The Children’s Hearings (Scotland) Act 2011 (National Convener Appeal against Dismissal) Regulations 2011

Determination of appeal

8.—(1) Ministers may on determining the appeal allow the appeal or dismiss it.

(2) Where Ministers allow the appeal, they may—

(a) where the dismissal of the National Convener has already taken effect—

(i) direct CHS to reinstate the National Convener with effect from such date as Ministers specify;

(ii) direct that CHS make payment to the National Convener of such sum as Ministers consider appropriate taking into account any loss sustained by the National Convener in relation to benefits to which the National Convener would otherwise have been entitled had the National Convener’s appointment not been terminated; and

(iii) direct CHS as to the extent to which the National Convener is for the purposes of pay and other conditions of service to be treated as having served continuously in office from the date of dismissal appealed against to the date of reinstatement; or

(b) in any other case, direct that the dismissal of the National Convener by CHS will not take effect.

(3) CHS must comply with any directions under this regulation.