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The Police Pensions Amendment (Scotland) Regulations 2004

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16.  In Schedule H–

(a)For paragraph 1, substitute–

1.  Every notice of appeal under Regulation H2(2A) and statement of grounds under Regulation H2(2B)(a) shall be in writing..

(b)For paragraph 2, substitute–

2.  On receiving a notice of appeal against a report issued under regulation H1 and the appellant’s statement of grounds for appeal, the police authority, unless Regulation H3(2) applies, shall forward to the Scottish Ministers copies of the appeal and all other documents that are determined as necessary by the Scottish Ministers..

(c)In paragraph 3(1)–

(i)for “certificate or report, as the case may be” substitute “report”;

(ii)omit “, in appeals made against a report issued in regulation H1(5)”.

(d)For paragraph 5, substitute–

5.(1) Any hearing (including any examination) may be attended by–

(a)the selected medical practitioner; and

(b)a duly qualified medical practitioner appointed for the purpose by the appellant,

although they may only observe any examination.

(2) If the selected medical practitioner does not attend any examination then a duly qualified medical practitioner appointed for that purpose by the police authority may attend the examination as an observer.

(3) If any hearing includes an examination, then only medical practitioners may be present for that part of the hearing..

(e)For paragraph 6, substitute–

6.  The board of medical referees shall supply the police authority, the appellant and the Scottish Ministers with a written statement of its decision, and where the board of medical referees disagrees with any part of the selected medical practitioner’s report, the board of medical referees shall provide a revised report..

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