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

Notices to be sent to respondent etc in case of an inquiry

9.—(1) The Tribunal shall, unless it refuses to hold an inquiry in terms of regulation 8 (power of the Tribunal to refuse an inquiry), send to the respondent–

(a) a notice in terms of Form 2 informing the respondent that representations have been made and that the respondent may, within 4 weeks from the date of receipt of the notice, submit to the clerk to the Tribunal a written statement-in-answer in accordance with regulation 11(1);

(b) 1 copy of the representations made by the complainer and of each document, if any, which accompanied them;

(c) information as to arrangements by which any document which the complainer proposes to put in evidence, but which the complainer is not required to submit copies of in accordance with regulation 6(4), may be examined by the respondent; and

(d) 1 copy of any further statement furnished by the complainer under regulation 7 (power of the Tribunal to require further statement).

(2) The clerk to the Tribunal shall, unless the Tribunal refuses to hold an inquiry in terms of regulation 8 (power of the Tribunal to refuse an inquiry), send to each Health Board or primary care NHS trust, not being the complainer but in whose list the name of the respondent is included, at the same time as the clerk to the Tribunal sends a notice to the respondent in terms of paragraph (1)–

(a) a notice in terms of Form 3 informing them that representations have been made in respect of the respondent and that they may, within 4 weeks from the date of receipt of the notice, submit to the clerk to the Tribunal a written statement in accordance with regulation 11(2);

(b) 1 copy of the representations made by the complainer and of each document, if any, which accompanied them;

(c) information as to arrangements by which any document which the complainer proposes to put in evidence, but which the complainer is not required to submit copies of in accordance with regulation 6(4), may be examined by the Health Board or primary care NHS trust; and

(d) 1 copy of any further statement furnished by the complainer under regulation 7 (power of Tribunal to require further statement).

(3) In relation to a fraud case, the clerk to the Tribunal shall, at the same time as the clerk sends notice to the respondent in terms of paragraph (1), inform the Scottish Ministers in writing, and the Scottish Ministers shall send to the respondent and every Health Board and primary care NHS Trust, notice–

(a) that the respondent is subject to an inquiry in a fraud case; and

(b) that no Health Board or primary care NHS Trust may add the respondent to any list until the proceedings in that case are finally concluded.

(4) The Tribunal may, if it thinks fit, accept–

(a) a statement-in-answer by the respondent; or

(b) a statement by any other Health Board or primary care NHS trust concerned,

after the period within which it is required to be submitted in terms of paragraph (1)(a) or (2)(a).