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The National Health Service (Service Committees and Tribunal) Regulations 1992

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regulations 13(9) and 14(9)

SCHEDULE 6ORAL REPRESENTATIONS

1.—(1) Of the three persons to be appointed under regulation 13(8) or 14(8) for the purpose of hearing oral representations—

(a)one shall be a barrister or a solicitor, who shall act as chairman; and

(b)subject to sub-paragraphs (2) and (3), the remaining two shall be—

(i)where the practitioner is a doctor, doctors,

(ii)where the practitioner is a dentist, dentists,

(iii)where the practitioner is an ophthalmic medical practitioner, ophthalmic medical practitioners,

(iv)where the practitioner is an optician, opticians,

(v)where the practitioner is a chemist, registered pharmacists.

(2) In any case to which sub-paragraph (1)(b)(i) applies, one of the doctors shall be selected from the doctors' panel.

(3) In any case to which sub-paragraph (1)(b)(ii) applies, one of the dentists shall be selected from the dentists' panel.

2.  The Secretary of State shall, not later than 21 days before the date on which the oral representations are to be heard, give notice in writing to the practitioner and the FHSA of the date, time and place fixed for the hearing.

3.  At any hearing—

(a)the practitioner may attend in person and may be represented by counsel, solicitor or any other person, and

(b)the FHSA may—

(i)be represented by one of its members or officers, and

(ii)take such part in the hearing as the persons appointed to hold the hearing may think proper.

4.  The procedure at any hearing shall be such as the persons appointed to hold the hearing may determine.

5.  Following the hearing the persons appointed shall report to the Secretary of State with their recommendations on the questions referred to them under regulation 13(8) or, as the case may be, regulation 14(8).

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