OpenLegislation

Paragraph 9 Directions hearing

Original text. Later amendments are not shown.

(1)

After the Hearings Director has received a valid notice of appeal he may—

(a)

of his own motion, or

(b)

at the request of either party,

invite those persons who are to form the membership of the Committee at the determination of the appeal to decide whether they consider that holding a preliminary meeting in private (a “directions hearing”) would assist them in determining the appeal.

(2)

If the persons specified in paragraph (1) decide to hold a directions hearing, the Hearings Director shall fix a date for the directions hearing and shall send notification to the parties and any other person who those persons consider appropriate.

(3)

The persons notified under paragraph (2), together with the parties' representatives, may attend the directions hearing.

(4)

At a directions hearing the Committee may—

(a)

give directions as to the conduct of the case; and

(b)

give directions as to the consequences of failure to comply with directions given under sub-paragraph (a).

(5)

Rules 12, 14(2) and (3) and 16(1), (3) and (4) shall apply to a directions hearing.

(6)

Where at a directions hearing the Committee vote to decide a matter but the votes are equal, that matter shall be decided at the commencement of the determination of the appeal.

(7)

The Chairman of the Committee may hold a directions hearing or give the directions specified in paragraph (4) on behalf of the Committee and, with the agreement of the parties, may take any action which the Committee would be competent to take at such a hearing.

Notes on Schedule

Footnotes

f1

1984 c. 24; Schedule 4B was inserted by, and Schedule 3 was substituted by, S.I. 2005/2011. Schedule 3 applies to proceedings before the Registration Appeals Committee (with modifications) by virtue of paragraph 4(7) of Schedule 2A to the Dentists Act 1984, and Schedule 4B applies to such proceedings by virtue of paragraph 4(7) of Schedule 4A to the Act.

f2

Section 50D was inserted by S.I. 2005/2011.