Conduct rules - no longer in force

STATUTORY INSTRUMENTS

 

1988 No. 2255

MEDICAL PROFESSION

The Communitybaptistpa Preliminary Proceedings Committee

and Professional Conduct Committee (Procedure) Rules

Order of Council 1988*

Made . . . . . 21st December 1988

Laid before Parliament 22nd December 1988

Coming into force . 15th January 1989

At the Council Chamber, Whitehall, the 21st day of December 1988

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas in pursuance of paragraphs 1 and 5 of schedule 4 to the Medical Act 1983(a) the Communitybaptistpa have made the Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:

And whereas by sub-paragraph (5) of the said paragraph 1 such Rules shall not come into force until approved by Order of the Privy Council:

Now, therefore, Their Lordships, having taken the said Rules into consideration, are pleased to approve the same as set out in the Appendix to this Order.

This Order may be cited as the Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council 1988, and shall come into force on 15th January 1989.

The Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order of Council 1980(b) is hereby revoked.

G I de Deney

Clerk of the Privy Council

*as amended by the Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) (Amendment) Rules 1988, 1989, 1990, 1994 and 1996, the Communitybaptistpa (Professional Performance) Rules 1997, the Communitybaptistpa (the Professional Conduct Committee, the Health Committee, the Committee on Professional Performance) (Amendment) Rules 2000, the Communitybaptistpa (Fitness to Practise Committees) Rules 2000, the Communitybaptistpa (Fitness to Practise Committees) (Amendment) Rules 2002, the Communitybaptistpa Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules 2003, and the Medical Act 1983 (Amendment) Order 2002 (Transitory Provisions) Order of Council 2003.

(a) 1983 c.54

(b) S.I. 1980/858.

 


 

APPENDIX

THE GENERAL MEDICAL COUNCIL PRELIMINARY PROCEEDINGS COMMITTEE AND PROFESSIONAL CONDUCT COMMITTEE

(PROCEDURE) RULES 1988

PART I

PRELIMINARY

1. Citation and commencement

2. Interpretation

3. Times and places of meetings of the committees

PART II

INITIAL CONSIDERATION OF CASES

4. Appointment of member to conduct initial consideration of cases

5. Allegations as to conviction

6. Allegations as to professional misconduct

7. Furnishing evidence of fitness to practise

8. Invitation to practitioner to appear before the Interim Orders

Committee in certain circumstances

9. Duty to supply rules

10. (Deleted 2000)

PART III

PROCEDURE OF THE PRELIMINARY PROCEEDINGS COMMITTEE

11. Determination by Preliminary Proceedings Committee

12. Referral to Interim Orders Committee

13. Further investigations and provisional determination

14. Fresh allegations as to conviction or conduct

15. Preliminary Proceedings Committee to meet in private

16. Non-disclosure of documents or reasons in cases not referred for inquiry

PART IV

INTERMEDIATE PROCEDURES WHERE A CASE IS REFERRED TO THE PROFESSIONAL CONDUCT COMMITTEE

17. Notice of Inquiry

18. Postponement of inquiry

19. Cancellation of inquiry

20. Access to documents

21. Notice to produce documents

22. Amendment of charge before the opening of an inquiry

22A. Referral to Interim Orders Committee by the Professional Conduct Committee

PART V

PROCEDURE OF THE PROFESSIONAL CONDUCT COMMITTEE AT THE ORIGINAL HEARING OF ANY CASE

23. Procedure where the practitioner does not appear

24. Opening of inquiry - Reading of charge, submission of objections and amendment of charge

25. Cases relating to conviction

26. Circumstances, character, history and pleas in mitigation in cases relating to conviction

27. Cases relating to conduct

28. Circumstances, character, history and pleas in mitigation in cases relating to conduct

29. Finding of serious professional misconduct

30. Determination whether to make a direction

31. Directions of the Committee

32. Order for immediate suspension of registration

33. Failure to comply with interim conditional registration

33A. Orders for interim suspension or interim conditional registration

34. Announcement of findings, direction, etc. of Committee

35. Cases relating both to conviction and to conduct

36. Inquiries into charges against two or more practitioners

PART VI

RESUMED HEARINGS BY THE PROFESSIONAL CONDUCT COMMITTEE

37. Direction for resumed hearing

38. Notice of resumed hearing

39. New charge at resumed hearing

40. Procedure at resumed hearing

41. Procedure following postponement under rule 30

42. Procedure where conditional registration has been imposed

43. Procedure where registration has been suspended

44. Announcement of determination at resumed hearing

45. Subsequent application of rules where case is continued

PART VII

APPLICATIONS FOR RESTORATION AFTER ERASURE

46. Procedure for consideration of applications for restoration

PART VIIA

APPLICATIONS FOR RESTORATION AFTER ERASURE UNDER THE MEDICAL PRACTITIONERS (VOLUNTARY ERASURE AND RESTORATION) REGULATIONS 2000

46A. Procedure for consideration of applications for restoration

PART VIII

GENERAL

47. Adjournment of proceedings

48. Exclusion of public from hearings in certain cases

49. Consideration of confidential reports at resumed hearings

50. Evidence

51. Reference and transfer of cases to the Health Committee

52. Voting

53. Representation

53A. Notification of directions of the Professional Conduct Committee.

54. Postal service of documents

55. Record of proceedings

56. Revocation

SCHEDULE 1 - Provisions as to meetings of the Preliminary Proceedings Committee and of the Professional Conduct Committee

SCHEDULE 2 - Form of notice of an inquiry

SCHEDULE 3 - Statutory Declaration to be made by an applicant for restoration to the Register


The Communitybaptistpa, in exercise of their powers under paragraphs 1 and 5 of Schedule 4 to the Medical Act 1983, and after consulting with such bodies of persons representing medical practitioners as appeared to the Council to be requisite, as required by those paragraphs, hereby make the following Rules:-

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988, and shall come into operation on 15th January 1989.

Interpretation

2.-(1) In these Rules, unless the context otherwise requires:-

"the Act" means the Medical Act 1983;

"case relating to conviction" means a case where it is alleged that a practitioner has been convicted, whether while so registered or not, in the British Islands of a criminal offence, or has been convicted elsewhere of an offence which, if committed in England or Wales, would constitute a criminal offence;

"case relating to conduct" means a case where a question arises whether conduct of a practitioner constitutes serious professional misconduct;

"the Committee" means, in Part III of the rules, the Preliminary Proceedings Committee and, in Parts IV to VIIA of the rules, the Professional Conduct Committee;

"complainant" means a body or person by whom a complaint has been made to the Council;

"the Council" means the Communitybaptistpa or a Committee of the Council acting under delegated power;

"the Health Committee (Procedure) Rules" means Rules made by the Council in the exercise of the powers conferred on them by paragraph 1 of Schedule 4 to the Act and references to those Rules are to the Rules currently in force and, unless the contrary intention appears, to such Rules as amended;

"lay person" means a person who is neither fully registered nor a holder of any qualification registrable under the Act;

"the legal assessor" means an assessor appointed by the Council under paragraph 7 of Schedule 4 to the Act;

"medical screener" means any registered medical practitioner appointed under rule 4(2);

"party" has the meaning given in paragraph 13 of Schedule 4 to the Act;

"practitioner" means a person registered (in any way) under the Act and includes a person who has previously been registered and whose registration is currently suspended under section 36, 41A, 41B or 44(5) of the Act; and references to the practitioner, in relation to any complaint, information or proceedings, are references to the practitioner who is alleged to have been convicted, or whose fitness to practise or conduct is or has been called into question, as the case may be;

"the President" means the President of the Council

"the Register", in relation to fully or provisionally registered persons, means the Register of Medical Practitioners, and in relation to persons with limited registration means the Register of Medical Practitioners with limited Registration;

"the Registrar" means the Registrar of the Council;

"the Restoration Regulations" means the Communitybaptistpa (Restoration and Registration Fees Amendment) Regulations 2003();

"the Solicitor" means any Solicitor, or any firm of Solicitors, appointed by the Council or any partner of such a firm;

"the Voluntary Erasure Regulations" means the Communitybaptistpa (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2003();

(1A) Any reference to a direction given under rule 37, or to the exercise of powers under that rule, by the Chairman of the Preliminary Proceedings Committee shall in relation to a case where such a direction was given or such powers exercised before 3rd August 2000 be read as a reference to a direction given or powers exercised by the President.

