The National Health Service (Tribunal) (Scotland) Regulations 2004

Power to dispense with oral inquiry

20.—(1) Subject to paragraph (2), notwithstanding anything in these Regulations, where–

(a) the grounds on which representations are based consist solely of an allegation that the respondent has been convicted of a criminal offence; and

(b) the respondent admits the truth of such allegation,

the Tribunal may, with the consent of the respondent, dispense with an oral inquiry and determine the representations upon such documentary evidence as may be submitted to it.

(2) Where the Tribunal has determined to decide the case on documentary evidence pursuant to paragraph (1), but proposes to give a direction under section 32B(1) of the 1978 Act (continuation of suspension pending appeal)(1), it shall before doing so give notice to the Health Board or primary care NHS trust and the respondent of its intention to hold an oral inquiry relating to that proposal, and shall then hold an oral inquiry.

(1)

Section 32B(1) of the 1978 Act was inserted by National Health Service (Amendment) Act 1995 (c. 31), section 8 and amended by the Health Act 1999 (c. 8), Schedule 4, paragraph 51 and Schedule 5.