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10 Procedure of Disciplinary Committee.U.K.

(1)For the purpose of any proceedings under this Act before the Disciplinary Committee in England and Wales (whether relating to disciplinary cases or otherwise) the Disciplinary Committee may administer oaths, and any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(2)Section [F136 of the Supreme Court Act 1981](which provides a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to any such proceedings as aforesaid as it applies in relation to causes or matters in the High Court.

(3)For the purpose of any proceedings under this Act before the Disciplinary Committee in Scotland (whether relating to disciplinary cases or otherwise) the Disciplinary Committee may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Disciplinary Committee, and for the issue of letters of second diligence against any witness or haver failing to appear after due citation, to grant warrant for the recovery of documents, and to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

[F2(3A)The Disciplinary Committee may order any party to any proceedings under this Act before the Committee to pay the whole or part of the costs of the proceedings.]

(4)The Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Committee, and in particular—

(a)for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person alleged to be [F3liable to a penalty];

(b)for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee;

(c)for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d)for requiring proceedings before the Disciplinary Committee to be held in public except in so far as may be provided by the rules;

(e)for requiring in any case where it is alleged that a person registered under this Act has been guilty of [F4such misconduct or such a contravention as is mentioned in section 7(1)(b) or (c) of this Act]and where the Disciplinary Committee judge that the allegation has not been proved, that they shall record a finding that the person is not guilty of such misconduct [F5or contravention]in respect of the matter to which the allegation relates;

(f)for requiring, in cases where it is alleged that a registered person is [F6liable to a penalty]under subsection (2), (3) or (4) of section 7 of this Act, that, where the Disciplinary Committee judge that the allegation has not been proved, they shall record a finding that the person is not guilty of the matters alleged;

(g)for ensuring that persons likely to be affected by any finding of the Committee are duly notified of that finding:

Provided that as respects proceedings for the restoration of names to the register or appeals against the refusal of an application for registration the Council shall have power to make rules with respect to all or any of the matters aforesaid, but shall not be required to do so, and separate rules under this section may be made as respects such proceedings and as respects such appeals.

(5)Before making rules under this section the Council shall consult such organisations as appear to the Council to be representative of the interests of dispensers of hearing aids or of persons employing such dispensers [F7and such organisations as appear to the Council to be representative of the interests of persons with impaired hearing.].

(6)Rules under this section shall not come into force until approved by the Lord Chancellor, and the Lord Chancellor may approve rules under this section either as submitted to him or subject to such modification as appears to him requisite:

Provided that where the Lord Chancellor proposes to approve any such rules subject to modifications he shall notify to the Council the modifications he proposes to make and shall consider the observations of the Council thereon.

Textual Amendments