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

Disciplinary matters in relation to deputies

2.—(1) Where a disciplinary matter which is investigated in relation to–

(a) a dentist concerns the conduct of a deputy whose name is not included in a dental list, or an assistant;

(b) a pharmacist contractor concerns the conduct of a pharmacist employed by him or her,

the appropriate Health Board shall send a notice in writing in accordance with sub–paragraph (2) to the deputy, assistant or employed pharmacist.

(2) A notice given under sub–paragraph (1) shall–

(a) invite the recipient of the notice to send to the appropriate Health Board, within 28 days of that notice being sent, if the recipient wishes to be treated as a party to the investigation notwithstanding that no action may be taken in relation to him or her under regulation 8–

(i) notification in writing of his or her wish;

(ii) his or her comments in writing on the disciplinary matter;

(b) include details of each provision of the terms of service identified pursuant to paragraph 1(2)(a) and–

(i) a copy of the appropriate Health Board’s statement of case; or

(ii) notification of the date by which the statement of case is due under paragraph 1(1)(b) or, where an extension has been granted, under paragraph 1(3);

(c) inform the recipient of the notice that copies of any comments or other documents he or she may submit in connection with the investigation will be sent to the practitioner and may be produced at any hearing.

(3) Where the recipient of a notice given under sub–paragraph (1) gives notification to the appropriate Health Board as mentioned in sub–paragraph (2)(a)(i), and submits comments as mentioned in sub–paragraph (2)(a)(ii), that person shall be treated for the purposes of this Schedule as if he or she were a practitioner in relation to whom the allegation, the subject of the disciplinary matter, is made, although no action may be taken in relation to him or her under regulation 8, and the following paragraphs of this Schedule (except paragraph (3)(1)) shall apply to that person accordingly.