The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003

Appeal to the Scottish Ministers

14.—(1) A medical practitioner whose–

(a) application for inclusion in a supplementary list is refused under regulation 9; or

(b) application to be approved to assist in the provision of services under regulation 8(3) is refused,

may appeal on a point of law to the Scottish Ministers.

(2) A practitioner may appeal by sending to the Scottish Ministers a notice of appeal within 21 days, or within such longer period as the Scottish Ministers may for reasonable cause allow, of the date on which notice of the decision of the Board is given to that practitioner.

(3) A notice of appeal shall contain a concise statement of the point or points of law in respect of which the practitioner contends that the decision of the Board is erroneous.

(4) If it appears to the Scottish Ministers that the appeal is of such a nature that it can properly be determined without a hearing, they may determine the appeal summarily without a hearing and shall send their decision to the appellant and the Board.

(5) If the Scottish Ministers are of the opinion that a hearing is required, they shall appoint–

(a) a person who is an advocate or a solicitor; and

(b) where they see fit, one or more other persons,

to hear the appeal.

(6) A hearing shall take place at such time and place as the Scottish Ministers may direct and notice of the hearing shall be sent by post to the appellant and the Board not less than 14 days before the date fixed for the hearing.

(7) The appellant may attend and be heard in person or by counsel or solicitor or other representative and the Board may be represented at the hearing by any duly authorised member or official or by counsel or solicitor.

(8) Subject to the provisions of this regulation, the procedure at the hearing shall be such as the person or persons hearing the appeal may determine.

(9) The person or persons hearing the appeal shall report thereon to the Scottish Ministers, stating the relevant facts and conclusions, and the Scottish Ministers after taking such report into consideration shall give their decision and send it to the appellant and the Board.

(10) Where, on allowing an appeal, the Scottish Ministers remit an application to the Board for reconsideration–

(a) they shall give to the Board such directions as appear to them to be desirable with a view to ensuring the proper determination of the application in accordance with the relevant law; and

(b) the Board shall redetermine the application and in so doing shall comply with any directions given by the Scottish Ministers under sub-paragraph (a).