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The Health Professions Council (Screeners) Rules Order of Council 2003

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Consideration of allegations

5.—(1) A panel shall consider any allegation which is referred to it and shall establish whether power is given by the Order to deal with the allegation if it proves to be well founded.

(2) Where a panel decides that power is not given by the Order to deal with an allegation, subject to paragraph (3), it shall close the case and inform the Registrar of its decision.

(3) Where a panel comprises two Screeners, a decision to close a case may only be made by a unanimous decision but where a panel comprises more than two Screeners it may be made by a majority decision.

(4) Where—

(a)a decision to close a case cannot be reached in accordance with paragraph (3); or

(b)a panel determines that power is given by the Order to deal with an allegation,

the panel shall refer the allegation to such Practice Committee as it sees fit and shall submit the report of the result of its consideration of the allegation to that Committee.

(5) Where a panel refers any allegation to the Health Committee or Conduct and Competence Committee the Council shall give notice of the referral to—

(a)where known, the employer of the health professional or any other person with whom he has an arrangement to provide professional services;

(b)where known, any other body by which the health professional is authorised to practise a health or social care profession; and

(c)the Secretary of State, the Scottish Ministers, the National Assembly for Wales, and the Department of Health, Social Services and Public Safety in Northern Ireland.

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