The National Health Service (Service Committees and Tribunal) (Scotland) Amendment Regulations 1994

Amendment of regulation 11 of the principal Regulations

4.—(1) Regulation 11 of the principal Regulations (decision of Health Board) is amended in accordance with this regulation.

(2) In paragraph (1) after the words “by virtue of” there are inserted the words “paragraphs 7(1), 9(2) and 21(1) of”.

(3) After paragraph (1) there is inserted—

“(1A) A Health Board, after due consideration of a report submitted to them by a service committee by virtue of sub-paragraph (3A) of paragraph 4 of Schedule 1 shall—

(a) if they agree with the service committee’s report determine that no further action should be taken in relation to that report; or

(b) if they do not agree with the service committee’s report specify every provision of the terms of service with which they consider that the professional person may have failed to comply.

(1B) In a case falling within paragraph (1A)(b) above the investigation of the complaint shall continue in accordance with paragraphs 5 to 12 of Schedule 1 as if the General Manager had been notified of the relevant terms of service under paragraph 5(2) of that Schedule by the chairman of the appropriate committee.”.