Regulation 17 Fitness to practise proceedings: when a hearing is not necessaryI1

England and Wales

(1)

Fitness to practise proceedings, except proceedings under section 151 of the Act (“review proceedings”), may be determined by a fitness to practise panel without a hearing if—

(a)

the parties agree in writing that the proceedings may be determined without a hearing,

(b)

the parties agree in writing to the final decision which is to be made by the panel (including details of that decision such as the period for which an order is to have effect or any conditions to be imposed on the registered person’s registration),

(c)

a statement of agreed facts is made in writing by—

(i)

SCW,

(ii)

the registered person, and

(iii)

the panel, and

(d)

the panel decides that it is not necessary to hold a hearing.

(2)

Review proceedings under section 151 of the Act may determined by a fitness to practise panel without a hearing if—

(a)

the parties agree in writing that the proceedings may be determined without a hearing,

(b)

the parties agree in writing to the final decision to be made by the panel, which must be one specified in paragraph (3), and

(c)

the panel decides that it is not necessary to hold hearing.

(3)

The decisions referred to in paragraph (2)(b) are—

(a)

in the case of a review of the fitness to practise of a registered person who has agreed undertakings^f1, a decision by the fitness to practise panel to agree with the person that the undertakings remain in effect with no variations,

(b)

in the case of a review of the fitness to practise of a registered person who is subject to a conditional registration order^f2, a decision by the panel to confirm the conditional registration order with no variations,

(c)

in the case of a review of the fitness to practise of a registered person who is subject to a suspension order^f3, a decision by the panel to confirm the suspension order with no variations.

(4)

Where in accordance with paragraph (1) or (2) proceedings are to be determined without a hearing—

(a)

the panel’s final decision may be made by the chair of the panel;

(b)

at any stage during the proceedings the panel or the chair of the panel may require a hearing to be held.

(5)

SCW may by rules make provision about the steps which may or must be taken by the parties or a fitness to practise panel to enable the panel to reach a decision as to whether it is necessary to hold a fitness to practise hearing.

Annotations

Commencement

I1: Reg. 17 in force at 3.4.2017, see reg. 1(2)

Footnotes

f1: See section 151(1) of the Act. Undertakings may be agreed under section 136(1), 152(5) or (6), 153(4), 154(4) or 155(7) of the Act.
f2: See section 151(3) of the Act. Conditional registration orders may be made, confirmed or varied under section 138(7), 152(8)(c), 153(6) or (7), 154(8)(c) or 155(10)(c) of the Act.
f3: See section 151(5) of the Act.