(2) In these Rules, unless the context otherwise requires, a reference

(a) to a numbered rule or Schedule is to the rule in or Schedule to these rules bearing that number;

(b) in a rule or Schedule to a numbered paragraph is to the paragraph in that rule or Schedule bearing that number;

(c) in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.

Times and places of meetings of the committees

3. The provisions of Schedule 1 shall have effect as to the times and places of meetings of the Preliminary Proceedings Committee and of the Professional Conduct Committee and the mode of summoning members.

PART II

INITIAL CONSIDERATION OF CASES

Appointment of member to conduct initial consideration of cases

4.-(1) No case shall be considered by the Preliminary Proceedings Committee unless it has first been considered-

(a) by a medical screener appointed by the Council under paragraph (2), or

(b) by a person appointed under rule 5(2) or (3) of the Health Committee (Procedure) Rules, or exercising the President’s powers or functions under rule 5(4) of those Rules,

and referred by that screener or person to the Committee.

(2) The Council shall appoint one or more registered medical practitioners to act as medical screeners for the purposes of these Rules.

(3) (Deleted 2000)

(4) (Deleted 2000)

(5) The Council shall also appoint lay persons to advise any medical screener for the purposes of Rule 6(3A).

Allegations as to conviction

5.-(1) Where information in writing is received by the Registrar from which it appears to him that a practitioner has been convicted of a criminal offence in the British Islands or has been convicted of an offence elsewhere which, if committed in England or Wales would constitute an offence-

(a) in a case of conviction for an offence which the Registrar considers to be a minor motoring offence, the case shall not proceed further;

(b) in a case of conviction where a custodial sentence has been imposed (but excepting any case where the sentence was suspended), the Registrar may refer the case direct to the Professional Conduct Committee for inquiry unless it is his opinion that such direct referral would not be in the public interest;

(c) in any other case of conviction including any case which the Registrar has determined not to refer direct to the Professional Conduct Committee under rule 5(1)(b), the Registrar shall refer the case to the medical screener.

(1A) In a case where subparagraph (b) of paragraph (1) applies, the Registrar shall notify the practitioner as soon as practicable that the case has been referred to the Professional Conduct Committee.

(2) Unless the case is dealt with under the Health Committee (Procedure) Rules in pursuance of the proviso to rule 7 of these Rules, the medical screener shall refer every case submitted to him under this rule to the Preliminary Proceedings Committee.

(3) Where a case is referred to the Preliminary Proceedings Committee under this rule, the Registrar shall give written notice to the practitioner-

(a) that the information referred to in paragraph (1) has been received;

(b) that the case has been referred to the Preliminary Proceedings Committee and of the date of the meeting of the Committee to which the case is referred,

(c) and shall invite the practitioner to submit any observations which he may wish to offer.

(4) The Registrar shall submit to the Preliminary Proceedings Committee any observations or evidence furnished by the practitioner under this rule or rule 7.

Allegations as to professional misconduct

6.-(1) Where a complaint in writing or information in writing is received by the Registrar and it appears to him that a question arises whether conduct of a practitioner constitutes serious professional misconduct the Registrar shall submit the matter to a medical screener.

(2) (deleted 2002)

(3) Unless the case is dealt with under the Health Committee (Procedure) Rules in pursuance of the proviso to rule 7 of these Rules, the medical screener shall refer to the Preliminary Proceedings Committee a case submitted to him under paragraph (1), if he is satisfied from the material available in relation to the case that it is properly arguable that the practitioner's conduct constitutes serious professional misconduct.

(3A) The medical screener shall seek the advice of a lay person appointed under rule 4(5) in relation to any case submitted to him under paragraph (1) which he does not propose to refer to the Preliminary Proceedings Committee, and he shall direct that no further action be taken in the case only if the lay person so consulted agrees.

(4) Where the medical screener refers a case to the Preliminary Proceedings Committee under this rule he shall direct the Registrar to give written notice to the practitioner—

(a) notifying him of the receipt of a complaint or information and stating the matters which appear to raise a question as to whether the conduct of the practitioner constitutes serious professional misconduct;

(b) (deleted 2002)

(c) informing the practitioner of the date of the meeting of the Preliminary Proceedings Committee to which the case is referred; and

(d) inviting the practitioner to submit any explanation which he may have to offer.

(5) Where a case is referred to the Preliminary Proceedings Committee under this rule, the medical screener shall submit to the Committee any complaint, information, explanation or other evidence furnished under this rule or rule 7 which relates to the case.

(6) In any case where the medical screener decides not to refer a case to the Preliminary Proceedings Committee, the practitioner and the person from whom the complaint or information was received shall be informed but shall have no right of access to any document relating to the case submitted to the Council by any other person.

"(7) Subject to paragraph (8), an allegation of misconduct in a case relating to conduct may not be referred to the Preliminary Proceedings Committee under this rule if, at the time when the complaint was first made to the Council, more than five years had elapsed since the events giving rise to that allegation.

(8) Where an allegation of misconduct in a case relating to conduct is made more than five years after the events giving rise to that allegation, the medical screener may nevertheless direct that the case be referred to the Preliminary Proceedings Committee if, in his opinion, the public interest requires this in the exceptional circumstances of that case.

Furnishing evidence of fitness to practise

7. If in a case (whether relating to conviction or conduct) it appears to the medical screener that the fitness to practise of the practitioner may be seriously impaired by reason of a physical or mental condition the medical screener shall also direct the Registrar to inform the practitioner accordingly and to invite him to furnish medical evidence of his fitness to practise for consideration by the Preliminary Proceedings Committee:

Provided that nothing in these Rules shall prevent the medical screener in such a case from remitting it to the person appointed under rule 5 of the Health Committee (Procedure) Rules for action under those Rules, or, if he is himself that person, from initiating action under those Rules, as an alternative to referring the case to the Preliminary Proceedings Committee.

Invitation to practitioner to appear before the Interim Orders Committee in certain circumstances

8. If in any case (whether relating to conviction or conduct) it appears to the medical screener that the circumstances are such that the Interim Orders Committee may wish to make an order for interim suspension or for interim conditional registration under section 41A of the Act, he shall refer the case to the Interim Orders Committee.

Duty to supply rules

9. The Registrar shall send a copy of these rules with any notice sent for the purpose of rule 5(3), 6(4) or 8.

10. (Deleted 2000)

PART III

PROCEDURE OF THE PRELIMINARY PROCEEDINGS COMMITTEE

Determination by Preliminary Proceedings Committee

11.-(1) The Committee shall consider any case referred to them under Part II of these Rules or under the provisions of the Health Committee (Procedure) Rules and, subject to those rules, determine:

(a) that the case shall be referred to the Professional Conduct Committee for inquiry, or

(b) that the case shall be referred to the Health Committee for inquiry, or

(c) that the case shall not be referred to either Committee.

(2) When referring a case to the Professional Conduct Committee the Committee shall indicate the convictions, or the matters which in their opinion appear to raise a question whether the practitioner has committed serious professional misconduct, to be so referred and to form the basis of the charge or charges:

Provided that, where the Committee refer any case relating to conduct to the Professional Conduct Committee and the Solicitor (or the complainant) later adduces grounds for further allegations of serious professional misconduct of a similar kind, such further allegations may be included in the charge or charges in the case, or the evidence of such grounds for further allegations may be introduced at the inquiry in support of that charge or those charges, notwithstanding that such allegations have not been referred to the Committee or formed part of the subject of a determination by the Committee.

(3) Before referring a case to the Health Committee the Committee may direct the Registrar to invite the practitioner to submit to examination by one or more medical examiners, to be chosen by the Chairman of the Committee from among those nominated under Schedule 2 to the Health Committee (Procedure) Rules, and to agree that such examiners should furnish to the Council reports on the practitioner’s fitness to practise, either generally or on a limited basis, with recommendations for the management of his case. If the Committee consider that the information before them is sufficient to justify reference to the Health Committee, but that the Health Committee would be assisted by such reports, they may refer the case forthwith but invite the practitioner to submit to examination as aforesaid before the case is considered by the Health Committee.

(4) When referring a case to the Health Committee the Committee shall indicate the nature of the alleged condition by reason of which it appears to them that the fitness to practise of the practitioner may be seriously impaired.

(5) If the Committee decide not to refer a case to the Professional Conduct Committee or to the Health Committee, the Registrar shall inform the practitioner and the complainant (if any) of the decision in such terms as the Committee may direct.

