The National Health Service (Personal Medical Services) (Scotland) Regulations 2001

Regulation 2

SCHEDULE 4 DISPUTES

1.  Except where the provider is a health service body within the meaning of section 17A of the 1978 Act, the agreement shall include a dispute resolution procedure which–

(a) requires that the parties be bound by any determination made by the adjudicator to resolve the matter in dispute; and

(b) complies with the requirements specified in this Schedule.

2.  Any dispute arising out of or in connection with the agreement may be referred to an adjudicator appointed by the Scottish Ministers to consider and determine the matter in accordance with the provisions of this Schedule.

3.  Any party wishing to commence a dispute resolution under the provisions of this Schedule shall send to the Scottish Ministers a written request for dispute resolution which shall include or be accompanied by–

(a) the names and addresses of the parties to the dispute resolution;

(b) a copy of the agreement;

(c) a brief statement describing the nature and circumstances of the dispute.

4.—(1) Within the period of seven days beginning with the date of appointment to consider and determine a matter, the adjudicator shall–

(a) give to the parties notice in writing of the adjudicator’s appointment; and

(b) include with the notice a written request to the parties to make in writing within a specified period any representations when they may wish to make about the matter.

(2) The adjudicator shall give, with the notice given under sub-paragraph (1), to the party other than the one which referred the matter to dispute resolution a copy of any document by which the matter was referred to dispute resolution.

(3) The adjudicator shall, upon receiving any representations from a party, give a copy of them to the other party and shall request (in writing) a party to whom a copy of the representations is given to make within a specified period any written observations which it wishes to make on those representations.

(4) For the purposes of assisting in consideration of the matter, the adjudicator may–

(a) invite representatives of the parties to appear before the adjudicator to make oral representations either together or, with the agreement of the parties, separately, and may in advance provide the parties with a list of matters or questions to which the adjudicator wishes them to give special consideration;

(b) consult other persons whose expertise the adjudicator considers will assist in consideration of the matter.

(5) Where the adjudicator consults another person under sub-paragraph (4)(b), the adjudicator shall notify the parties accordingly and, where the adjudicator considers that the interests of any party might be substantially affected by the result of the consultation, the adjudicator shall give to the parties such opportunity as the adjudicator considers reasonable in the circumstances to make observations on those results.

(6) In considering the matter, the adjudicator shall consider–

(a) any written representations made in response to a request under sub-paragraph (1)(b), but only if they are made within the specified period;

(b) any written observations made in response to a request under sub-paragraph (3), but only if they are made within the specified period;

(d) the results of a consultation under sub-paragraph (4)(b); and

(e) any observations made in accordance with an opportunity given under sub-paragraph (5).

(7) In this Schedule, “specified period” means such period as the adjudicator shall specify in the request being not less than two, nor more than four, weeks beginning with the date on which the notice referred to is given but the adjudicator may, if the adjudicator considers that there is good reason for doing so, extend any such period (even after it has expired) and, where the adjudicator does so, a reference in this paragraph to the specified period is to the period as so extended.

5.  Subject to the other provisions of this Schedule and to any agreement by the parties, the adjudicator shall have discretion in determining the procedure of the dispute resolution to ensure the just, expeditious, economical and final determination of the dispute.

6.  The determination, and the reasons for it shall be recorded by the adjudicator in writing and notice of the determination (including the record of the reasons) shall be given to the parties and to the Scottish Ministers.