National Health Service (Scotland) Act 1978

Section 29.

SCHEDULE 8 S The Tribunal

1 The Tribunal for the purposes of section 29 shall consist of a chairman and 2 other members.

2 The chairman shall be a practising advocate or solicitor of not less than 10 years’ standing appointed by the Lord President of the Court of Session.

3 One of the other members shall be a person appointed by the Secretary of State after consultation with such body as the Secretary of State may recognise as being representative of Health Boards.

4 The remaining member (hereafter referred to as “the practitioner member”) shall be appointed by the Secretary of State from such one of the panels appointed under paragraph 5 as the Secretary of State considers appropriate having regard to the profession or calling of the person whose case is being investigated.

5 For the purposes of paragraph 4, the Secretary of State shall, after consultation with such organisations as he may recognise as representative of the several professions or callings concerned, appoint the following panels, none of which shall exceed 6 persons, that is to say:—

(a) a panel of medical practitioners;

(b) a panel of medical practitioners having the qualifications prescribed under section 26;

(c) a panel of dental practitioners;

(d) a panel of ophthalmic opticians;

(e)

F1 (f) a panel of registered pharmacists.

Textual Amendments

F1 Sch. 8 para. 5(e) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

6 If any member of the Tribunal is unable to act in any case a deputy may be appointed by the Lord President of the Court of Session or the Secretary of State, as in the case of the appointment of the member in question; and, if the member is the chairman, the deputy shall possess the professional qualifications required for the office of chairman, and, if the member is the practitioner member, the deputy shall be appointed from the same panel.

7 S Regulations may make provision—

(a) with respect to the appointment, tenure of office and vacation of office of members of the Tribunal;

(b) with respect to the appointment of officers of the Tribunal.

Valid from 01/01/1996

[F2 8 (1) The functions of the Tribunal shall be exercised by three members consisting of—

(a) the chairman or a deputy chairman,

(b) a person appointed under paragraph 1(c) above, and

(c) a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

(2) In sub-paragraph (1)(c) above, the reference to the person concerned is—

(a) in the case of functions under section 29, to the person to whom the representations in question relate,

(b) in the case of functions under section 30 (or paragraph 6 of Schedule 15), to the person whose disqualification is under consideration,

(c) in the case of functions under section 32A, to the person to whom the application in question relates, and

(d) in the case of functions under section 32B, to the person in relation to whom the application of section 32A(3) may be continued.

(3) In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).]

Textual Amendments

F2 Sch. 8 para. 8 added (1.1.1996) by 1995 c. 31, s. 12(3); S.I. 1995/3214, art. 2(1), Sch. (with art. 3)