The Police Pensions (Scotland) Regulations 2007

Appeal to board of medical referees

72.—(1) Where a person is dissatisfied with the decision of the selected medical practitioner on the question or questions referred to the practitioner as set out in a report under regulation 71(7) that 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 regulation 74, give notice to the police authority that that 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 that person’s appeal, the police authority shall, except in a case where the person concerned and the police authority agree to a further reference to the selected medical practitioner in accordance with regulation 73(1), notify the Scottish Ministers accordingly and refer the appeal to a board of medical referees (“the appeal board”), appointed in accordance with arrangements approved by the Scottish Ministers, to decide.

(3) The decision of the appeal board 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 appeal board shall, subject to the provisions of regulation 73, be final.