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

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4.—(1) The chairperson of a discipline committee shall be a solicitor or advocate appointed by the Health Board.

(2) The Health Board shall, within 14 days of making an appointment under sub–paragraph (1), give notice in writing of the appointment to the other members of the discipline committee.

(3) Where, within 14 days of notice being sent under sub–paragraph (2), a statement duly signed in accordance with sub–paragraph (4) is sent to the Health Board asserting that the chairperson appointed by the Health Board is not acceptable to the signatories of the statement, the Health Board shall within 30 days of receipt of that statement refer the matter of the appointment to the Scottish Ministers.

(4) For the purposes of sub–paragraph (3) a statement must be signed–

(a)in the case of a discipline committee other than a joint discipline committee, by all the members, other than the chairperson;

(b)in the case of a joint discipline committee, by all the members other than the chairperson.

(5) Where the matter of the appointment is referred to the Scottish Ministers under sub–paragraph (3), they may, after consultation with the Health Board and the relevant area professional committee, appoint another person to be chairperson of the discipline committee; and the chairperson appointed by the Health Board shall cease immediately to hold office as chairperson and member of that committee.

(6) A person appointed as chairperson of a discipline committee who is already a member of that discipline committee shall, on appointment as chairperson, cease to be a member otherwise than in his or her capacity as chairperson and a new member shall be appointed to take his or her place.

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