SCHEDULES
SCHEDULE 8 The Tribunal
F1C11
The Tribunal shall consist of—
a
a chairman appointed by the Lord President of the Court of Session,
b
such number of deputy chairmen as may be so appointed,
c
such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,
d
such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,
e
such number of medical practitioners having the qualifications prescribed under section 26 as the Secretary of State may appoint for the purposes of this sub-paragraph,
f
such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,
g
such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and
h
such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.
F22
A person appointed as the chairman or a deputy chairman shall be a practising—
a
advocate; or
b
solicitor,
of not less than ten years’ standing.
F33
Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such body as the Secretary of State may recognise as representative of Health Boards.
F44
Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.
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
F11f
a panel of registered pharmacists.
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
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.
F58
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 F6as it has effect in relation to the functions mentioned below, the reference to the person concerned is—
a
in the case of functions under F7section 29 to 29C, 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 F8disqualification or conditional 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 F9section 32A(3) may be made to apply or continue to apply.
2A
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3
In the case of functions under section 32A or 32B, sub-paragraph (1) above is subject to section 32C(2)(b).