Board forthwith.
(4) The quorum at a meeting of a service committee at which a complaint is considered for the purposes of sub-paragraph (3) shall be the same as that specified in paragraph 14(1) in relation to a hearing of a service committee.
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.
6.—(1) Except as otherwise provided, this paragraph applies to any reference made under regulation 8(1) whether or not the reference involves an allegation of a failure by a professional person to comply with his terms of service.
(2) In the case of a reference which involves an allegation of a failure by a professional person to comply with his terms of service, the chairman of the service committee shall notify the General Manager of any provision of the terms of service which the chairman has 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;
(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) In the case of a reference which does not involve an allegation of a failure by the professional person concerned to comply with his terms of service, the General Manager shall send to that professional person—
(a)copies of the relevant papers sent to the chairman in terms of paragraph 3;
(b)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.
(4) The General Manager shall, following receipt of any comments submitted in terms of subparagraph (2)(c) or (3)(b), send to the officer of the Health Board or to the committee of the Health Board as appears to the General Manager to be concerned with the reference—
(a)a copy of the comments;
(b)a notice informing that officer or that committee that the Health Board or the committee 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.
(5) Where the General Manager sends a notice in terms of sub-paragraph (2)(c) or (3)(b) or (4)(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 reference will be furnished to the other party and may be produced in evidence at a hearing where one is held in respect of the reference.
7.—(1) Where following the submission of—
(a)comments by a professional person in terms of paragraph 5(2)(c) or 6(2)(c) or (3)(b);
(b)if any, observations by—
(i)a complainer in terms of paragraph 5(3)(b); or
(ii)a Health Board or a committee of a Health Board in terms of paragraph 6(4)(b),
the chairman of the service committee is of the opinion that a hearing of the complaint or matter referred is unnecessary, the case shall be brought before a meeting of the service committee which shall have power to dispense with a hearing and make a report on the case to the Health Board forthwith.
(2) The quorum at a meeting of a service committee at which a case is considered for the purposes of sub-paragraph (1) shall be the same as that specified in paragraph 14(1) in relation to a hearing of a service committee.
(3) Where the General Manager—
(a)has received no comments within the period allowed in terms of paragraph 5(2)(c) or 6(2)(c) or (3)(b); or
(b)is notified by the chairman of the service committee that, following the submission of comments by the professional person in terms of paragraph 5(2)(c) or 6(2)(c) or (3)(b) and, as the case may be, any observations by the complainer in terms of paragraph 5(3)(b) or by the Health Board or the committee of the Health Board in terms of paragraph 6(4)(b)—
(i)the chairman is; or
(ii)notwithstanding any opinion of the chairman to the contrary, the service committee are,
of the opinion that a hearing of the complaint or matter referred is necessary,
he shall arrange a hearing in respect of the complaint or matter referred.