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Paragraph 7 Suspension of registration pending investigation of allegation of fraud or error

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

If the Registrar proposes to suspend a chiropractor’s registration under section 10(3) of the Act, he shall give the chiropractor an opportunity to appear before the Committee and argue his case against suspension, by the giving of notice to the chiropractor providing the information specified in paragraph (2).

(2)

The information to be provided by a notice given under paragraph (1) is as follows—

(a)

a summary of the matters alleged with respect to the fraud or error concerned;

(b)

a statement that the Registrar proposes (pending completion of his investigation and the determination of the issue by the General Council) to suspend the chiropractor’s registration in order to protect members of the public and that the chiropractor may, by giving notice in writing to the Registrar before the end of the period of 10 days beginning with the day on which the notice under paragraph (1) was served on him, appear before the Committee to argue his case; and

(c)

a statement of his right to be legally represented at such a hearing conferred by paragraph 4.

(3)

A chiropractor who has indicated within the period mentioned in paragraph (2)(b) that he wishes to appear before the Committee may so appear, and shall be given particulars by or on behalf of the Committee of the date, time and place at which the Committee will hear him (which particulars may be included by the Registrar in the notice given under paragraph (1)).

(4)

At any appearance of a chiropractor before the Committee under this Rule, the Registrar shall be a party to the proceedings and he and the chiropractor may be legally represented.

(5)

If the Registrar receives a request to appear before the Committee from the chiropractor after the expiry of the period of 10 days mentioned in paragraph (2)(b), he shall report the matter to the Committee, and the Committee may determine to hear the chiropractor to argue his case concerning the suspension notwithstanding the expiry of that period; and if it does so determine to hear the chiropractor—

(a)

the chiropractor shall be given particulars by or on behalf of the Committee of the date, time and place at which the Committee will hear him; and

(b)

if the suspension has been imposed by the Registrar, the Registrar may if he thinks fit withdraw the suspension pending the decision of the Committee, and shall so withdraw it pending that decision if the Committee so directs.

(6)

Without prejudice to its general powers of adjournment, the Committee may from time to time adjourn any proceedings before it at which the chiropractor is present under this Rule.