The National Health Service (Discipline Committees) (Scotland) Regulations 2006

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

3. PART II INVESTIGATION OF DISCIPLINARY MATTERS

   1. 3. Establishment of committees

   2. 4. Provisions relating to the start of disciplinary proceedings

   3. 5. Referral to discipline committee

   4. 6. Time limits

   5. 7. Investigations by discipline committees

   6. 8. Determination of appropriate Health Board

   7. 9. Appeal to Scottish Ministers

   8. 10. Procedure on appeal to Scottish Ministers

   9. 11. Recovery of amounts from practitioners following appeal

   10. 12. Death of practitioner

   11. 13. Investigation of excessive undertaking of eye examinations, excessive issuing of optical vouchers or excessive prescribing of supplements

4. PART III MISCELLANEOUS

   1. 14. Service of notices, etc

   2. 15. Power to dispense with requirements as to notices

   3. 16. Attendance by member of Council on Tribunals

5. PART IV TRANSITIONAL PROVISIONS AND REVOCATIONS

   1. 17. Transitional provisions

   2. 18. Revocations

6. Signature

7. 1. SCHEDULE 1

      CONSTITUTION OF DISCIPLINE COMMITTEES

      1. 1. A discipline committee other than a joint discipline committee shall...

      2. 2. (1) A joint discipline committee shall consist of–

      3. 3. (1) As respects each discipline committee not fewer than one...

      4. 4. (1) The chairperson of a discipline committee shall be a...

      5. 5. (1) A person shall be appointed to act as deputy...

      6. 6. (1) Subject to the other provisions of this Schedule, a...

      7. 7. A person who is a member of a discipline committee...

      8. 8. In this Schedule– (a) “lay member” in relation to a...

   2. SCHEDULE 2

      PROCEDURE FOR INVESTIGATION BY DISCIPLINE COMMITTEES

      1. 1. Health Board’s statement of case

      2. 2. Disciplinary matters in relation to deputies

      3. 3. Response of practitioner

      4. 4. Preparation for the hearing

      5. 5. Attendance at hearing

      6. 6. Procedure at the hearing

      7. 7. Discipline committee’s report

      8. 8. Provisions as to quorum, composition and voting

      9. 9. Interpretation

   3. SCHEDULE 3

      PROVISIONS AS TO APPEAL HEARINGS

      1. 1. Subject to the provisions of these Regulations the procedure at...

      2. 2. The chairperson may by notice require any person–

      3. 3. The chairperson may administer oaths and examine witnesses on oath,...

      4. 4. Any person who refuses or wilfully neglects to attend a...

      5. 5. Subject to the provisions of these Regulations, the hearing may...

      6. 6. The Scottish Ministers may make orders as to the expenses...

      7. 7. Any order by the Scottish Ministers under paragraph 6 may...

   4. SCHEDULE 4

      ADVISORY COMMITTEES

      1. PART I SPECIFIED FAILURES TO COMPLY WITH TERMS OF SERVICE

         1. 1. A failure to exercise a reasonable standard of professional or...

         2. 2. A failure to exercise a proper degree of skill and...

      2. PART II THE MEDICAL ADVISORY COMMITTEE

         1. 3. The committee (in these Regulations referred to as the Medical...

         2. 4. The Medical Advisory Committee shall consist of 2 medical practitioners...

      3. PART III THE DENTAL ADVISORY COMMITTEE

         1. 5. The committee (in these Regulations referred to as the Dental...

         2. 6. The Dental Advisory Committee shall consist of 2 dental practitioners...

   5. SCHEDULE 5

      REVOCATIONS

8. Explanatory Note