Rule 16 Manner of proceeding
The Committee may by notice given by the Registrar request the relevant chiropractor to attend before the Committee even if that chiropractor has not requested so to appear under Rule 15.
Where after the sending of the notice and copies of any documents to the relevant chiropractor in accordance with rule 15(2) and (4), the Committee has procured or received a further report, statement or other document which in the view of the Committee is material to an issue in the case (not being a report, statement or other document falling within paragraph (2A)) the Registrar shall—
send a copy of the report, statement or document to the relevant chiropractor; and
except where the relevant chiropractor has indicated that he wishes to appear before the Committee under rule 15(3), invite him to make any representations in writing upon the report, statement or document to the Committee within—
the period of 14 days beginning with the date of service of it upon him, or
if later, before the expiry of the period of 28 days referred to in rule 15(2).
A report, statement or other document falls within this paragraph if—
the relevant chiropractor has already received a copy in connection with proceedings under Part III or under rule 17; or
it was procured or provided by or on behalf of the relevant chiropractor to the Committee.
In determining whether to exercise its powers under section 22(7) or (9) of the Act, the Committee shall not take into account any report, statement or other document where—
the relevant chiropractor has not been given the opportunity to make any representations in writing upon it to the Committee in accordance with paragraph (2) or rule 15(2)(c), unless he otherwise agrees; or
the relevant chiropractor has indicated a wish to appear before the Committee and he has not been given a reasonable opportunity to consider and comment upon it, unless he otherwise agrees or fails to appear before the Committee.
At any appearance before the Committee under this Part, the relevant chiropractor may be legally represented.
At any such appearance, the relevant chiropractor may give evidence and call witnesses, and he and such witnesses may be questioned by the Committee.
Where the relevant chiropractor is to appear before the Committee, he may, at the time that he notifies the Registrar under Rule 15 that he wishes to appear or (if later) before the expiry of the period of 14 days beginning with the day on which a copy of any report or statement was served on him, request the Committee in writing that the author of any report or statement of which he has been sent a copy under Rule 15(4) or paragraph (2) above should appear before the Committee to adduce the report or statement by way of oral evidence and to be questioned by the relevant chiropractor; and if he makes such a request the report or statement shall not be taken into account by the Committee without such appearance by the author unless the Committee is satisfied that it is desirable in the interests of making due inquiry that it should be taken into account, having regard to the justice of the case and the difficulty or expense of obtaining such appearance.
The Committee may arrange for the attendance of the author of any report or statement of which the relevant chiropractor has been sent a copy under Rule 15(4) or paragraph (2) above, even if no request is made by the relevant chiropractor under paragraph (5), in order that the author may be questioned by the Committee, and if it does so and the relevant chiropractor has elected to appear before the Committee pursuant to section 22(11) of the Act, the author may also be questioned by him.
The Committee may from time to time adjourn any proceedings before it at which the relevant chiropractor is to be present, whether to enable attendance of the author of a report or statement under paragraphs (5) or (6) or for any other reason; and the relevant chiropractor shall be given reasonable notice by the Registrar of the date, time and place of the resumption of such adjourned proceedings at which he is to be present unless they were announced at the time of adjournment and the relevant chiropractor or his legal representative were than present.
The Committee may take the advice of a legal assessor appointed under section 27 of the Act in discharging its functions under this Part; and it shall secure unless otherwise agreed by the relevant chiropractor or his representative that such an assessor is present at any appearance of the relevant chiropractor before the Committee, and any legal assessor may with the leave of the Committee question any witness attending before it.
If the relevant chiropractor has indicated that he wishes to appear—
the proceedings connected with his appearance shall be in public unless the Committee is satisfied that it is in the interests of the person making the allegation which gave rise to the conditions of practice order or suspension order concerned, or of any person giving evidence or of any patient, that the public should be excluded from being present in any part of those proceedings;
nothing in this Part shall preclude the Committee deliberating together in the absence of the relevant chiropractor (and any representative) and of the public at any time; and
if the relevant chiropractor does not appear and the Committee is satisfied that notice has been given to him under Rule 15(3) or (in the case of an adjournment) notice has been given under paragraph (7) or the announcement referred to in that paragraph was made, it may proceed in his absence.
Annotations
Textual amendments
- F1
Sch. rule 16(2)-(2B) substituted for Sch. rule 16(2) (30.6.2006) by The General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006 (S.I. 2006/1630), Sch. rules 1, 2
Notes on Schedule
Marginal citations
- M1