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

Procedure at meeting considering the allegation U.K.

6.—(1) If the respondent does not appear the Committee shall call upon the Solicitor to produce evidence that notice has been given to the respondent under Rules 3(2)(a), (3) or (4) or 4(2) (as the case may be); and if the Committee is satisfied that it was so given, it may determine that proceedings on the allegation shall be heard and determined in the absence of the respondent.

(2) At the opening of the hearing, the allegation shall be read out by the Solicitor.

(3) When the allegation has been so read out, the respondent may—

(a) admit any of the facts alleged (in which case the facts admitted shall be taken as proved);

(b) submit an objection on grounds of law to any allegation or part of an allegation.

(4) If the respondent submits an objection on grounds of law under paragraph (3)(b), before determining the matter the Committee shall give the Solicitor an opportunity to address the Committee and shall consider the advice of the legal assessor.

(5) Subject to paragraph (9), if the Committee is satisfied after hearing the parties and consulting the legal assessor that an objection under paragraph (3)(b) is substantiated, the allegation or part of the allegation in relation to which it is so satisfied shall not be proceeded with further.

(6) Subject to paragraph (7), the order of proceedings in relation to any allegation with respect to which any of the material facts are not admitted by the respondent shall, unless the Committee directs otherwise, be as follows—

(a) the Solicitor shall open the case for the allegation, and shall call evidence in support of it;

(b) the respondent shall present his case, and may call evidence;

(c) the Solicitor shall have a right of reply by way of closing submissions, and with the leave of the Committee before making such submissions to call further evidence dealing only with the rebuttal of any matters raised by the respondent;

(d) the respondent may make closing submissions to the Committee.

(7) At the conclusion of the stage referred to in paragraph (6)(a), the Committee may determine (whether on submissions of the respondent or otherwise) that insufficient evidence has been adduced to satisfy it that the allegation was well founded and dismiss the allegation without hearing evidence for the respondent.

(8) If, after the conclusion of proceedings under paragraph (6), the Committee determines that the allegation is well founded, it may if it thinks fit hear further evidence or submissions from the parties for the purpose of determining the steps to be taken under subsections (3) and (4) of section 22 of the Act, and it shall in any event afford the respondent the opportunity required by paragraph (11) of that section in respect of its exercise of its powers under subsection (4) of that section.

(9) Any witness called to give oral evidence may be cross-examined and re-examined, and may be questioned by the Committee and (with the leave of the Committee) by the legal assessor.

(10) Where all of the material facts of an allegaton are admited and the Committee is satisfied that the allegation is well founded, the Committee shall hear any explanation of the Solicitor of the circumstances surrounding the allegation so far as relevant, and shall hear any submissions in mitigation which the respondent wishes to make; and the Committee may if it thinks fit hear submissions or evidence for the purpose of determining the steps to be taken under subsections (3) and (4) of section 22 of the Act, and it shall in any event afford the respondent the opportunity required by paragraph (11) of that section in respect of its exercise of its powers under subsection (4) of that section.

(11) If it appears to the Committee that the particulars of an allegation as formulated by the Investigating Committee should be amended (whether in consequence of an objection under paragraph (3)(b) or at any other time) and that the amendment can be made without injustice, it may, after hearing the parties and consulting the legal assessor, amend the particulars to such extent as appears to the Committee to be necessary or desirable.