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The National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

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11.—(1) In any case in which paragraph 5(6) of Schedule 3 falls to be applied, the Scottish Ministers shall arrange to convene in accordance with this paragraph the National Appeal Panel, the members of which shall be drawn from–

(a)the lists maintained in accordance with paragraph 3(4); and

(b)the nominees proposed in accordance with paragraph 9.

(2) No member of the National Appeal Panel shall be a member of–

(a)the Board or the Pharmacy Practices Committee of the Board which considered the application; or

(b)any Board which was notified in terms of paragraph 1(1)(d) of Schedule 3 and which submitted representations in accordance with that paragraph.

(3) The National Appeal Panel shall consist of nine members of whom–

(a)one shall be chair appointed as provided for in paragraph 10;

(b)one shall be vice chair and likewise be appointed as such in accordance with the terms of paragraph 10;

(c)four shall be pharmacists, one of whom has been nominated by the Scottish Department of Royal Pharmaceutical Society of Great Britain and the other three by an organisation which is recognised by the Scottish Ministers as being representative of the general body of pharmacy contractors; and of the said four members two shall be persons whose names are, or who are employees of persons whose names are, included in a pharmaceutical list; and

(d)three shall be persons nominated by a Board none of whom is, or has been previously, a doctor, dentist, ophthalmic optician or a pharmacist nor a person employed by a doctor, dentist, ophthalmic optician or pharmacist.

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