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PART 4APPEALS AND MEDICAL QUESTIONS

Appeal to board of medical referees

31.—(1) Where a person is dissatisfied with the decision of the selected medical practitioner as set out in a report under regulation 30(6), the person may, within 28 days after the person has received a copy of that report or such longer period as the police authority may allow, and subject to and in accordance with the provisions of Schedule 6, give notice to the police authority that the person appeals against that decision.

(2) In any case where within a further 28 days of that notice being received (or such longer period as the police authority may allow) that person has supplied to the police authority a statement of the grounds of their appeal, the police authority shall notify the Scottish Ministers of the appeal and provide as necessary documentation in relation to that appeal and the Scottish Ministers shall appoint a board of medical referees to decide the appeal.

(3) The decision of the board of medical referees shall, if it disagrees with any part of the report of the selected medical practitioner, be expressed in the form of a report of its decision on any of the questions referred to the selected medical practitioner on which it disagrees with the latter’s decision, and the decision of the board of medical referees shall, subject to the provisions of regulation 32, be final.