(6) The Committee shall not consider any case relating to the conduct of a practitioner and referred to the Committee under rule 6 before the expiry of the period of 28 days beginning with the date of despatch of the notice given to the practitioner under rule 6(4) unless the practitioner consents.

Referral to Interim Orders Committee

12. If in any case it appears to the Committee that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act, the Committee shall refer the case to the Interim Orders Committee.

Further investigations and provisional determination

13.-(1) Before coming to a determination under rule 11(1) the Committee may if they think fit cause to be made such further investigations, or obtain such advice or assistance from the Solicitor, as they may consider requisite.

(2) Where the Committee are of opinion that further investigations are desirable, or where at the time when the Committee are considering a case no explanation or observations have yet been received from the practitioner, they may if they think fit make a provisional determination that the case shall be referred to the Professional Conduct Committee or to the Health Committee and where they make such a determination-

(a) the Chairman of the Committee may subsequently direct either that no reference shall be made or that the Committee’s determination shall become absolute;

(b) if the Committee directs that no reference shall be made, the Registrar shall inform the practitioner and the complainant (if any) in such terms respectively as the Committee may direct.

Fresh allegation as to conviction or conduct

14.-(1) This rule applies where:

(a) in any case relating to conviction the Committee determine that no inquiry shall be held; or

(b) in any case relating to conduct

(i) under rule 6(3) the medical screener decides that no reference to the Committee is to be made; or

(ii) the Committee determine that no reference for inquiry shall be made,

and the Registrar, at any time within the two years following that determination or decision, receives information that the practitioner has been convicted in the British Isles of a criminal offence or has been convicted of an offence elsewhere which, if committed in England or Wales, would constitute an offence or receives information or a complaint as to the practitioner’s conduct.

(2) Where this rule applies, the medical screener may direct that the original conviction or complaint be referred, or referred again, to the Committee, as well as the later conviction, information or complaint.

(3) In any case where the decision under paragraph (1)(b)(i) was made before 3rd August 2000, the reference there to the medical screener shall be read as a reference to the President.

Preliminary Proceedings Committee to meet in private

15. The Committee shall meet in private.

Non-disclosure of documents or reasons in cases not referred for inquiry

16. Where the Committee have decided not to refer a case for inquiry no complainant, informant or practitioner shall have any right of access to any documents relating to the case submitted to the Council by any other person, nor shall the Committee be required by a complainant, informant, or practitioner to state reasons for their decision.

PART IV

INTERMEDIATE PROCEDURES WHERE A CASE IS REFERRED TO THE PROFESSIONAL CONDUCT COMMITTEE

Notice of Inquiry

17.-(1) As soon as may be after a case has been referred to the Committee for inquiry, the Registrar shall send to the practitioner in compliance with rule 54 a notice, in these rules called a ‘Notice of Inquiry’, which shall:

(a) specify, in the form of a charge or charges, the matters into which the inquiry is to be held, and

(b) state the day, time and place at which the inquiry is proposed to be held.

(2) In a case relating to conduct, the charge shall include a statement which identifies the alleged facts upon which the charge is based.

(3) Except with the agreement of the practitioner, the inquiry

(a) shall not be fixed for any date earlier than twenty-eight days after the date of posting of the Notice of inquiry;

(b) shall not be fixed for any date earlier than six weeks after the date of the meeting of the Preliminary Proceedings Committee at which the case was referred for inquiry.

(4) A Notice of Inquiry shall be in the form set out in Schedule 2, with such variations as circumstances may require.

(5) In any case where there is a complainant, a copy of the Notice of Inquiry shall be sent to him.

Postponement of inquiry

18.-(1) Where the Preliminary Proceedings Committee has referred a complaint or information or a conviction to the Committee for inquiry, the Chairman of the Preliminary Proceedings Committee may if he thinks fit postpone the holding of the inquiry to such later date or meeting of the Committee as he may determine.

(2)Where the Registrar has referred a conviction to the Committee for inquiry, he may if he thinks fit postpone the holding of the inquiry to such later date or meeting of the Committee as he may determine.

(3) The Registrar shall, as soon as may be after any decision to postpone an inquiry, give to all parties to whom a Notice of Inquiry has been sent notification of the decision, and shall inform them at that time or subsequently of the date fixed for the hearing of the postponed inquiry.

Cancellation of inquiry

19.-(1) Where, after the Preliminary Proceedings Committee has referred a complaint or information or a conviction to the Committee for inquiry, it appears to the Chairman of the Preliminary Proceedings Committee (having taken into account any observations of any complainant obtained pursuant to paragraph (1A)) that the inquiry should not be held, he may, after consulting a quorum of the Committee, and if they agree, direct that the inquiry shall not be held; and if at the time the direction is given no Notice of inquiry has been sent, rule 17 shall not have effect:

(1A) In any case where there is a complainant the Registrar shall, before the Preliminary Proceedings Committee considers the case under paragraph (1), communicate or endeavour to communicate with the complainant with a view to obtaining the observations of the complainant as to whether the inquiry should be held.

(2) For the purpose of consultation under paragraph (1) the Preliminary Proceedings Committee shall not be required to meet.

(3) Where, after the Registrar has referred a conviction to the Committee for inquiry, it appears to him that the inquiry should not be held, he may direct that the inquiry shall not be held; and if at the time the direction is given no Notice of Inquiry has been sent, rule 17 shall not have effect.

(4) The Registrar shall, as soon as may be after any decision to cancel an inquiry, give notice thereof to the practitioner and to the complainant (if any).

Delegation to Deputy Chairmen

19A Anything authorised by these Rules to be done by the Chairman of the Preliminary Proceedings Committee may, if he is unavailable or otherwise unable to act, be done by a Deputy Chairman of the Committee.

Access to documents

20. Without prejudice to rule 16 the Solicitor (or the complainant as the case may be) shall on the request of any party to an inquiry and on payment of the proper charges send to him copies of any statutory declaration, affidavit, explanation, answer, admission or other statement or communication sent to the Council by a party to the inquiry or any statement in writing in the possession of the Solicitor or the complainant made by a person who may be called by the Solicitor or the complainant to give evidence at the inquiry, other than medical evidence of fitness to practise furnished in response to an invitation under rule 7 or a confidential communication sent to the Council in response to applications under rules 38(1)(a)(iii) or rule 49(1):

Provided that nothing in this rule shall compel the Solicitor to produce copies of any written advice or other document or communication sent by himself to the Council.

Notice to produce documents

21. Any party to any inquiry may at any time give to any other party notice to produce any document relevant to the inquiry alleged to be in the possession of that party.

Amendment of charge before the opening of an inquiry

22.-(1) Where before a hearing by the Committee it appears to the Chairman of the Preliminary Proceedings Committee (the Chairman) that a charge should be amended, including such amendment as contemplated under the proviso to rule 11(2), the Chairman shall give such directions for the amendment of the charge as he may think necessary to meet the circumstances of the case unless, having regard to the merits of the case, the required amendments cannot be made without injustice.

(2) Where in the opinion of the Chairman it is expedient, in consequence of the exercise by him of the powers conferred by paragraph (1), that the inquiry should be postponed, the Chairman shall give such directions in that behalf as appears necessary.

(3) The Registrar shall as soon as may be give notice in writing to the practitioner and to the complainant (if any) of any exercise by the Chairman of his powers under either paragraph (1) or (2).

Referral to Interim Orders Committee by Professional Conduct Committee

22A. If in any case (whether relating to conviction or conduct) it appears to the Professional Conduct Committee that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act the Professional Conduct Committee shall refer the case to the Interim Orders Committee.

PART V

PROCEDURE OF THE PROFESSIONAL CONDUCT COMMITTEE AT THE ORIGINAL HEARING OF ANY CASE

Procedure where the practitioner does not appear

23.-(1) Where the practitioner does not appear and is not represented, the Committee may nevertheless proceed with the inquiry if the Solicitor satisfies them that all reasonable efforts have been made in compliance with rule 54 to serve the Notice of Inquiry on the Practitioner.

(2) If the Committee are so satisfied they may, if they think fit, proceed and the following provisions of these Rules shall not apply:-

rule 24(2) and (3);

rule 25(1)(c), (d), (e), (f) and (g);

rule 26(2);

rule 27(1)(a), (e), (f), (g), (h), (i) and (j); and

rule 28(2).

