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

Regulations 14(7), 36, 40(5) and 42(9)

SCHEDULE 2 PROVISIONS AS TO APPEAL HEARINGS

1.  The reporters may by notice require any person—

(a) to attend at the time and place set forth in the notice, to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question at the hearing; or

(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question at the hearing as the reporters may think fit, and as the person so required is able to furnish; but—

(i) no person shall be required in obedience to such a notice to attend at any place which is more than 10 miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii) nothing in this paragraph shall empower the reporters to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or confidentiality, to refuse to produce or to answer if the hearing were a proceeding in a court of law.

2.  The reporters may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.

3.  Any person who refuses or wilfully neglects to attend in obedience to a notice under paragraph 1, or to give evidence, or who wilfully alters, supresses, conceals, destroys or refuses to produce any book or document which he may be required to furnish under paragraph 1(b), shall be liable on summary conviction to a fine not exceeding level one on the standard scale or to imprisonment for a period not exceeding 3 months.

4.  The Secretary of State may make orders as to the expenses incurred by the parties appearing at any such hearing and as to the parties by whom such expenses shall be paid.

5.  Any order by the Secretary of State under paragraph 4 may be enforced in like manner as a recorded decree arbitral.