Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Appeal to Scottish Ministers

This section has no associated Executive Note

9.—(1) A practitioner may appeal to the Scottish Ministers–

(a)against a finding of fact, or an inference drawn from a finding of fact pursuant to regulation 8(1)(a) or (b), which (in either case) is adverse to the practitioner;

(b)against any determination by a Health Board under regulation 8(1)(c)(ii);

(c)in respect of a determination by a Health Board that an overpayment has or has not been made in respect of the practitioner’s remuneration;

by giving notice of an appeal in accordance with paragraph (2).

(2) A notice of an appeal under this regulation shall–

(a)be in writing;

(b)be sent to the Scottish Ministers within 30 days beginning on the date on which notice of the appropriate Health Board’s determination was given to the practitioner under regulation 8(5); and

(c)contain a concise statement of the grounds of appeal upon which the practitioner intends to rely in respect of each ground of appeal.

(3) Subject to paragraph (6), on an appeal to which paragraph (1)(a) or (c) applies, the Scottish Ministers shall consider the appeal on the basis of the evidence available to the discipline committee and of any further evidence adduced on the appeal, and shall–

(a)make such findings of fact as they see fit;

(b)draw such inferences from those findings as they see fit;

(c)in the case of an appeal to which paragraph (1)(a) applies–

(i)determine whether or not the practitioner has failed to comply with any one or more of the terms of service detailed in the appropriate Health Board’s statement of case; and

(ii)determine in accordance with any one or more of the provisions of regulation 8(3)(a), (b), (c), (d) or (e) (as modified in accordance with paragraph (5) of this regulation) or regulation 11, whether any, and if so what, action should be taken in relation to that practitioner; and

(d)in the case of an appeal to which paragraph (1)(c) applies, determine whether there has been an overpayment and, if so, of what amount.

(4) On an appeal to which paragraph (1)(b) applies, the Scottish Ministers shall–

(a)accept as conclusive–

(i)those findings of fact made by the discipline committee which were necessary for the purpose of the Health Board’s determination under regulation 8(1)(c)(ii); and

(ii)the inferences specified in the discipline committee’s report pursuant to paragraph 7(1)(c) of Schedule 2; and

(b)determine in accordance with any one or more of the provisions of regulation 8(3)(a), (b), (c) and (d) (as modified in accordance with paragraph (5) of this regulation) or regulation 11, whether any, and if so, what action should be taken in relation to the practitioner.

(5) For the purposes of paragraphs (3)(c)(ii) and (4)(b) of this regulation, regulation 8(3) and (4) shall have effect as if for any reference to “the appropriate Health Board” there were substituted a reference to “the Scottish Ministers”.

(6) The practitioner may withdraw his or her appeal at any time before it is determined–

(a)by giving notice in writing to the Scottish Ministers of his or her intention to do so; and

(b)with the consent of the Scottish Ministers.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources