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

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Preparation for the hearing

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4.—(1) The Health Board which has appointed the discipline committee shall–

(a)inform the parties in writing–

(i)that there will be a hearing;

(ii)of the names of the members and deputy members of the discipline committee;

(b)send to the parties copies of any further correspondence relevant to the disciplinary matter; and

(c)request in writing each party to forward to the discipline committee, within 14 days from the date of the request, a copy of any documentary evidence, and the names of any witnesses, which that party proposes to produce or call at the hearing.

(2) The Health Board which has appointed the discipline committee shall give to the parties and the Secretary of the relevant area professional committee of the appropriate Health Board not less than 21 days' notice in writing of the date, time and place of the hearing and shall include with the notice to each party–

(a)a copy of any documents supplied by the other party in response to the request under sub–paragraph (1)(c);

(b)a request to that party to notify the discipline committee in writing whether or not he or she intends to attend the hearing.

(3) The chairperson of the discipline committee may, on the application of any party, postpone the hearing if satisfied that the attendance of the party or any witness on the date fixed for the hearing is not reasonably practicable, or for any other reason he or she thinks fit, in which case the provisions of sub–paragraph (2) shall apply as respects the postponed hearing.

(4) The Health Board which has appointed the discipline committee shall, not less than 7 days before the date fixed for the hearing, supply to each member of the discipline committee and to the area professional committee of the appropriate Health Board copies of–

(a)the appropriate Health Board’s statement of case;

(b)any response of the practitioner;

(c)any further observations or correspondence between the parties;

(d)any documentary evidence submitted under paragraph (1)(c); and

(e)any comments made under paragraph 2(2)(a)(ii).

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