Opening of inquiry - Reading of charge, submission of objections and amendment of charge

24.-(1) The inquiry shall open by the reading of the charge or charges to the Committee.

(2) After the reading of the charge or charges the practitioner may submit any objection on grounds of law to any charge or part of a charge and any other party may reply to such an objection.

(3) If any objection raised under paragraph (2) is upheld no further proceedings shall be taken with regard to the charge or part of a charge to which that objection relates.

(4) Where at any stage of an inquiry it appears to the Committee that a charge should be amended, the Committee may, after hearing the parties and consulting the legal assessor, if they are satisfied that no injustice would be caused, make such amendments to the charge as appear necessary or desirable.

Cases relating to conviction

25.-(1) In cases relating to conviction, the following order of proceedings shall be observed as respects proof of convictions alleged in the charge or charges:—

(a) The Solicitor shall adduce evidence of the convictions.

(b) If, as respects any conviction, no evidence is so adduced, the Chairman of the Committee shall announce that the conviction has not been proved.

(c) The Chairman shall ask the practitioner whether he admits each conviction of which evidence is so adduced and, in respect of any conviction so admitted by the practitioner, the Chairman shall announce that the conviction has been proved.

(d) The practitioner may then, in respect of the convictions not admitted, address the Committee and may adduce evidence, oral or documentary, including his own, in his defence.

(e) At the close of the evidence for the practitioner, the Solicitor may, with the leave of the Committee, adduce evidence to rebut any evidence adduced by the practitioner.

(f) The Solicitor may then address the Committee.

(g) The practitioner may then address the Committee.

(2) On the conclusion of the proceedings under paragraph (1), the Committee shall consider every conviction alleged in the charge or charges, other than any conviction admitted by the practitioner or which the Chairman has announced has not been proved, and shall determine whether it has been proved; and the Chairman of the Committee shall announce their determination.

Circumstances, character, history and pleas in mitigation in case relating to conviction

26.-(1) Where the Committee have found that a conviction has been proved the Chairman shall invite the Solicitor to address the Committee, and to adduce evidence, as to the circumstances leading up to the conviction and as to the character and previous history of the practitioner.

(2) The Chairman shall then invite the practitioner to address the Committee by way of mitigation and to adduce evidence as aforesaid.

(3) The Committee shall then proceed in accordance with rules 30 and 31.

Cases relating to conduct

27.-(1) In cases relating to conduct, the following order of proceedings shall be observed as respects proof of the facts alleged in the charge or charges:-

(a) The Chairman shall ask the practitioner whether he admits any or all of the facts alleged in the charge or charges and, in respect of any facts so admitted by the practitioner, the Committee shall record a finding that such facts have been proved and the Chairman shall so announce. Where all the facts are admitted the remainder of this rule other than sub- paragraphs (e) and (f) of this paragraph, shall not apply.

(b) Where none, or some only, of the facts are admitted the Solicitor, or the complainant if any, shall open the case against the practitioner and present the facts alleged on which the charge or charges is or are based.

(c) The Solicitor, or the complainant, as the case may be, may adduce evidence of the facts alleged which have not been admitted by the practitioner.

(d) If as respects any charge no evidence is so adduced, the Committee shall record and the Chairman shall announce a finding that the practitioner is not guilty of serious professional misconduct in respect of the matter to which that charge relates.

(e) At the close of the case against him the practitioner may make either or both of the following submissions, namely:-

(i) in respect of any or all of the facts alleged and not admitted in the charge or charges, that no sufficient evidence has been adduced upon which the Committee could find those facts proved;

(ii) in respect of any charge, that the facts of which evidence has been adduced or which have been admitted are insufficient to support a finding of serious professional misconduct;

and where any such submission is made, the Solicitor or the complainant, as the case may be, may answer the submission and the practitioner may reply thereto.

(f) If a submission is made under the last foregoing paragraph, the Committee shall consider and determine whether the submission should be upheld; and if the Committee determine to uphold such a submission as respects any charge, they shall record, and the Chairman shall announce, a finding that the practitioner is not guilty of serious professional misconduct in respect of the matters to which the charge relates.

(g) The practitioner may then address the Committee concerning any charge which remains outstanding and may adduce evidence, oral or documentary, including his own, in his defence.

(h) At the close of the evidence for the practitioner, the Solicitor or the complainant, as the case may be, may, with the leave of the Committee, adduce evidence to rebut any evidence adduced by the practitioner.

(i) The Solicitor, or the complainant, as the case may be, may then address the Committee.

(j) The practitioner may then address the Committee.

(2) On the conclusion of proceedings under paragraph (1) the Committee shall consider and determine:

(i) which, if any, of the remaining facts alleged in the charge and not admitted by the practitioner have been proved to their satisfaction, and

(ii) whether such facts as have been so found proved or admitted would be insufficient to support a finding of serious professional misconduct, and shall record their finding.

(3) The Chairman shall announce that finding and, if as respects any charge the Committee have found that none of the facts alleged in the charge have been proved to their satisfaction, or that such facts as have been so proved would be insufficient to support a finding of serious professional misconduct, the Committee shall record and the Chairman shall announce a finding that the practitioner is not guilty of serious professional misconduct in respect of the matters to which that charge relates.

Circumstances, character, history and pleas in mitigation in cases relating to conduct

28.-(1) Where, in proceedings under rule 27, the Committee have recorded a finding, whether on the admission of the practitioner or because the evidence adduced has satisfied them to that effect, that the facts, or some of the facts, alleged in any charge have been proved, the Chairman shall invite the Solicitor or the complainant, as the case may be, to address the Committee as to the circumstances leading to those facts, the extent to which such facts are indicative of serious professional misconduct on the part of the practitioner, and as to the character and previous history of the practitioner. The Solicitor or the complainant may adduce oral or documentary evidence to support an address under this rule.

(2) The Chairman shall then invite the practitioner to address the Committee by way of mitigation and to adduce evidence as aforesaid.

Finding of serious professional misconduct

29.-(1) The Committee shall then consider and determine whether, in relation to the facts proved in proceedings under rule 27, and having regard to any evidence adduced and arguments or pleas address to them under rule 28, they find the practitioner to have been guilty of serious professional misconduct. They shall record, and the Chairman shall announce, their finding.

(2) If the Committee determine that the practitioner has not been guilty of such misconduct, they shall record, and the Chairman shall announce, a finding to that effect.

Determination whether to make a direction

30.-(1) Where in any case the Committee have found a conviction proved or have judged that a practitioner has been guilty of serious professional misconduct they may, if they think fit, postpone their determination whether to make a direction until such future date or meeting of the Committee as they may specify, in order to obtain and consider further evidence of the conduct of the practitioner. If they so decide, the Chairman shall announce that decision.

(2) If the Committee decide that no such postponement is necessary, they shall consider and determine whether it shall be sufficient to make no direction and conclude the case and, if they so determine, the Chairman shall, subject to the provisions of rule 34, announce that determination.

Directions of the Committee

31.-(1) If the Committee determine neither to postpone their determination under rule 30(1) nor that it shall be sufficient to conclude the case under rule 30(2), they shall proceed to make a direction in accordance with the following provisions of this rule.

(2) (a) The Committee shall first consider and determine whether it shall be sufficient to direct that the registration of the practitioner shall be conditional on his compliance, during such period not exceeding three years as the Committee may specify, with such requirements as the Committee may think fit to impose for the protection of members of the public or in his interests.

(b) If the Committee so determine they shall then consider and decide the nature and duration of the conditions to be imposed, and shall so direct.

(3) If the Committee determine that it will not be sufficient to impose conditions on the practitioner’s registration they shall next consider and determine whether it shall be sufficient to direct that the practitioner’s registration shall be suspended; and, if they so decide, they shall direct that such suspension should be for such period, not exceeding twelve months, as they may specify in the direction.

(4) If the Committee determine that it will not be sufficient to direct suspension in accordance with paragraph (3), they shall thereupon direct that the name of the practitioner shall be erased from the Register.

5) In any case where the Committee have determined that the registration of any practitioner shall be suspended or be subject to conditions for a specified period, they may, when announcing the direction to give effect to such determination, intimate that they will, at a meeting to be held before the end of such period, resume consideration of the case with a view to determining whether or not they should then direct that the period of suspension or of conditional registration should be extended or the conditions varied or that the name of the practitioner should be erased from the Register.

