# The General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000, Paragraph 8: Documents and evidence


(1) Subject to the following provisions of this Rule, the Tribunal may consider the appeal on the basis of any of the following reports, written statements and documents submitted in evidence to it without the authors being called to give oral evidence, that is to say—
(a) reports, written statements and other documents prepared or procured for the purposes of section 20(9)(b) of the Act or Rules 6(1) or (2) or 15(1) of the General Chiropractic Council (Health Committee) Rules 2000 or procured by the Solicitor for the purposes of the appeal, including any report prepared under Rule 4(3) of the General Chiropractic Council (Investigating Committee) Rules 2000;
(b) reports, written statements and other documents prepared on behalf of the appellant;
(c) such other reports, written statements and documents as the Tribunal determines after hearing the views of the parties, and having regard to all the circumstances and the justice of the case, can properly be admitted without such oral evidence.
(2) The Solicitor shall secure that not less than 28 days before the opening of any hearing, the appellant is provided with a list of every report, written statement or other document under paragraph (1)(a) which is to be produced in evidence, a statement as to which (if any) of those he intends to have adduced by way of oral evidence by its author, and a notice requiring the appellant to notify him before the end of the period of 14 days beginning with the day on which that notice was sent to the appellant whether the appellant requires any other author of a report, statement or other document so listed to attend the hearing to give oral evidence as to the matters with which it deals.
(3) The appellant shall secure that not less than 28 days before the opening of any hearing, the Solicitor is provided with a list of every report, written statement or other document under paragraph (1)(b) which is to be produced in evidence, a statement as to which (if any) of those he intends to have adduced by way of oral evidence by its author, and a notice requiring the Solicitor to notify him before the end of the period of 14 days beginning with the day on which that notice was sent to the Solicitor whether the Solictitor requires any other author of a report, statement or other document so listed to attend the hearing to give oral evidence as to the matters with which it deals.
(4) Any list provided by a party under paragraph (2) or (3) shall be accompanied by a copy of any report, statement or document listed of which the other party has not previously been sent a copy.
(5) The Solicitor and the appellant shall, as soon as practicable after supplying the other with the list referred to in paragraphs (2) and (3), send to the clerk three copies of the list and of the reports, statements and documents referred to in it; and the clerk shall secure that the members of the Tribunal are provided with a copy of the same.
(6) Where notification is given by the appellant under paragraph (2) or by the Solicitor under paragraph (3) requiring the author of a report, statement or other document to attend to give oral evidence, the report, statement or other document shall not be taken into account by the Tribunal in reaching its decision on the appeal without such oral evidence unless the Tribunal is of the view that, having regard to all the circumstances (including the difficulty or expense of obtaining such attendance) and the justice of the case, it is proper so to do.
(7) The Tribunal may require a witness to appear before it and give evidence—
(a) on the application of the appellant, notwithstanding the absence of any notification by the appellant under paragraph (2),
(b) on the application of the Solicitor, notwithstanding the absence of any notification by the Solicitor under paragraph (3), or
(c) of its own motion,
and the Tribunal may require a person to attend before it to produce documents.
(8) The Tribunal may administer oaths.
(9) A party may admit a fact, and a fact so admitted may be received in evidence without further proof.
(10) No person may be required under these Rules to give evidence or produce any document or other material at any hearing held by the Tribunal which he could not be compelled to give or produce in civil proceedings in any court in that part of the United Kingdom in which the hearing takes place.
(11) The posting or leaving of a notice under Rule 13(1) for the purposes of Rules 5(1), 6 or 10(4) may be proved by a certificate in writing purporting to be signed by the person posting or leaving it, to which there shall be annexed (in the case of posting) any confirmation of the posting issued by or on behalf of the Post Office or other postal operator.

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Source: https://www.legislation.gov.uk/uksi/2000/3214/schedule/paragraph/8 (the official version)
Page: https://openlegislation.uk/general-chiropractic-council-health-appeal-tribunal-rules-order-2000/schedule/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

