THE GENERAL CHIROPRACTIC COUNCIL (PROFESSIONAL CONDUCT COMMITTEE) RULES 2000
The General Chiropractic Council, in exercise of its powers under sections 26 and 35(2) of, and paragraph 21 of Schedule 1 to, the Chiropractors Act 19942, and of all other powers enabling it in that behalf, hereby makes the following Rules:—
1. Citation and Commencement
These Rules may be cited as the General Chiropractic Council (Professional Conduct Committee) Rules 2000, and shall come into force on 11th December 2000.
In these Rules—
“allegation” means an allegation falling within section 20(1) of the Act;
“the Committee” means the Professional Conduct Committee of the Council;
“the Council” means the General Chiropractic Council;
“the legal assessor” means a legal assessor appointed under section 27 of the Act and nominated by the Registrar under Rule 5(2);
“party” means the respondent or the Solicitor, and references to “the parties” shall be construed accordingly;
“the respondent” means the chiropractor to whom an allegation under consideration by the Committee relates;
“the Solicitor” means a solicitor appointed by the Registrar for the purposes of presenting the case for the allegation to a hearing held by the Committee.
Notice and decision as to manner of proceeding on allegations
3. Notice of allegation etc.
(1) Where an allegation has been referred to the Committee under section 20(12)(b)(ii) of the Act or by the Health Committee by virtue of rules under section 26(2)(a) of the Act, the Committee shall meet as soon as practicable to consider whether in its view a hearing is desirable to deal with the allegation, for which purpose it shall consider the nature of the allegation and any observations (or admissions) given by the respondent to the Investigating Committee, and, in the case of a reference from the Health Committee, any evidence given or submissions made to that Committee.
(2) As soon as practicable after that meeting, the Registrar shall give notice to the respondent, specifying the allegation formulated by the Investigating Committee which has been referred to the Committee and—
(a) if the Committee has determined to hold a hearing, notifying the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing; or
(b) if the Committee has not so determined, requiring the respondent, if he wishes to have the allegation considered at a hearing, to notify the Registrar in writing to that effect before the end of the period of 28 days beginning with the day on which that notice was sent to him.
(3) If the respondent notifies the Registrar under paragraph (2)(b) within the period there mentioned of his wish to have the allegation considered at a hearing, the Registrar shall give a further notice to the respondent notifying him of the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing.
(4) If the Committee has not determined under paragraph (1) that a hearing is desirable and the respondent has not requested a hearing pursuant to paragraph (2)(b), but the Committee reaches the view during its investigations and deliberations that the allegation should nonetheless be the subject of a hearing, it may then require one, and the Registrar shall in that event give notice to the respondent notifying him of the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing.
(5) A notice given pursuant to paragraphs (2)(a), (3) or (4) shall be served before the beginning of the period of 21 days ending with the date of the meeting of the Committee which will consider the allegation by way of a hearing.
(6) When the Registrar gives notice to the respondent pursuant to paragraphs (2)(a), (3) or (4), he shall also notify the person making the allegation concerned of the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing.
(7) Where a notice given to the respondent under paragraph (2)(b) is served by being left at such an address or place as is mentioned in Rule 21(1) instead of being sent there by post, the reference in paragraph (2)(b) to the day on which that notice was sent to him shall be construed as a reference to the day on which it was so left.
(1) The Chairman of the Committee (or in the event of his being unavailable or there being no such Chairman in office, the Registrar) may, of his own motion or on the application of a party to the proceedings, postpone a hearing of which notice has been given pursuant to Rule 3(2)(a), (3) or (4) before the hearing begins.
(2) If the hearing is so postponed, the Registrar shall, as soon as practicable, give notice to the parties concerned of the postponement and of the further date, time and place of the meeting of the Committee at which the allegation will be considered by way of a hearing; and the Registrar shall also notify the person making the allegation of that date, time and place.
Procedure at hearing on allegation
5. Application of Part III and preliminary matters
(1) This part applies in any case where the respondent requires a hearing in accordance with Rule 3(2)(b) or the Committee determines under Rule 3 that an allegation should be the subject of a hearing.
(2) Before the opening of the hearing the Registrar shall nominate a legal assessor to provide advice to the Committee in considering the allegation, and the Registrar shall secure that any such assessor is provided before the hearing with a copy of the allegation as formulated by the Investigating Committee.
6. Procedure at meeting considering the allegation
(1) If the respondent does not appear the Committee shall call upon the Solicitor to produce evidence that notice has been given to the respondent under Rules 3(2)(a), (3) or (4) or 4(2) (as the case may be); and if the Committee is satisfied that it was so given, it may determine that proceedings on the allegation shall be heard and determined in the absence of the respondent.
(2) At the opening of the hearing, the allegation shall be read out by the Solicitor.
(3) When the allegation has been so read out, the respondent may—
(a) admit any of the facts alleged (in which case the facts admitted shall be taken as proved);
(b) submit an objection on grounds of law to any allegation or part of an allegation.
(4) If the respondent submits an objection on grounds of law under paragraph (3)(b), before determining the matter the Committee shall give the Solicitor an opportunity to address the Committee and shall consider the advice of the legal assessor.
(5) Subject to paragraph (9), if the Committee is satisfied after hearing the parties and consulting the legal assessor that an objection under paragraph (3)(b) is substantiated, the allegation or part of the allegation in relation to which it is so satisfied shall not be proceeded with further.
(6) Subject to paragraph (7), the order of proceedings in relation to any allegation with respect to which any of the material facts are not admitted by the respondent shall, unless the Committee directs otherwise, be as follows—
(a) the Solicitor shall open the case for the allegation, and shall call evidence in support of it;
(b) the respondent shall present his case, and may call evidence;
(c) the Solicitor shall have a right of reply by way of closing submissions, and with the leave of the Committee before making such submissions to call further evidence dealing only with the rebuttal of any matters raised by the respondent;
(d) the respondent may make closing submissions to the Committee.
(7) At the conclusion of the stage referred to in paragraph (6)(a), the Committee may determine (whether on submissions of the respondent or otherwise) that insufficient evidence has been adduced to satisfy it that the allegation was well founded and dismiss the allegation without hearing evidence for the respondent.
(8) If, after the conclusion of proceedings under paragraph (6), the Committee determines that the allegation is well founded, it may if it thinks fit hear further evidence or submissions from the parties for the purpose of determining the steps to be taken under subsections (3) and (4) of section 22 of the Act, and it shall in any event afford the respondent the opportunity required by paragraph (11) of that section in respect of its exercise of its powers under subsection (4) of that section.
(9) Any witness called to give oral evidence may be cross-examined and re-examined,...