Order for immediate suspension of registration

32. If in any case the Committee determine to suspend the registration of a practitioner or to erase his name from the Register, the Committee shall then also consider and determine whether it is necessary for the protection of members of the public or would be in the best interests of the practitioner to order that his registration shall be suspended forthwith.

Failure to comply with interim conditional registration

33.-(1) Where, in any case referred by the Preliminary Proceedings Committee, the Interim Orders Committee has made an order for interim conditional registration or, if at a previous hearing the Professional Conduct Committee had made such an order, the Professional Conduct Committee shall first determine whether the practitioner has failed to comply with any of the requirements imposed on him as conditions of his registration.

(2) If the Committee determine that the practitioner has not so failed to comply, they shall proceed in accordance with rule 33A.

(3) If the Committee determine that the practitioner has so failed to comply they may, if they think fit-

(a) exercise their powers under rule 33A; or, if not,

(b) direct that the registration of the practitioner shall be suspended for such period not exceeding 12 months as they may specify; or, if not,

(c) direct that the name of the practitioner shall be erased from the Register.

Orders for interim suspension or interim conditional registration

33A.-(1) Where, in any case referred by the Preliminary Proceedings Committee, an order made by the Interim Orders Committee for interim suspension or for interim conditional registration is in force, (or where an order made under this paragraph by the Professional Conduct Committee is in force), the Professional Conduct Committee may-

(a) revoke the order;

(b) revoke or vary any condition imposed by the order;

(c) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest or is in the interests of the practitioner, make an order that the practitioner’s registration shall be conditional on his compliance, during such period as the Committee may specify, with such requirements as the Committee may think fit to impose for the protection of members of the public or otherwise in the public interest or in his interests; or

(d) if satisfied that to do so is necessary for the protection of members of the public, or is otherwise in the public interest or is in the interests of the practitioner make an order that the practitioner’s registration shall be suspended for such period as they may specify in the order.

(2) When considering whether to make an order under this rule the Committee may invite the Solicitor to address them.

(3) No order may be made under this rule unless the practitioner has been afforded an opportunity of appearing before the Professional Conduct Committee and being heard on the question whether such an order should be made in his case; and for this purpose the practitioner may be represented before the Committee as provided in rule 53(2) and may also be accompanied by his medical adviser:

Provided that, if the practitioner does not appear and is not represented, and the Solicitor satisfies the Committee that the requirements of rule 54 have been met, the Committee may make an order under this rule if they think fit, notwithstanding the practitioner’s failure to appear.

(4) Any order made under paragraph (1)(c) or (d) shall specify a period not exceeding three months.

(5) Any order made under paragraph (1) shall be notified to the practitioner by the Registrar forthwith and in accordance with the requirements of rule 54.

Announcement of findings, direction, etc. of Committee

34. The Chairman shall announce any finding, determination, direction , or revocation of the Committee under these rules in such terms as the Committee may approve and, where the announcement is one that a conviction has been proved or that the practitioner has been judged guilty of serious professional misconduct but the Committee do not propose to make any direction, may, without prejudice to the terms in which any other announcement may be made, include any expression of the Committee’s admonition in respect of the practitioner’s behaviour giving rise to the charge or charges in question.

Cases relating both to conviction and to conduct

35. Where in the case of any inquiry it is alleged against the practitioner both that he has been convicted and that he has been guilty of serious professional misconduct, the following shall be the procedure:-

(a) The Committee shall first proceed with every charge that the practitioner has been convicted until they have completed the proceedings required by rule 25.

(b) The Committee shall then proceed with every charge that the practitioner has been guilty of such conduct as aforesaid until they have completed the proceedings required by rule 27.

(c) The Committee shall then take any proceedings required by any of rules 26 and 28 to 33.

Inquiries into charges against two or more practitioners

36. Nothing in these rules shall be construed as preventing one inquiry being held into charges against two or more practitioners; and where such an inquiry is held the foregoing rules shall apply with the necessary adaptations and subject to any directions given by the Committee as to the order in which proceedings shall be taken under any of those rules in relation to the several practitioners.

PART VI

RESUMED HEARINGS BY THE PROFESSIONAL CONDUCT COMMITTEE

Direction for resumed hearing

37.-(1) Paragraph (1A) applies where the Committee-

(a) have determined that the registration of a practitioner shall be suspended or be subject to conditions for a specified period, but

(b) have given no intimation under rule 31(5).

(1A) If it appears to the Chairman of the Preliminary Proceedings Committee ("the Chairman"), as a consequence of the receipt during that specified period of information as to the conduct or a conviction of the practitioner since the date of the direction to give effect to the determination, that the Professional Conduct Committee should consider whether or not-

(a) the period of suspension or conditional registration should be extended; or

(b) the conditions should be varied or revoked; or

(c) the name of the practitioner should be erased from the Register

he shall direct the Registrar to notify the practitioner that the Professional Conduct Committee will resume consideration of the case at such meeting as the Chairman shall specify.

(2) Where, in any case, the Committee have-

(a) decided to postpone their determination under rule 30 for a specified period or to a specified meeting, or

(b) directed that the practitioner’s registration should be subject to conditions and intimated that they will resume consideration of the case at a specified meeting or date, or

(c) suspended the practitioner’s registration and intimated that they will resume consideration of the case at a specified meeting or date,

and it subsequently appears to the Chairman, in consequence of the receipt of information to the credit or discredit of the practitioner in relation to his conduct since the original hearing, or for some other reason, that the Committee should resume consideration of the case at an earlier meeting or date than that originally specified, the Chairman may direct the Registrar to notify the practitioner that the Committee will resume consideration of the case at such meeting or date as the Chairman shall specify.

(3) Without prejudice to the generality of paragraphs (1), (1A) and (2), wherein any case the Committee have imposed conditions upon a practitioner’s registration, and it appears to the Chairman from information subsequently received that the practitioner is not complying with such conditions, then, whether or not the conditions imposed by the Committee required the practitioner to reappear before them at a future date or meeting, the Chairman may direct the Registrar to notify the practitioner that the Committee will resume consideration of the case at such meeting as the Chairman shall specify.

(4) In any case in which a direction has been given under paragraphs (1) to (3) the Committee shall then resume consideration of the case on the date or at the meeting specified in the direction notwithstanding their earlier decision.

Notice of resumed hearing

38.-(1) Where the Committee are to resume a previous hearing in circumstances specified in paragraph (2) -

(a) the Registrar shall, not later than four weeks before the day fixed for the resumption of the proceedings, send to the practitioner in compliance with rule 54 a Notice which shall-

(i) specify the day, time and place at which the proceedings are to be resumed and invite him to appear thereat;

(ii) in any case where the Chairman of the Preliminary Proceedings Committee has exercised his powers under rule 37(1) to (3) state the nature of the information in consequence of which he has exercised his powers;

(iii) if the Committee have so directed, invite the practitioner to furnish the Registrar with the names and addresses of professional colleagues and other persons of standing to whom the Council will be able to apply for confidential information as to their knowledge of his conduct since the time of the original inquiry;

(b) in any case where there is a complainant a copy of the Notice shall be sent to him.

(2) The circumstances to which paragraph (1) applies shall be:

(i) where under any of the foregoing provisions of these Rules the determination of the Committee in any case stands postponed; or

(ii) where the Committee have directed that the registration of a practitioner shall be conditional or shall be suspended, and have intimated that before the end of the period of conditional registration or suspension they will resume consideration of the case; or

(iii) where the Chairman of the Preliminary Proceedings Committee has so directed under rule 37(1) to (3); or

(iv) where, following reference of a case to the Health Committee, the Health Committee certify to the Committee under rule 51(3), their opinion that the fitness to practise of the practitioner is not seriously impaired by reason of his condition.

New charge at resumed hearing

39.-(1) If, since the original hearing, a new charge or charges against the practitioner have been referred to the Committee, the Committee shall first proceed with such new charge or charges in accordance with the provisions of rule 24 and rule 25 or 27, as the case may be.

(2) The Committee shall take any proceedings required by rule 26 or rules 28 and 29, as the case may be, in relation to such new charge or charges, concurrently with the proceedings prescribed in rule 40 and shall have regard to their findings in relation to such charge or charges in making any direction in accordance with rules 41 to 43.

Procedure at resumed hearing

40.-(1) Subject to the provisions of rule 39, at the meeting at which the proceedings are resumed, the Chairman of the Committee shall first invite the Solicitor to recall, for the information of the Committee, the position in which the case stands.

