OpenLegislation

Regulation 8 Evidence in registration appeals proceedingsI1

England and Wales

(1)

A finding of fact by a registration appeals panel must be made on the balance of probabilities.

(2)

In registration appeals proceedings evidence is not admissible unless—

(a)

it would be admissible in civil proceedings in England and Wales, or

(b)

the registration appeals panel considers that the evidence is relevant, and that it is fair to admit it.

(3)

A certificate signed by a competent officer of a court of any jurisdiction that a person has been convicted of a criminal offence or, in Scotland, an extract conviction, is conclusive evidence of the offence.

(4)

A certificate that a person is included in a barred listf1 (for the purposes of section 117(1)(c) of the Act), issued by the person responsible for maintaining the list, is conclusive evidence of that fact.

(5)

A certificate issued by a relevant bodyf2 (for the purposes of section 117(1)(d) of the Act) that it has determined that a person’s fitness to practise is impaired is conclusive evidence of that determination.

Annotations

Commencement

I1

Reg. 8 in force at 3.4.2017, see reg. 1(2)

Footnotes

f1

See section 117(3) for the definition of “barred list”.

f2

See section 117(4) for the definition of “relevant body”.