The National Health Service (Tribunal) (Scotland) Regulations 2004

Applications for interim suspension

22.—(1) An application for interim suspension under section 32A (applications for interim suspension) of the 1978 Act(1) shall–

(a) be signed by a person authorised by the Health Board or primary care NHS trust;

(b) include a statement of the alleged facts and the grounds on which the Health Board or primary care NHS trust intends to rely; and

(c) include 2 copies of any document which the Health Board or primary care NHS trust proposes to put in evidence,

and shall be sent to the clerk to the Tribunal.

(2) The statement mentioned in paragraph (1)(b) may make reference to any other document already sent to the Tribunal.

(3) Subject to paragraph (7), the clerk to the Tribunal shall send to the respondent–

(a) notice informing the respondent of the application, of the intention to hold an inquiry on a date to be fixed and that the respondent may, within 2 weeks from the date of receipt of the notice, submit a written statement-in-answer;

(b) a copy of the application made by the complainer and of each document, if any, which accompanied it; and

(c) where paragraph (2) applies, any document which is referred to in the statement.

(4) The Tribunal may, if it thinks fit, accept a statement-in-answer by the respondent after the period within which it is required to be submitted in terms of paragraph (3)(a).

(5) Where a respondent submits a statement-in-answer the respondent shall send to the clerk to the Tribunal 2 copies of the statement-in-answer and of each document which the respondent proposes to put in evidence, and the clerk to the Tribunal shall send to the complainer a copy of each of any such statement or document.

(6) Subject to paragraph (7), after the expiry of the period within which a respondent may submit a statement-in-answer the clerk to the Tribunal shall fix a date and time at which the inquiry shall commence and the place where it will be held, and not less than 2 weeks before the date fixed shall inform the complainer and respondent of the date, time and place of the inquiry.

(7) At any time before the inquiry commences, notwithstanding the provisions of paragraphs (3) or (6), the Tribunal may, on the application of the complainer, including a statement of grounds for the application, if it is satisfied that there are exceptional reasons to do so–

(a) fix a date and time at which an inquiry shall commence, and place where it will be heard, as soon as may be practicable; and

(b) give such opportunity to the respondent to submit a statement-in-answer and give such notice to the complainer and the respondent of the date, time and place of the inquiry as it considers just and proper to give the respondent an opportunity to appear before the Tribunal either–

(i) in person;

(ii) by counsel or solicitor; or

(iii) by such other representative referred to in regulation 18(1)(b)(iii) to (v), and

to be heard and to call witnesses and produce other evidence.

(8) The Tribunal may, at any time before the conclusion of any inquiry, allow the complainer to amend the terms of the application upon such conditions as it may think fit.

(9) The provisions of regulations 13 (power to postpone inquiry), 16 (failure to appear at inquiry), 18 (representations and evidence at inquiry), 19 (procedure at and provisions as to inquiry) and 20 (power to dispense with oral inquiry) shall have effect with respect to an inquiry held in relation to an application for interim suspension as they apply in relation to representations, as if–

(a) in regulation 16 “regulation 12 (notice of inquiry)” read “regulation 22(6) or (7); and

(b) in regulation 20–

(i) in paragraph (1)–

(aa) “Subject to paragraph (2),” were omitted;

(bb) “representations are” read “an application for interim suspension is”; and

(cc) “representations” in the second place where it occurs read “application for interim suspension”; and

(ii) paragraph (2) were omitted.

(1)

Section 32A of the 1978 Act was inserted by the National Health Service (Amendment) Act 1995 (c. 31), section 8 and amended by the Health Act 1999 (c. 8), Schedule 4, paragraph 51 and Schedule 5, and the Community Care and Health (Scotland) Act 2002 asp 5, Schedule 2, paragraph 2.