Veterinary Surgeons and Veterinary Practitioners (Dis- ciplinary Committee) (Procedure and Evidence) Rules Order of Council 1967
| Jurisdiction | UK Non-devolved |
| Citation | SI 1967/659 |
| Year | 1967 |
1967 No. 659
VETERINARY SURGEONS
The Veterinary Surgeons and Veterinary Practitioners (Dis- ciplinary Committee) (Procedure and Evidence) Rules Order of Council 196725thApril 1967
At the Council Chamber, Whitehall, the 25th day of April 1967
By the Lords of Her Majesty's Most Honourable Privy Council
Whereas in pursuance of paragraph 5(1) of Schedule 2 to the Veterinary Surgeons Act 1966(a) the Council of the Royal College of Veterinary Surgeons have made rules entitled "The Disciplinary Committee (Procedure and Evidence) Rules 1967":
And whereas by section 25(1) of the said Act such rules shall not have effect unless approved by Order of the Privy Council:
Now, therefore, Their Lordships, having taken the said rules into consideration, are hereby pleased to approve the same as set out in the Schedule to this Order.
This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) Rules Order of Council 1967.
W. G. Agnew.
SCHEDULE
THE DISCIPLINARY COMMITTEE (PROCEDURE AND EVIDENCE) RULES 1967
The Council of the Royal College of Veterinary Surgeons, in exercise of their powers under paragraph 5(1) of Schedule 2 to the Veterinary Surgeons Act 1966 hereby make the following Rules—
PART I
PRELIMINARY: CITATION AND INTERPRETATION
1. These Rules may be cited as the Disciplinary Committee (Procedure and Evidence) Rules 1967.
2.—(1) In these Rules, unless the context otherwise requires—
"the Act" means the Veterinary Surgeons Act 1966;
"case relating to conduct" means a case which has been referred by the preliminary investigation committee to the disciplinary committee where it is alleged that the respondent has been guilty of disgraceful conduct in any professional respect;
"case relating to conviction" means a case which has been referred by the preliminary investigation committee to the disciplinary committee where it is alleged that the respondent has been convicted in the United Kingdom or elsewhere of a criminal offence rendering him unfit to practise veterinary surgery;
(a) 1966 c. 36.
"case relating to a fraudulent entry" means a case which has been referred by the preliminary investigation committee to the disciplinary committee where it is alleged that the name of a person has been fraudulently entered on a register;
"Chairman" has the meaning assigned to it in Rule 3 of these Rules;
"the College" means the Royal College of Veterinary Surgeons;
"the Committee" means the disciplinary committee provided for by section 15(2) of the Act;
"the Council" means the Council of the Royal College of Veterinary Surgeons;
"Legal Assessor" means an assessor appointed by the Council or by the disciplinary committee in pursuance of paragraph 6(2) of Schedule 2 to the Act;
"party" in relation to proceedings before the Committee means—
(a) in any case the respondent;
(b) in a case relating to a fraudulent entry, any person who is alleged to have been a party to the alleged fraud;
"preliminary investigation committee" means the committee set up by the Council in pursuance of section 15(1) of the Act;
"register" means a register maintained under section 2 or section 8 of the Act;
"respondent"—
(a) in relation to a case relating to conduct or to conviction means the person against whom the allegation is made;
(b) in a case relating to fraudulent entry, means the person whose name it is alleged is fraudulently entered in the register;
"Solicitor" means the Solicitor nominated by the College to act as its Solicitor for the purpose of these Rules, and in relation to proceedings before the Committee shall include Counsel instructed by the said Solicitor.
(2) The Interpretation Act 1889(a) shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
Chairman
3. At any meeting of the Committee the Chairman of the Committee shall preside or, in his absence, such member of the Committee as the Committee may choose.
PART II
CASES RELATING TO CONDUCT AND CASES RELATING TO CONVICTION
Application of Rules
The provisions of this Part and Part V of these Rules shall have effect where a case relating to conduct or a case relating to conviction is referred to the Committee.
Notice of Inquiry
4.—(1) The Registrar shall, as soon as may be after a case has been referred to the Committee by the preliminary investigation committee, serve upon the respondent a notice of inquiry as nearly as may be in the form set out in the Appendix to these Rules specifying the matters alleged against the respondent in the form of a charge or charges, and stating the day, time, and place at which the Committee will hold an inquiry into these matters, together with a copy of these Rules, by letter addressed to the respondent in accordance with the provisions of section 26(2) of the Act.
(a) 1889 c. 63.
(2) The Committee shall not hold an inquiry unless a notice of inquiry has been served upon the respondent in accordance with the foregoing provisions of this Rule.
(3) If any disciplinary case has been referred to the Committee by the preliminary investigation committee as the result of a complaint received from a member of the public, the Registrar shall send to that person a copy of the notice of inquiry and a copy of these Rules.
(4) Except with the agreement of the respondent, the inquiry shall not be held on any day earlier than twenty-eight days after the date of posting the notice of inquiry.
Postponement or Cancellation of Inquiry
5.—(1) The Chairman, of his own motion or upon the application of any party thereto, may postpone the hearing of an inquiry for any period not exceeding 3 months.
(2) Where, before the inquiry opens, it appears to the Chairman, or at any stage of the proceedings it appears to the Committee, that a notice of inquiry is defective, he or they shall cause the notice to be amended, unless it appears to him or them that the required amendment cannot be made without injustice, or if he or they consider that the circumstances in which an amendment is made require it, he or they may direct that the amended notice shall be served on the respondent, and that the inquiry shall be postponed.
(3) The Registrar shall, as soon as may be, give to all parties to whom a notice of inquiry has been sent, notification of any decision to postpone or not to hold an inquiry, informing them of the date fixed for the hearing of a postponed inquiry.
Access to Documents
6. Upon application by any party to the inquiry and on payment of proper charges the Solicitor shall send to that party a copy of any statutory declaration, complaint, answer, admission, explanation or other similar document sent to the College by any party to the inquiry.
The Reading of the Charge
7.—(1) The charge shall be read in the presence of the respondent: Provided that if the respondent does not appear but the Committee nevertheless decide that the inquiry shall proceed the charge shall be read in his absence.
(2) As soon as the charge has been read the respondent may, if he so desires, object to the charge, or to any part of it, in point of law. The Solicitor may...
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