Procedure and costs on appeals under regulation 72
74.—(1) Every notice of appeal under regulation 72(1) and statement of grounds under regulation 72(2) shall be in writing.
(2) On receiving a notice of appeal against a decision made under regulation 71(7) and the appellant’s statement of grounds for appeal, the police authority, unless regulation 73(1) applies, shall forward to the Scottish Ministers copies of the appeal documents and all other documents determined as necessary by the Scottish Ministers.
(3) The Scottish Ministers shall refer an appeal to a board of medical referees and shall supply the board with documents supplied under (2) and any other relevant information.
(4) The appeal board shall consist of not less than 3 medical practitioners, appointed by, and in accordance with, arrangements approved by the Scottish Ministers, of whom at least 1 member shall be a specialist in a medical condition relevant to the appeal and 1 member shall be appointed chairman; and where there is an equality of voting among members of the appeal board, the chairman shall have a second or casting vote.
(5) The appeal board shall appoint a time and place for hearing the appeal (“the hearing”), at which it may interview or examine the appellant, and for any such further hearings as it may consider necessary, and shall give not less than 2 months' notice, or such shorter period as the police authority and appellant may agree, of the hearing to the appellant and police authority (“the parties to the appeal”).
(6) (a) Where either party to the appeal intends to submit written evidence or a written statement at a hearing arranged under paragraph (5), that party shall, subject to sub-paragraph (b), submit it to the appeal board, the other party and Scottish Ministers not less than 10 days before the date appointed for the hearing;
(b)where any written evidence or statement has been submitted under sub-paragraph (a), any written evidence or statement in response may be submitted by the other party to the appeal board and the party submitting the first-mentioned evidence or statement at any time not less than 5 days before the date appointed for the hearing;
(c)the appeal board may postpone or adjourn the date appointed for the hearing where any written evidence or statement is submitted in contravention of sub-paragraphs (a) and (b) or it appears necessary to do so for the proper determination of the appeal; and
(d)References in sub-paragraphs (a) and (b) to periods of days shall exclude weekends and public holidays.
(7) Any hearing (including any medical examination) may be attended by–
(a)the selected medical practitioner or, in the practitioner’s absence, a duly qualified medical practitioner appointed for the purpose by the police authority; and
(b)a duly qualified medical practitioner appointed for the purpose by the appellant,
although they may only observe any examination; and if any hearing includes a medical examination then only medical practitioners may be present for that part of the hearing.
(8) The appeal board shall supply the police authority, the appellant and the Scottish Ministers with a written statement of its decision. Where the appeal board disagrees with any part of the selected medical practitioner’s report, the appeal board shall supply a revised report.
(9) There shall be paid to the members of the appeal board–
(a)such fees as are determined in accordance with arrangements made by the Scottish Ministers; or
(b)where no such arrangements have been made, such fees and allowances as the Scottish Ministers may from time to time determine;
and any fees or allowances so payable shall, subject to paragraph (10)(c) and (e), be paid by the police authority and shall be treated as part of the expenses of the police authority for the purposes of this regulation.
(10) (a) Subject to the following provisions of this paragraph, the expenses of each party to the appeal shall be borne by that party;
(b)where a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the police authority less than 22 days (excluding weekends and public holidays) before the date appointed for the hearing, the appeal board shall require the police authority to pay to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending or arranging to attend the cancelled, adjourned or postponed hearing, as the case may be;
(c)if the appeal board determines that a hearing has been cancelled, adjourned or postponed at the request of, or due to the actions or omissions of, the appellant less than 22 days (excluding weekends and public holidays) before the date appointed for the hearing the police authority may, subject to sub-paragraph (d), require the appellant to pay towards the cost of the cancellation, adjournment or postponement, as the case may be, such sum not exceeding the total costs of the cancellation, adjournment or postponement, as the case may be, as the authority thinks fit;
(d)if the appeal board, after taking account of any representations from either party, decides that the cancellation, adjournment or postponement, as the case may be, was not due to any fault on the part of the appellant and the appellant should not pay towards the cost of the said cancellation, adjournment or postponement, it shall state that this is the case and the police authority shall not require the payment of any such costs;
(e)where the appeal board decides in favour of the police authority and reports that in its opinion the appeal was frivolous or vexatious, the authority may, subject to sub-paragraph (f), require the appellant to pay towards the cost of the appeal such sum not exceeding the total fees and allowances of the members of the appeal board as the authority thinks fit;
(f)if the appeal board, after taking account of any representations from either party, decides there are exceptional reasons why the appellant should not pay towards the cost of the appeal, it shall state that this is the case and the police authority shall not require the payment of any such costs;
(g)where the appeal board decides in favour of the appellant, the police authority shall refund to the appellant any expenses actually and reasonably incurred by the appellant in respect of attending any such hearing as is mentioned in sub-paragraph (5).