(2) If in any case the Chairman of the Preliminary Proceedings Committee has exercised his powers under rule 37, the Solicitor shall adduce evidence of the conduct or conviction of the practitioner which led to the exercise of those powers.

(3) The Committee may-

(a) hear any other party to the proceedings,

(b) receive such further oral or documentary evidence in relation to the case, or as to the conduct of the practitioner since the previous hearing, as they think fit; and nothing herein contained shall be construed as preventing the receipt by the Committee of evidence as to any conviction, not being a conviction which is the subject of a charge before the Committee.

(4) The Committee shall then proceed in accordance with the following rules, as the circumstances of the case may so require.

Procedure following postponement under rule 30

41.-(1) If at the previous hearing the Committee, under rule 30, postponed their determination whether to make a direction to enable further evidence to be considered, they shall next consider and decide whether they should further postpone their determination: if they so decide, they may direct such further postponement until such future date or meeting of the Committee as they may specify.

(2) If the Committee decide that they should not further postpone their determination they shall proceed to consider and determine whether it shall be sufficient to make no direction and conclude the case.

(3) If the Committee determine that it shall not be sufficient to conclude the case, they shall proceed to make a direction in accordance with the provisions of paragraphs (2) to (4) of rule 31.

Procedure where conditional registration had been imposed

42.-(1) If at the previous hearing the Committee had directed that the registration of the practitioner should be subject to conditions, the Committee shall first judge whether the practitioner has failed to comply with any of the requirements imposed on him as conditions of his registration.

(2) (a) If the Committee judge that the practitioner has not so failed to comply they shall then consider and determine whether:

(i) to revoke the direction made at the previous hearing, that the registration of the practitioner be subject to conditions (in which case they shall so direct); or

(ii) to vary the conditions imposed under the direction made at the previous hearing (in which case they shall so direct); or

(iii) to make no further direction, and allow the case to conclude on the expiry of the period for which the direction made at the previous hearing applies.

(b) If the Committee determine not to revoke the direction or vary the condition or conditions imposed at the previous hearing, or to allow the case to conclude as aforesaid, they shall proceed to impose a further period of conditional registration and shall consider and decide the nature of the conditions and the further period not exceeding twelve months, for which they shall apply, and shall so direct.

(3) (a) If the Committee judge that the practitioner has so failed to comply, they shall next consider and determine whether it shall be sufficient:

(i) to vary the conditions imposed under the direction made at the previous hearing; or, if not,

(ii) to direct that the current period of conditional registration shall be extended for such further period not exceeding twelve months as they may specify, with or without variation of the conditions imposed under the direction made at the previous hearing; or, if not,

(iii) to direct that the registration of the practitioner shall be suspended for such period not exceeding twelve months as they may specify and, if they determine that one of the foregoing courses of action shall be sufficient, they shall so direct.

(b) If the Committee determine that none of the courses of action under sub-paragraph (a) shall be sufficient, they shall thereupon direct that the name of the practitioner shall be erased from the Register.

Procedure where registration has been suspended

43.-(1) Where at a previous hearing the Committee directed that the practitioner’s registration should be suspended, the Committee shall consider and determine whether it shall be sufficient:

(a) to make no further direction, or, if not,

(b) to direct the registration of the practitioner shall be conditional on his compliance during such period not exceeding three years as the Committee may specify, with such requirements as the Committee may think fit to impose for the protection of members of the public or in his interests (in which case the Committee shall then consider and decide the nature and duration of the conditions to be imposed); or, if not,

(c) to direct that the current period of suspension shall be extended for such further period, not exceeding twelve months, from the time when it would otherwise expire as they may specify.

(2) If the Committee determine that it shall not be sufficient to adopt a course under paragraph (1)(a), (b) or (c) they shall direct that the name of the practitioner shall be erased from the Register.

(3) If the Committee determine to pursue a course under paragraph (1)(b), or (c) or paragraph (2) they shall make a direction to that effect.

Announcement of determination at resumed hearing

44. The Chairman shall announce the determination or determinations of the Committee under the foregoing rules in such terms as the Committee may approve.

Subsequent application of rules where case is continued

45. The provisions of rules 37 and 39 to 44 shall also apply in any case where the determination of the Committee has been further postponed at a resumed hearing or in which the Committee have previously directed at a resumed hearing that a period of suspension or conditional registration should be extended or further extended.

PART VII

APPLICATIONS FOR RESTORATION AFTER ERASURE UNDER SECTION 36

Procedure for consideration of applications for restoration

46.-(1) Where a person applies for the restoration of his name to the Register under section 41 of the Act, the following provisions shall have effect:-

(a) Subject to any direction given by the Chairman of the Professional Conduct Committee in special circumstances, an application shall not be considered by the Committee at any meeting unless, not less than twenty-one days before the first day of that meeting, there has been delivered to the Registrar a statutory declaration made by the applicant as nearly as possible in the form set out in Schedule 3.

(b) At the hearing of the application, the Chairman of the Committee shall first invite the Solicitor to recall the circumstances in which the applicant’s name was erased from the Register and, if he so desires, to address the Committee and to adduce evidence as to the conduct of the applicant since the date the Committee directed that the practitioner’s name should be erased from the Register.

(c) (deleted 2000)

(d) The Committee may, if they think fit, receive oral or written observations on the application from any body or person on whose complaint or information the applicant’s name was erased from the Register.

(da) The Chairman shall next invite the applicant to address the Committee and, if he so desires, to adduce evidence as to his good character, his professional competence and his health since the date the Committee directed his name should be erased from the Register, and if any observations are received under sub-paragraph (d), the applicant shall have the right to address the Committee in response to those observations.

(db) Where an application is a second or subsequent application during the same period of erasure the Chairman shall invite the applicant to address the Committee on the question of whether his right to make further applications should be suspended indefinitely.

(e) The Committee may, if they think fit, adjourn consideration of any application to such future meeting as they may specify, and may require the applicant to submit evidence of his conduct since his name was erased from the Register.

(f) Subject to the foregoing provisions of this rule the procedure of the Committee in connection with such applications shall be such as they may determine.

(2) There shall be three stages in the Committee’s determination of an application for restoration to the Register.

(3) At the first stage, the Committee shall determine, having regard to-

(a) the reasons why the applicant’s name was erased from the Register;

(b) the application for restoration;

(c) the applicant’s conduct since his name was erased from the Register; and

(d) the representations made to the Committee under paragraph (1)

whether, subject to satisfying the Committee as to his good character, professional competence and health, the applicant’s name should be restored to the Register.

(4) If the Committee determine under paragraph (3) that the applicant’s name should not be restored to the Register the Committee shall determine the application accordingly but, if not, the case shall proceed to the second stage.

(5) At the second stage, the Committee shall determine what assessment the applicant should undergo for the purpose of satisfying the Committee as to his good character, professional competence and health and shall order accordingly.

(6) The person who carries out the assessment of the applicant’s character, professional competence and health shall report his findings in writing to the Committee.

(7) At the third stage, the Committee shall consider the report of the assessment of the applicant’s fitness to practise and determine whether the applicant’s name should be restored to the Register.

PART VIIA

APPLICATIONS FOR RESTORATION IN ACCORDANCE WITH THE VOLUNTARY ERASURE REGULATIONS OR THE RESTORATION REGULATIONS

Procedure for consideration of applications for restoration

46A. -(1) This Part shall apply in relation to any application by a person for restoration of his name to the Register-

(a) under regulation 3 of the Voluntary Erasure Regulations which has been referred to the Committee by the Registrar under regulation 4(8) of those regulations; or

(b) under regulation 2 of the Restoration Regulations, which has been referred to the Committee by the Registrar under regulation 3(8) of those regulations.

(2) The application shall not be considered by the Committee at any meeting unless the Registrar has given the applicant notice in writing of the date, time and place of the hearing before the beginning of the period of 28 days ending on the day of the hearing, or such shorter period of notice as the applicant may agree, and the Registrar shall send with the notice a copy of these Rules and the Voluntary Erasure Regulations or the Restoration Regulations whichever is applicable.

(3) The notice under paragraph (2) shall-

(a) specify the grounds on which the reference has been made and include particulars of any alleged facts which are to be presented to the Committee at the hearing by the Solicitor;

(b) have attached to it copies of any reports or other documents which the Solicitor proposes to put before the Committee at the hearing;

(c) inform the applicant of his right to attend the hearing and to be represented by counsel or a solicitor, by any officer or member of any professional organisation of which he is a member or by a member of his family,

and, except where the context otherwise requires, any reference in the following provisions of this Part to the applicant shall be read as including a reference to his representative.

