The General Chiropractic Council (Professional Conduct Committee) Rules Order of Council 2000

Manner of proceeding U.K.

16.—(1) The Committee may by notice given by the Registrar request the relevant chiropractor to attend before the Committee even if that chiropractor has not requested so to appear under Rule 15.

(2) In determining the steps to be taken under section 22(7) or (9) of the Act, the Committee shall not take into account any evidence or other matters relating to issues of fact unless the relevant chiropractor has been given an opportunity to consider and comment on the evidence or other matter, by the Registrar providing him with the documents referred to in Rule 15(4) and with any other material documents which have subsequently been procured by the Committee for the purposes of this Part, and (if the relevant chiropractor has not indicated within the period mentioned in sub-paragraph (b) of Rule 15(2) that he wishes to appear before the Committee and he does not appear under paragraph (1) above) by the Committee giving him an opportunity to make representations to it in writing before the expiry of the period mentioned in that sub-paragraph or (if later) before the expiry of the period of 14 days beginning with the day on which such documents were served on him.

(3) At any appearance before the Committee under this Part, the relevant chiropractor may be legally represented.

(4) At any such appearance, the relevant chiropractor may give evidence and call witnesses, and he and such witnesses may be questioned by the Committee.

(5) Where the relevant chiropractor is to appear before the Committee, he may, at the time that he notifies the Registrar under Rule 15 that he wishes to appear or (if later) before the expiry of the period of 14 days beginning with the day on which a copy of any report or statement was served on him, request the Committee in writing that the author of any report or statement of which he has been sent a copy under Rule 15(4) or paragraph (2) above should appear before the Committee to adduce the report or statement by way of oral evidence and to be questioned by the relevant chiropractor; and if he makes such a request the report or statement shall not be taken into account by the Committee without such appearance by the author unless the Committee is satisfied that it is desirable in the interests of making due inquiry that it should be taken into account, having regard to the justice of the case and the difficulty or expense of obtaining such appearance.

(6) The Committee may arrange for the attendance of the author of any report or statement of which the relevant chiropractor has been sent a copy under Rule 15(4) or paragraph (2) above, even if no request is made by the relevant chiropractor under paragraph (5), in order that the author may be questioned by the Committee, and if it does so and the relevant chiropractor has elected to appear before the Committee pursuant to section 22(11) of the Act, the author may also be questioned by him.

(7) The Committee may from time to time adjourn any proceedings before it at which the relevant chiropractor is to be present, whether to enable attendance of the author of a report or statement under paragraphs (5) or (6) or for any other reason; and the relevant chiropractor shall be given reasonable notice by the Registrar of the date, time and place of the resumption of such adjourned proceedings at which he is to be present unless they were announced at the time of adjournment and the relevant chiropractor or his legal representative were than present.

(8) The Committee may take the advice of a legal assessor appointed under section 27 of the Act in discharging its functions under this Part; and it shall secure unless otherwise agreed by the relevant chiropractor or his representative that such an assessor is present at any appearance of the relevant chiropractor before the Committee, and any legal assessor may with the leave of the Committee question any witness attending before it.

(9) If the relevant chiropractor has indicated that he wishes to appear—

(a) the proceedings connected with his appearance shall be in public unless the Committee is satisfied that it is in the interests of the person making the allegation which gave rise to the conditions of practice order or suspension order concerned, or of any person giving evidence or of any patient, that the public should be excluded from being present in any part of those proceedings;

(b) nothing in this Part shall preclude the Committee deliberating together in the absence of the relevant chiropractor (and any representative) and of the public at any time; and

(c) if the relevant chiropractor does not appear and the Committee is satisfied that notice has been given to him under Rule 15(3) or (in the case of an adjournment) notice has been given under paragraph (7) or the announcement referred to in that paragraph was made, it may proceed in his absence.