Regulation 9 Appeal to Scottish MinistersI1

Scotland

(1)

A practitioner may appeal to the Scottish Ministers–

(a)

against a finding of fact, or an inference drawn from a finding of fact pursuant to regulation 8(1)(a) or (b), which (in either case) is adverse to the practitioner;

(b)

against any determination by a Health Board under regulation 8(1)(c)(ii);

(c)

in respect of a determination by a Health Board that an overpayment has or has not been made in respect of the practitioner’s remuneration;

by giving notice of an appeal in accordance with paragraph (2).

(2)

A notice of an appeal under this regulation shall–

(a)

be in writing;

(b)

be sent to the Scottish Ministers within 30 days beginning on the date on which notice of the appropriate Health Board’s determination was given to the practitioner under regulation 8(5); and

(c)

contain a concise statement of the grounds of appeal upon which the practitioner intends to rely in respect of each ground of appeal.

(3)

Subject to paragraph (6), on an appeal to which paragraph (1)(a) or (c) applies, the Scottish Ministers shall consider the appeal on the basis of the evidence available to the discipline committee and of any further evidence adduced on the appeal, and shall–

(a)

make such findings of fact as they see fit;

(b)

draw such inferences from those findings as they see fit;

(c)

in the case of an appeal to which paragraph (1)(a) applies–

(i)

determine whether or not the practitioner has failed to comply with any one or more of the terms of service detailed in the appropriate Health Board’s statement of case; and

(ii)

determine in accordance with any one or more of the provisions of regulation 8(3)(a), (b), (c), (d) or (e) (as modified in accordance with paragraph (5) of this regulation) or regulation 11, whether any, and if so what, action should be taken in relation to that practitioner; and

(d)

in the case of an appeal to which paragraph (1)(c) applies, determine whether there has been an overpayment and, if so, of what amount.

(4)

On an appeal to which paragraph (1)(b) applies, the Scottish Ministers shall–

(a)

accept as conclusive–

(i)

those findings of fact made by the discipline committee which were necessary for the purpose of the Health Board’s determination under regulation 8(1)(c)(ii); and

(ii)

the inferences specified in the discipline committee’s report pursuant to paragraph 7(1)(c) of Schedule 2; and

(b)

determine in accordance with any one or more of the provisions of regulation 8(3)(a), (b), (c) and (d) (as modified in accordance with paragraph (5) of this regulation) or regulation 11, whether any, and if so, what action should be taken in relation to the practitioner.

(5)

For the purposes of paragraphs (3)(c)(ii) and (4)(b) of this regulation, regulation 8(3) and (4) shall have effect as if for any reference to “the appropriate Health Board” there were substituted a reference to “the Scottish Ministers”.

(6)

The practitioner may withdraw his or her appeal at any time before it is determined–

(a)

by giving notice in writing to the Scottish Ministers of his or her intention to do so; and

(b)

with the consent of the Scottish Ministers.

Annotations

Commencement

I1: Reg. 9 in force at 1.7.2006, see reg. 1(1)