(4) The following provisions shall apply in relation to any meeting of the Committee to consider the application-

(a) the Chairman shall put the particulars specified in the notice in accordance with paragraph (3)(a) to the applicant and ask him whether he admits all or any of the facts alleged;

(b) any admission of any fact or facts shall be recorded by the Committee and announced by the Chairman;

(c) the Solicitor may adduce oral or documentary evidence to prove any fact specified in the particulars which is not admitted and shall in any event, where applicable, call the complainant;

(d) the applicant may adduce oral or documentary evidence relevant to any fact in respect of which the Solicitor has adduced evidence and may address the Committee on any such evidence;

(e) the Committee shall make a determination that any fact which has not been admitted, and as respects which evidence has not been adduced by the Solicitor, has not been proved, and that determination shall be announced by the Chairman;

(f) the Committee shall determine whether they find any fact as respects which the Solicitor has adduced evidence proved or not;

(g) the Solicitor may address the Committee with respect to any admission and to any fact found by the Committee to have been proved, and with respect to the character and previous history of the applicant;

(h) the applicant may address the Committee with respect to any admission and any fact found by the Committee to have been proved, and with respect to any other matter raised by the Solicitor in his address;

(i) the Committee shall consider any admissions made, any evidence adduced and the addresses of the Solicitor and the applicant, and decide whether to approve the application;

(j) if the Committee decide to approve the application, they shall direct the Registrar to restore the applicant’s name forthwith to the Register;

(k) if the Committee decide not to approve the application they shall consider whether, having regard to the gravity of the case, the mandatory period of one year during which the applicant is not permitted to make another application for restoration under regulation 4(11) of the Voluntary Erasure Regulations or regulation 3(11) of the Restoration Regulations, whichever is applicable, should be extended and, if so, what the extended period should be; and

(l) the Chairman shall announce the Committee’s decision under sub-paragraph (i), and under sub-paragraph (k) if applicable, in such terms as the Committee shall approve.

(5) A majority of the votes of those present shall be required for a decision that the applicant's name should be so restored and for a decision that the minimum period referred to in paragraph (4)(k) should be extended, and rule 52(3) shall have effect subject to this paragraph.

(6) Parts II, III, IV, V, VI and VII of these Rules shall not apply in relation to any application to which this Part applies, except that rule 23(1) shall apply.

(7) Part VIII of these Rules shall apply, except that rules 49, 51 and 53A shall not apply.

(8) Subject to paragraphs (2) to (7), the Committee may determine their own procedure.

(9) For the purpose of proceedings under this rule, references to the complainant in these Rules shall mean any person whose written complaint or information about the applicant’s conduct has given rise to the matters that are being considered by the Committee.

46B Procedure for consideration of restoration following voluntary erasure applications made before 1st July 2003

An application for restoration which has been referred to the Committee by virtue of regulation 6(b) of the Voluntary Erasure Regulations in accordance with the Medical Practitioners (Voluntary Erasure and Restoration) Regulations 2000 shall be dealt with in accordance with rule 46A above as in force on 30th June 2003.

PART VIII

GENERAL

Adjournment of proceedings

47. The Preliminary Proceedings Committee and the Professional Conduct Committee may adjourn any of their proceedings or meetings from time to time as they think fit.

Exclusion of public from hearings in certain cases

48.-(1) Subject to the provisions of rule 50(5), and to the following paragraphs of this rule, all proceedings before the Professional Conduct Committee shall take place in the presence of all parties thereto who appear therein and shall be held in public.

(2) (a) If any party to any proceedings or any witness therein makes an application to the Committee for the public to be excluded from any proceedings or part thereof, then if it appears to the Committee that any person would suffer undue prejudice from a public hearing or that for any other reason the circumstances and nature of the case make a public hearing unnecessary or undesirable, the Committee may direct that the public shall be so excluded.

(b) Where no such application has been made the Committee may of their own initiative direct that the public shall be excluded from any proceedings or part thereof if it appears to the Committee, after hearing the views of the parties thereon, that to do so would be in the interests of justice or desirable having regard to the nature either of the case or of the evidence to be given.

(c) A direction under this paragraph shall not apply to the announcement in pursuance of any of these rules of a determination of the Committee.

(3) Subject to the provisions of paragraph 7 of Schedule 4 to the Act and of any rules made thereunder the Committee may deliberate in camera (with or without the legal assessor) at any time and for any purpose during or after the hearing of any proceedings.

Consideration of confidential reports at resumed hearings

49.-(1) Where, under rule 30 or rule 41, the Professional Conduct Committee postpone or further postpone their determination whether to make a direction or, under rule 31, rule 42 or rule 43, impose conditions upon a practitioner’s registration or suspend the registration of a practitioner and give an intimation under rule 31(5), or the Chairman of the Preliminary Proceedings Committee determines under rule 37(1) to (3) that they will resume consideration of the case, or where the Committee adjourn consideration of an application under rule 46(1)(e), the Committee may require the practitioner to furnish the Registrar with the names and addresses of professional colleagues and other persons of standing to whom the Council will be able to apply for information, to be given confidentially, as to their knowledge of his conduct since the time of the original or of any previous hearing.

(2) Where any practitioner or applicant has supplied to the Committee or to the Registrar on his behalf the name of any person to whom reference may be made confidentially as to his conduct, the Committee may consider any information received from such person in consequence of such reference without disclosing the same to the practitioner.

Evidence

50.-(1) The Professional Conduct Committee may receive oral, documentary or other evidence of any fact or matter which appears to them relevant to the inquiry into the case before them:

Provided that, where any fact or matter is tendered as evidence which would not be admissible as such if the proceedings were criminal proceedings in England, the Committee shall not receive it unless, after consultation with the legal assessor, they are satisfied that their duty of making due inquiry into the case before them makes its reception desirable.

(2) Without prejudice to the generality of the last preceding paragraph the Committee may, if satisfied that the interests of justice will not thereby be prejudiced, admit in evidence without strict proof copies of documents which are themselves admissible, maps, plans, photographs, certificates of conviction and sentence, certificates of registration of birth or marriage or death, the records (including the registers) of the Council, the notes of proceedings before the Committee and before other tribunals and the records of such tribunals, and the Committee may take note without strict proof of the professional qualifications, the registration, the address and the identity of the practitioner and of any other person.

(3) The Committee may accept admissions made by any party and may in such case dispense with proof of the matters admitted.

(4) The Committee may cause any person to be called as a witness in any proceedings before them, whether or not the parties consent thereto. Questions may be put to any witness by the Committee or by the legal assessor with the leave of the Chairman.

(5) Without leave of the Committee no person (other than a party to the proceedings) shall be called as a witness by either party in proceedings before the Professional Conduct Committee unless he has been excluded from the proceedings until he is called to give evidence:

Provided that this rule shall not prevent the Committee from receiving evidence relating to the posting, receipt or service of documents, the production of documents, and evidence in rebuttal of evidence given by or on behalf of the practitioner or as part of the case against him.

Reference and transfer of cases to the Health Committee

51.-(1) Notwithstanding any other provisions in these rules, where in the course of an inquiry, at either the original or a resumed hearing, it appears to the Professional Conduct Committee that a practitioner’s fitness to practise may be seriously impaired by reason of his physical or mental condition, the Committee may refer that question to the Health Committee for determination, and any such referral may be made whether or not the Professional Conduct Committee order in accordance with powers conferred by the Act that the practitioner’s registration shall be conditional on his compliance with specified requirements.

(2) When referring a case under this rule to the Health Committee the Professional Conduct Committee may also direct that, before the case is considered by the Health Committee, the practitioner shall be invited to submit to examination by one or more medical practitioners to be chosen by the Chairman of the Preliminary Proceedings Committee from among those nominated under Schedule 2 to the Health Committee (Procedure) Rules, and to agree that such examiners should furnish to the Council reports on the practitioner’s fitness to practise, either generally or on a limited basis, with recommendations for the management of his case.

(3) If, following a reference under this rule, the Health Committee subsequently certify to the Professional Conduct Committee their opinion that the fitness of the practitioner to practise is not seriously impaired by reason of his physical or mental condition, rule 38 shall apply, and the Professional Conduct Committee shall resume their inquiry in the case and dispose of it.

