The National Health Service (Vocational Training for General Dental Practice) (Scotland) Regulations 2004

Procedure on appeal

5.—(1) A dentist, whose application for a vocational training number has been refused by the Board, may appeal against the refusal by giving to the Appeal Body, within 42 days after that dentist has received notice of the refusal pursuant to regulation 2(7) (or such extended period as the Appeal Body may allow pursuant to paragraph (2)), a written notice of appeal setting out a statement of the facts and contentions on which the dentist intends to rely.

(2) The convener may agree to an extension or further extension of the period of 42 days for lodging an appeal (either before or after that period has expired).

(3) In any case in which a dentist appeals to the Appeal Body in terms of paragraph (1), that dentist shall also send a copy of the written notice of appeal to the Board.

(4) The Board shall, within 21 days of the date of receipt of the copy notice of appeal referred to in paragraph (3), send to the Appeal Body a statement, signed and dated, saying whether or not the appeal is opposed.

(5) The convener may agree to an extension or further extension of the period of 21 days referred to in paragraph (4) for lodging the statement by the Board (either before or after that period has expired).

(6) On receipt of a notice of appeal, the Appeal Body shall appoint an Appeal Committee to determine the appeal and the Appeal Committee shall consist of the convener and two other persons, of whom–

(a) one shall be drawn from the dentists appointed to the Appeal Body under regulation 4(1) following their nomination under regulation 4(2)(b); and

(b) the other shall be drawn from the dentists appointed to the Appeal Body under regulation 4(1) following their nomination under regulation 4(2)(c).

(7) If the appeal is opposed by the Board, the Board shall reply within 21 days of the receipt of a copy of the written notice of appeal under paragraph (3) and shall–

(a) set out fully on what grounds the appeal is opposed;

(b) specify any representations which the Board may desire to submit with regard to the information furnished by the dentist; and

(c) send to the Appeal Body–

(i) a certified copy of the application made by the dentist under regulation 2(1);

(ii) a certified copy of the notice to the dentist and the statement of reasons specified in regulation 2(7);

(iii) certified copies of any further written correspondence between the dentist and the Board in relation to the application; and

(iv) any documentary evidence which the Board may desire to submit.

(8) In connection with an appeal, the Appeal Committee may require such further particulars from the dentist and such documents in support of the dentist’s appeal, and may make such inquires of such persons as it thinks fit.

(9) The Appeal Committee shall send to the dentist and to the Board (if the appeal is opposed) a copy of any comments made by such persons in reply to those inquiries and shall give the dentist and the Board (if the appeal is opposed) a period of 21 days beginning with the date on which the comments are sent to the respective parties in which to reply to such comments.

(10) The Appeal Committee shall give notice to the dentist that the dentist may, within such period as is specified in the notice, require the Appeal Committee to give the dentist an opportunity of appearing before and being heard by that Committee.

(11) The Appeal Committee shall appoint a date, time and place for the consideration of the appeal, and may, or shall if so required by the dentist, hold a hearing for that purpose.

(12) If a hearing is to be held, the Appeal Committee shall appoint a date, time and place for the hearing and, not less than 21 days before the date, shall send notice to the dentist and to the Board informing them of such date, time and place.

(13) At a hearing by the Appeal Committee, the dentist may appear and be heard in person or by counsel or a solicitor or by any other person on their behalf, and the Board may appear and be represented by counsel or a solicitor or by any duly authorised member or officer.

(14) The dentist may withdraw the appeal at any time.

(15) Where the dentist has required a hearing but does not appear and is not represented at the hearing, and the Appeal Committee are not satisfied that there was good reason for the failure to appear or be represented, they may treat the requirement as having been withdrawn and either hold no hearing or proceed with the hearing in the absence of the dentist.

(16) If there is a hearing, the proceedings of the Appeal Committee shall be conducted in private, unless the dentist requests a public hearing.

(17) The Appeal Committee shall determine the appeal and shall, within 10 days of that determination, notify the dentist and the Board in writing of their decision and the reasons for it.

(18) Where the Board receives notice that a dentist’s appeal has been allowed, it shall allocate a vocational training number to the dentist, notify the dentist of that number within 10 days, and enter that number in its register of vocational training numbers.

(19) Subject to the foregoing paragraphs, the procedure of the Appeal Body and of the Appeal Committee shall be such as that Body and Committee respectively thinks fit.