Paragraph 10 Procedure at an appeal hearing

(1)

Subject to paragraph (2) of this rule, the Committee shall hear an appeal in public.

(2)

At the request of the appellant, the Committee shall direct that the public be excluded from all or part of an appeal hearing.

(3)

The parties may be accompanied at an appeal hearing and may be represented by:

(a)

counsel or solicitor;

(b)

a professional colleague; or

(c)

in the case of the appellant, any officer or member of any organisation of which he is a member or any member of his family.

(4)

The parties to the proceedings may:

(a)

address the Committee;

(b)

give evidence;

(c)

call and examine witnesses; and

(d)

cross-examine witnesses called by the other party.

(5)

Subject to paragraph (6), the Committee may receive any evidence, whether or not it:

(a)

is oral or written;

(b)

is direct or hearsay;

(c)

was available to the registrar when he made the decision against which the appeal is brought; or

(d)

would be admissible in a court of law.

(6)

The Committee may receive evidence, which has not been submitted with the notice of appeal or in accordance with sub-paragraph (b) of rule 2(3), if it is necessary in the interests of justice for it to do so.

(7)

Subject to these rules the Chairman of the Committee shall, having consulted the Legal Assessor, give such directions as to the conduct of and procedure at an appeal hearing as he considers just, provided always that the appellant shall have the right to address the Committee last.

(8)

If an appellant fails to appear or to be represented at the hearing of his appeal, the Committee may proceed to consider and determine his appeal in his absence.