(4) If, following a reference under this rule, the Health Committee certify to the Professional Conduct Committee their opinion that the fitness of the practitioner to practise is seriously impaired by reason of his physical or mental condition, the Professional Conduct Committee shall cease to exercise their functions in relation to the case.

Voting

52.-(1) The following provisions shall have effect as to the taking of the votes of the Preliminary Proceedings Committee and the Professional Conduct Committee on any question to be determined by them:

(a) The Chairman of the Committee shall call upon the members present to signify their votes by raising their hands, signify his own vote, and declare the way in which the question appears to him to have been determined.

(b) If the result so declared by the Chairman is challenged by any member, the Chairman shall-

(i) call upon each member severally to declare his vote,

(ii) announce his own vote, and

(iii) announce the number of members of the Committee who have voted each way and the result of the vote.

(2) In proceedings of the Preliminary Proceedings Committee, or in consideration of cases by that Committee under rule 13 or rule 19, if the votes are equal, the Chairman of that Committee shall have an additional casting vote.

(3) In proceedings of the Professional Conduct Committee,

(a) the Committee shall dismiss an application under rule 46 unless a majority of the votes of those present at the hearing are in favour of allowing the application;

(b) the Committee shall dismiss a submission under rule 27(1)(e) unless a majority of the votes of those present at the hearing are in favour of allowing the submission; and

(c) in any other case if the votes are equal the question shall be deemed to have been resolved in favour of the practitioner.

For the purpose of this paragraph a determination by the Professional Conduct Committee to postpone their determination whether to make a direction shall be taken to be in favour of a practitioner unless he has indicated to the Committee that he is opposed to such postponement.

The amendments made by this paragraph shall not apply in relation to any proceedings before the Professional Conduct Committee which were begun before 3rd August 2000.

Representation

53.-(1) Any party being a body corporate or an unincorporated body of persons may appear by their clerk or other officer duly appointed for the purpose or by counsel or solicitor.

(2) Any party being an individual may appear either in person or by counsel or solicitor, or by any officer or member of any professional organisation of which he is a member, or by any member of his family, and any reference to a practitioner, complainant or other party shall be construed as including a reference to any person by whom he is represented.

Notification of directions of the Professional Conduct Committee

53A.-(1) In any case in which the Professional Conduct Committee have given a direction under these Rules for erasure, for suspension or for conditional registration or have varied the conditions imposed by a direction for conditional registration, the Registrar shall forthwith serve on the practitioner a notification of the direction and of the practitioner’s right to appeal against the decision.

(2) In this rule references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.

(3) Service of the notification shall be effected in accordance with rule 54.

Postal service of documents

54. Any notice or other document required by rules 5 to 8, 12(7), 17, 18(2), 19(3) 33(3), and (4), 37, 38 and Part VIIA to be given or sent to any person shall be given or sent-

(a) by personal delivery, or by sending it to him by the Registered post service or by a postal service in which delivery or receipt is recorded at his usual or last-known address, which in the case of a doctor shall be his address in the Register or, if his last-known address differs from the address in the Register, his last-known address;

(b) in the case of a person represented by-

(i) a solicitor, by personal delivery, or by sending it to him by the Registered post service or by a postal service in which delivery or receipt is recorded at his professional address;

(ii) any other person, by personal delivery, or by sending it to him by the Registered post service or by a postal service in which delivery or receipt is recorded at his usual or last-known address.

Record of proceedings

55.-(1) The Registrar shall arrange for the proceedings of the Professional Conduct Committee to be recorded by electronic means or otherwise.

(2) Any party to the proceedings shall, on application to the Registrar, be furnished with a copy of the record of any part of the proceedings at which the party was entitled to be present.

(3) Paragraphs (1) and (2) do not apply to the deliberations of the Committee.

Revocation

56. The Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1980 are hereby revoked.

Given under the official seal of the Communitybaptistpa this third day of November nineteen hundred and eighty-eight.

J.N. Walton

President

SCHEDULE 1

(Rule 3)

PROVISIONS AS TO MEETINGS OF THE PRELIMINARY PROCEEDINGS COMMITTEE AND OF THE PROFESSIONAL CONDUCT COMMITTEE1. The Preliminary Proceedings Committee and Professional Conduct Committee shall each meet not less than three times a year.

2. The Committee shall each meet on such days as the Chairman, Committee or Council may determine and at such times as the Chairman may determine.

3. (deleted 1994)

. Members of the Preliminary Proceedings Committee and of the Professional Conduct Committee shall be summoned to meetings of the Committee by the Registrar, by notice addressed to each member. Except in the case of a meeting held to resume the hearing of a case which has been adjourned or postponed for less than 28 days, such notice shall be sent not less than three weeks before the meeting to which it relates.

5. (deleted 2000)

SCHEDULE 2

(Rule 17)

FORM OF NOTICE OF INQUIRY

(Date)

Dear Sir/Madam,

On behalf of the Communitybaptistpa notice is hereby given to you that in consequence of [a complaint made against you to the Council] or [information received by the Council] an inquiry is to be held into the following charge (charges) against you:-

[If the charge relates to conviction] That you were on the ..................... day of ........................... at [specify court recording the conviction] convicted of [set out particulars of the conviction in sufficient detail to identify the case].

OR

[If the charge relates to conduct] That, being registered under the Medical Act, you [set out briefly the facts alleged]: and that in relation to the facts alleged you have been guilty of serious professional misconduct.

[Where there is more than one charge, the charges are to be numbered consecutively, charges relating to conviction being set out before charges relating to conduct.]

Notice is further given to you that on [day of the week] the ............ day of ................ 19 ............... a meeting of the Professional Conduct Committee will be held at ......................... at .................. am/pm to consider the above-mentioned charge (charges) against you, and to determine whether or not they should direct the Registrar to erase your name from the Register or to suspend you registration therein, or to impose conditions on your registration, pursuant to section 36 of the Medical Act 1983.

You are hereby invited to appear before the Committee at the place and time specified above, for the purpose of answering the above-mentioned charge (charges). You may appear in person or by counsel or solicitor, or by any officer or member of any professional organisation of which you are a member, or by any member of your family. The Committee have power, if you do not appear, to hear and decide upon the said charge (charges) in your absence.

Any answer, admission, or other statement or communication, which you may desire to make with respect to the said charge (charges), should be addressed to the Solicitor to the Council.

If you desire to make any application that the inquiry should be postponed, you should send the application to us as soon as possible, stating the grounds on which you desire a postponement. Any such application will be considered by the President of the Communitybaptistpa in accordance with rule 18 of the Communitybaptistpa Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988.

AND

(If the Notice is addressed to a practitioner whose registration is subject to an interim order made by the Preliminary Proceedings Committee under rule 12 of these Rules and currently in force). The Committee may revoke the interim order made in relation to your registration on [specify date] by the Preliminary Proceedings Committee under rule 12 of these Rules, or may exercise such other powers with respect to that order as are set out in rule 33 of these Rules.

Yours faithfully,

Solicitor to the Communitybaptistpa

SCHEDULE 3

(Rule 46)

STATUTORY DECLARATION TO BE MADE BY AN APPLICANT FOR RESTORATION TO THE REGISTER

(NB This declaration must be made before a Commissioner for Oaths, a Solicitor authorised to administer oaths, or a Justice of the Peace.)

"I, the undersigned ............................................................................................

now holding the qualification of .........................................................................

do solemnly and sincerely declare as follows:-

1. I am the person formerly registered as a medical practitioner with the name ............................... and with the qualifications of ........................ and I hereby apply for the restoration of my name to the Register.

2. At an inquiry held on the ............ day of ............. nineteen hundred and ....................... the Disciplinary Committee/Professional Conduct Committee directed my name to be erased from the Register, and the offence for which the Committee directed the erasure of my name was ....................................

3. Since the erasure of my name from the Register I have been residing at

...........................................................................................................................

and my occupation has been ............................................................................

4. It is my intention if my name is restored to the Register to

...........................................................................................................................

...........................................................................................................................

5. The grounds of my application are ...........................................................

...........................................................................................................................

...........................................................................................................................

And I make this declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1835.

Signed ..........................................................................

Declared at ...................................................................

on .................................................................................

before me .....................................................................

A Commissioner for Oaths

A Solicitor authorised to administer Oaths

A Justice of the Peace

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