The Health Professions Council (Practice Committees and Registration) (Amendment) Rules Order of Council 2005

Amendments to the Conduct and Competence Committee Rules and Health Committee Rules

5.—(1) In rule 2 of the Conduct and Competence Committee Rules and the Health Committee Rules (interpretation)—

(a) after the definition of “health professional” insert—

““legal assessor” means a person appointed in accordance with article 34(1) of the Order;” and

(b) after the definition of “the Order” insert—

““Presenting Officer” means a person appointed by the Council to present the case on its behalf at any hearing before the Committee which relates to an allegation against a health professional and may include a solicitor or counsel.”; and

(c) omit the definition of “Solicitor”.

(2) In rule 5 of the Conduct and Competence Committee Rules and the Health Committee Rules (allegations), after paragraph (3) add—

“(4) The Committee may consider and determine together—

(a) two or more allegations against the same health professional; or

(b) allegations against two or more health professionals,

where it would be just to do so.”.

(3) In rule 10 of the Conduct and Competence Committee Rules and the Health Committee Rules (conduct of hearing)—

(a) in paragraph (1), after sub-paragraph (f), add—

“; and

(g) the Committee may exclude from the hearing any person whose conduct, in its opinion, is likely to disrupt the orderly conduct of the proceedings.”; and

(b) in paragraph (4), for “Solicitor” in each place where it occurs substitute “Presenting Officer”.

(4) After rule 10 of the Conduct and Competence Committee Rules and the Health Committee Rules insert—

“Vulnerable witnesses

10A.— (1) In proceedings before the Committee, the following may, if the quality of their evidence is likely to be adversely affected as a result, be treated as a vulnerable witness—

(a) any witness under the age of 17 at the time of the hearing;

(b) any witness with a mental disorder within the meaning of the Mental Health Act 1983(1);

(c) any witness who is significantly impaired in relation to intelligence and social functioning;

(d) any witness with physical disabilities who requires assistance to give evidence;

(e) any witness, where the allegation against the health professional is of a sexual nature and the witness was the alleged victim; and

(f) any witness who complains of intimidation.

(2) Subject to any representations from the parties and the advice of the legal assessor, the Committee may adopt such measures as it considers desirable to enable it to receive evidence from a vulnerable witness.

(3) Measures adopted by the Committee may include, but shall not be limited to—

(a) use of video links;

(b) use of recorded evidence as the evidence-in-chief of a witness, provided that the witness is available at the hearing for cross-examination and questioning by the Committee;

(c) use of interpreters (including signers) or intermediaries;

(d) use of screens or such other measures as the Committee consider necessary in the circumstances, in order to prevent—

(i) the identity of the witness being revealed to the press or the general public; or

(ii) access to the witness by the health professional; and

(e) the hearing of evidence by the Committee in private.

(4) Where—

(a) the allegation against a health professional is based on facts which are sexual in nature;

(b) a witness is an alleged victim; and

(c) the health professional is acting in person,

the health professional shall only be allowed to cross-examine the witness in person with the written consent of the witness.

(5) If in the circumstances set out in paragraph (4), a witness does not provide written consent, the health professional shall, not less than seven days before the hearing, appoint a legally qualified person to cross-examine the witness on his behalf and, in default, the Council shall appoint such a person on behalf of the health professional.”.

(5) In rule 13 of the Conduct and Competence Committee Rules and the Health Committee Rules (review of orders and applications for restoration to the register), in paragraph (10) for “Solicitor” substitute “Presenting Officer”.

(1)

1983 c. 20.