SCHEDULE
The Farriers Registration Council Disciplinary Committee (Procedure) Rules 1976
PART I
CITATION, INTERPRETATION AND APPLICATION TO SCOTLAND
These Rules may be cited as the Farriers Registration Council Disciplinary Committee (Procedure) Rules 1976.
In these Rules, unless the context otherwise requires—
“the Act” means
“appellant” means
“applicant” means
“the Chairman” means
“the Committee” means
“the complainant” means
“the Council” means
“disciplinary case” means
“inquiry” means
“the Investigating Committee” means
“the Legal Assessor” means
“party to the inquiry” meansprovided that a complainant who does not appear at the inquiry shall not thereafter be treated as a party to it;
“register” means
“registrar” means
“respondent” means,
“the Solicitor” means
In the application of these Rules to Scotland—
for the references to a complainant there shall be substituted references to a complainer;
for the references in Parts I–IV and VI of these Rules to a respondent there shall be substituted references to a defender.
In these Rules a form referred to by number means the form so numbered in the Appendix to these Rules, or a form substantially to the like effect, with such variations as the circumstances of the particular case may require.
The Interpretation Act 1889 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
PART II
DISCIPLINARY CASES—PRELIMINARY PROCEEDINGS
Notice of inquiry
The Solicitor shall, as soon as may be after a disciplinary case has been referred to the Committee, serve upon the respondent a notice of inquiry in Form 1 specifying—
the charge or charges, the alleged facts relied on in relation to each charge and the provision of section 15 of the Act under which each charge is brought; and
the day, time and place at which the Committee will hold an inquiry into these matters.
The notice shall be accompanied by a copy of the Act and of these Rules.
If there is a complainant, the Solicitor shall send him a copy of the notice of inquiry and a copy of these Rules.
The Committee shall not hold an inquiry unless a notice of inquiry has been served upon the respondent in accordance with these Rules.
Except with the agreement of the respondent, the inquiry shall not be held within 28 days after the date of posting the notice of inquiry.
A notice of inquiry may, with the leave of the Chairman, be amended at any time before the close of the inquiry:
Provided that, if it seems necessary in the interests of justice, the Chairman shall order the amended notice to be treated as a fresh notice for the purposes of this rule and the inquiry shall be postponed accordingly.
Postponement or cancellation of inquiry
The Chairman, of his own motion or upon the application of any party thereto, may postpone the hearing of any inquiry or may refer the matter to the Investigating Committee for further consideration as to whether an inquiry should be held.
The Solicitor shall, as soon as may be, give to all parties to whom a notice of inquiry has been sent notification of any decisions to postpone or not to hold an inquiry, and inform them of any date fixed for the hearing of a postponed inquiry.
Access to documents
Upon application by any party to the inquiry, the Solicitor shall send to that party a copy of any statutory declaration, complaint, answer, admission, explanation or other similar document received by the Council from any other party to the inquiry.
PART III
DISCIPLINARY CASES—INQUIRY PROCEDURE
The reading of the charge
The charge shall be read in the presence of the respondent by the Solicitor or by the Chairman:
Provided that if the respondent does not appear at the inquiry but the Committee nevertheless decide that the inquiry shall proceed, the charge shall be read in his absence.
As soon as the charge has been read the respondent may, if he so desires, object to it or to any part of it in point of law, and any other party may reply to any such objection; and if any such objection is upheld, no further proceedings shall be taken on that charge or on the part of it to which the objection relates.
Proof of the facts alleged
If the respondent appears at the inquiry the, Chairman shall ask if all or any of the facts alleged in the charge are admitted.
The complainant or, if no complainant appears, the Solicitor shall then open the case and may call witnesses and adduce evidence of any such facts not admitted by the respondent and of any matter connected with the facts alleged which may be relevant. The respondent may cross-examine any such witness and the witness may thereafter be re-examined.
The respondent may then submit that the evidence called by the complainant or by the Solicitor does not establish the charge alleged or does not justify the removal of his name from the register. The Committee shall consider and determine any such...
