The National Health Service (Discipline Committees) (Scotland) Regulations 2006

Health Board’s statement of case

1.—(1) Where a disciplinary matter is referred to the appropriate discipline committee in accordance with regulation 5(1), the appropriate Health Board shall–

(a) within 2 working days of the date the matter is referred to the appropriate discipline committee send a notice to the practitioner who is the subject of the referral advising that practitioner that the matter has been so referred;

(b) subject to sub–paragraph (4), send a statement of its case to the discipline committee and the practitioner within 28 working days of the date the matter is referred to the appropriate discipline committee.

(2) The statement of case shall include–

(a) details of each provision of the practitioner’s terms of service with which it is alleged he or she has failed to comply, specifying for each of those provisions the details of the alleged failure to comply;

(b) subject to sub–paragraph (3), copies of all relevant documentary evidence;

(c) the name and address of any witness the appropriate Health Board intends shall give evidence at a hearing before the discipline committee and a copy of any statement made by any such witness.

(3) Where the appropriate Health Board requests an extension of the 28 day period mentioned in sub–paragraph (1)(b) before it expires, the chairperson of the discipline committee may grant an extension of that period for a further 28 days from the day on which the period would otherwise expire.