The Police Pensions (Scotland) Amendment Regulations 2003

15.  In Schedule H–

(a) for paragraph 2 substitute–

“2.   On receiving an appeal against a certificate issued under regulation H1(2)(c) or (d) or an appeal and the appellants grounds for appeal in appeals made against a report issued under regulation H1(5), the police authority, unless Regulation H3(2) applies, shall forward to the Scottish Ministers copies of the appeal and all other documents determined as necessary by the Scottish Ministers.”;

(b) for paragraph 3 substitute–

“3.— (1) The Scottish Ministers shall refer an appeal to a board of medical referees and shall supply them with copies of the police authority’s decision, the certificate or report, as the case may be, of the selected medical practitioner, the appellant’s notification of appeal and the appellant’s written statement of the grounds for appeal, and any other relevant information, in appeals made against a report issued under regulation H1(5).

(2) The board of medical referees shall consist of not less than three medical practitioners appointed by, and in accordance with, arrangements made by the Scottish Ministers, provided that–

(a) at least one member of the board of medical referees shall be a specialist in a medical condition relevant to the appeal;

(b) one member of the board of medical referees will be appointed chairman; and

(c) where there is an equality of voting among members of the board of medical referees, the chairman shall have a second or casting vote.

(3) The board of medical referees shall appoint a time and place for interviewing the appellant and for any such further interviews or examinations as it may consider necessary and shall give not less than 21 days notice thereof to the appellant and police authority.”;

(c) for paragraph 4 substitute–

“4.— (1) Where either party to the appeal intends to submit written evidence or a written statement at an interview arranged under paragraph 3 above that party shall, subject to paragraph (2) submit it to the board of medical referees, the other party and the Scottish Ministers not less than 10 days before the date appointed for the interview.

(2) Where any written evidence or statement has been submitted under paragraph (1), any written evidence or statement in response may be submitted by the other party to the board of medical referees, the party submitting the first-mentioned evidence or statement and the Scottish Ministers at any time not less than 5 days before the date appointed for the interview.

(3) Where any written evidence or statement is submitted in contravention of paragraphs (1) or (2) the board of medical referees may postpone or adjourn the date appointed for the interview.

(4) References in paragraphs (1) and (2) to periods of days shall exclude weekends and public holidays.”;

(d) for paragraph 6 substitute–

“6.   The board of medical referees shall supply the police authority, the appellant and the Scottish Ministers with a written report of its decision on the relevant medical issues. In the case where the selected medical practitioner has issued a certificate and the board of medical referees disagrees with any part of that certificate the board of medical referees shall provide a revised certificate detailing its decision.”;

(e) for paragraph 7 substitute–

“7.— (1) There shall be paid to the board of medical referees–

(a) such fees as are determined in accordance with arrangements made by the Scottish Ministers; or

(b) where no such arrangements have been made, such fees and allowances as the Scottish Ministers may from time to time determine.

(2) Any fees and allowances payable to the board of medical referees under paragraph (1) shall be paid by the police authority and shall be treated as part of the expenses of the police authority for the purposes of this Schedule, except that any fees and allowances payable in consequence of–

(a) the withdrawal or postponement of an interview; or

(b) a postponement or adjournment which is the result of any written evidence or statement being made to the board of medical referees outwith the time limits specified in paragraph 4 above,

may be recovered, in whole or in part, by the police authority from the party or parties whose actions or omissions resulted in the withdrawal, postponement or adjournment of the interview.”; and

(f) in paragraph 8–

(i) in sub-paragraph (2) for “medical referee” substitute “board of medical referees” and for “referee's” substitute “board of medical referees”;

(ii) after “police authority,” insert “and reports that in its opinion the appeal was frivolous or vexatious”; and

(iii) in sub-paragraph (3) for “medical referee” substitute “board of medical referees”.