The National Health Service (Service Committees and Tribunal) (Scotland) Amendment (No. 2) Regulations 2005

Made8th June 2005

Laid before the Scottish Parliament9th June 2005

Coming into force1st July 2005

The Scottish Ministers, in exercise of the powers conferred by sections 17P, 25(2), 26(2), 27(2), 105(7), sections 106(a) and 108(1) of the National Health Service (Scotland) Act 19781 and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals and its Scottish Committee in accordance with section 8(1) and (3) of the Tribunal and Inquiries Act 19922, hereby make the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the National Health Service (Service Committees and Tribunal) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 1st July 2005.

2

In these Regulations “the principal Regulations” means the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 19923.

Amendment of the principal Regulations2

1

In regulation 1(2) of the principal Regulations (citation, commencement and interpretation)4 for the definition of “optician”, substitute–

“optician” means an ophthalmic optician;

2

In regulation 3(4) of the principal Regulations (provisions relating to the start of disciplinary proceedings)5 for paragraph (a) substitute–

a
the complainant, the person who is the subject of the complaint and the Health Board have been notified in writing of the results of the conciliation process by the conciliator appointed in accordance with directions given under section 2(5) of the Act; or

ANDREW P KERRA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh8th June 2005

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992 (“the principal Regulations”) which make provision as to the investigation of matters relating to services provided by doctors, dentists, pharmacists, ophthalmic medical practitioners and opticians under arrangements with Health Boards.

Regulation 2(1) amends the definition of “optician” in regulation 1 of the principal Regulations (citation, commencement and interpretation) to mean an ophthalmic optician, as defined in section 108 of the National Health Service (Scotland) Act 1978 (“the Act”).

Regulation 2(2) amends regulation 3(4) of the principal Regulations (provisions relating to the start of disciplinary proceedings), which makes provision about the manner in which an allegation ceases to be the subject of a complaint being investigated. Regulation 2(2) replaces regulation 3(4)(a) and provides that an allegation remains the subject of a complaint being investigated until the conclusion of the conciliation process. Arrangements for the conciliation process are provided by the Directions to Health Boards and the Agency on Complaints Procedure, made on 31 March 2005, given under section 2(5) of the Act.