Regulation 146 Reference of appeal to the boardI1
Scotland
On receiving a notice of appeal, the scheme manager must refer the appeal to a board of medical referees (“the board”).
The board is to consist of not less than three medical practitioners appointed by, or in accordance with arrangements made by, the scheme manager.
One member of the board must be a specialist in a medical condition relevant to the appeal.
One member of the board must be appointed as chairperson.
Where there is an equality of votes among the members of the board, the chairperson is to have a second or casting vote.
As soon as reasonably practicable after referring an appeal to the board, the scheme manager must supply the board’s administrator with three copies of—
the notice of appeal;
the notice of the relevant determination;
the opinion, response or evidence (as the case may be) supplied to the appellant (P); and
every other document in its possession or under its control which appears to it to be relevant to the issue that is the subject of the appeal.
The board must arrange for one of their number to review those documents (‘the reviewing member’).
As soon as reasonably practicable after concluding the review, the reviewing member must give written notice to the scheme manager—
of any other information which the reviewing member considers would be desirable so as to provide the board with sufficient information for the purpose of enabling the board to determine the appeal; and
if it is the case, that it is the reviewing member’s opinion that the board may regard the appeal as frivolous, vexatious or manifestly ill-founded.
On receipt of the reviewing member’s notice under paragraph (8)(a), the scheme manager must use its best endeavours to obtain any information specified in that notice.
Where the scheme manager receives a notice under paragraph (8)(b), it must as soon as reasonably practicable—
send a copy of the opinion to P; and
by written notice to P—
advise P that, if P’s appeal is unsuccessful, P may be required to pay the scheme manager’s costs, and
require P to notify it within 14 days of the date of the notice, whether P intends to pursue or withdraw the appeal.
The scheme manager must notify to the board any response by P under paragraph (10)(b)(ii).