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

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Attendance at hearing

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5.—(1) Subject to the provisions of regulation 16 (attendance by member of Council on Tribunals), the hearing before the discipline committee shall be in private, and no person shall be admitted to it unless he or she is a person specified in sub–paragraph (2).

(2) The persons specified for the purposes of sub–paragraph (1) are–

(a)subject to sub–paragraph (3), no more than one member or officer of the appropriate Health Board and the practitioner;

(b)any person permitted under sub–paragraph (3) to accompany a party;

(c)subject to sub–paragraph (5), any person whose attendance is required for the purpose of giving evidence to the discipline committee;

(d)not more than 2 officers of the Health Board which has appointed the discipline committee, who have been authorised by that Health Board to attend for the purpose of assisting the discipline committee in the discharge of its functions;

(e)not more than one person who is a member or officer of the relevant area professional committee of the appropriate Health Board and who is authorised by that committee to attend the hearing on its behalf as an observer only;

(f)where the parties all consent, and the discipline committee considers it appropriate, any other person.

(3) Subject to sub–paragraph (4), a party may be accompanied at the hearing by one other person who may assist in the presentation of his or her case.

(4) No officer or member of any Health Board or of any of its discipline committees referred to in regulation 3(1) shall be permitted to accompany the practitioner.

(5) Any person permitted to attend the hearing under sub–paragraph (2)(c) for the purpose of giving evidence shall, unless the discipline committee otherwise directs, be excluded from the hearing except while giving evidence.

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