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

Statement by the Tribunal following review

25.—(1) As soon as may be practicable after the conclusion of an inquiry in relation to an application, the Tribunal shall prepare a statement under the hand of the chairman of the Tribunal who presided over the inquiry stating–

(a) its findings of fact;

(b) the conclusions it has reached;

(c) any determination it makes in accordance with section 30(2) or (5), and where applicable, subsection (6), of the 1978 Act, or where it is of the opinion that the disqualification of the applicant for inclusion in any list to which a direction under paragraph 4(1) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act related should be removed, a direction under paragraph 5 (termination of directions) of the said Schedule to that effect; and

(d) any order it makes as to expenses.

(2) The clerk to the Tribunal shall–

(a) send a copy of the statement prepared pursuant to paragraph (1) to–

(i) the Scottish Ministers;

(ii) the applicant; and

(iii) the respondent;

(b) where the Tribunal, following a review –

(i) in the case of a practitioner subject to a disqualification, or a conditional disqualification, does not remove the disqualification or conditional disqualification, under section 30(2) or (5) of the 1978 Act;

(ii) in the case of a practitioner subject to a declaration of unfitness, does not provide that a declaration of unfitness is to cease to have effect under section 30(2) of the 1978 Act; or

(iii) in the case of a practitioner subject to a direction under paragraph 4(1) of Schedule 1 (preferential treatment on transferring to medical lists) to the 1997 Act, does not make a direction under paragraph 5 (termination of directions) of Schedule 1 to the 1997 Act(1),

inform the practitioner of the practitioner’s right of appeal under section 11 of the Tribunal and Inquiries Act 1992 in respect of the Tribunal’s decision.

(3) Except for a Health Board or primary care NHS trust to whom a copy of the statement has been sent pursuant to paragraph (2)(a), the Scottish Ministers shall send a copy of the statement to such Health Boards or primary care NHS trusts or relevant professional body as appear to them concerned.

(1)

1997, c. 46.