Paragraph 6 Procedure at the hearingF1F2

At the hearing, any person mentioned in sub-paragraph (2)(a) or (b) of paragraph 5 may, subject to sub-paragraph (3) of that paragraph—

Without prejudice to sub-paragraph (3) if a party fails to appear at the hearing, and the discipline committee is satisfied that his absence is due to illness or other reasonable cause, or if for any other reason the committee thinks fit, it may, after considering the observations of any party who is present, adjourn the hearing, in which case the provisions of paragraph 4(2) shall apply as respects the resumed hearing.

Where any person to whom notice of the hearing has been given under paragraph 4(2) fails to attend the hearing, either in person or by a representative, the discipline committee may, having regard to the circumstances of which it is aware, proceed with the hearing notwithstanding that person’s absence.

Prior to the commencement of a hearing, the chairman shall ask the other members of the discipline committee whether any of them is interested in a question referred to them, either directly or through association with a party, and if, in the opinion of the chairman, any member is so interested, that member shall take no part in the hearing, but a deputy appointed in the like manner may act in his place.

Where, in the course of a hearing, any issue arises in relation to an event or matter which, in the opinion of the chairman—

Subject to sub-paragraph (7) where no direction is made under sub-paragraph (5)(a) in relation to an issue to which that provision applies, the hearing shall be adjourned unless the practitioner and the chairman agree that the hearing may proceed.

Any issue to which sub-paragraph (5) applies which concerns an allegation of a failure to comply with a term of service other than the terms of service detailed in the appropriate Health Authority’s F3or Primary Care Trust's statement of case shall be excluded from the investigation to the extent that it concerns such an allegation.

Before being invited to give his agreement for the purposes of sub-paragraph (6), a practitioner who is not accompanied by a person mentioned in sub-paragraph (2)(b) of paragraph 5 shall be afforded an opportunity to consult any person who may be present at the hearing pursuant to sub-paragraph (2)(c) of that paragraph.

No evidence relating to an alleged breach of the practitioner’s terms of service which was not specified in the appropriate Health Authority’s or Primary Care Trust's statement of case in accordance with paragraph 1(2)(a) may be produced at the hearing.

No documentary evidence which was prepared for the purpose of a complaint may be produced by the appropriate Health Authority or Primary Care Trust unless it concerns evidence brought into issue by the practitioner.

Subject to the other provisions of this Schedule, the procedure at the hearing shall be such as the investigating discipline committee may determine.