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

PART V U.K. General

Procedure on allegations where there is no hearing U.K.

17.—(1) This Rule applies where the respondent to an allegation does not require a hearing in accordance with Rule 3(2)(b) and the Committee does not determine under Rule 3(1) or (4) that the allegation should be the subject of a hearing.

(2) The Committee shall not, in considering the allegation and determining the steps to be taken under section 22(3) or (4) of the Act, take into account any evidence or other matters relating to issues of fact unless the respondent and the person making the allegation have been given an opportunity to consider and comment on the evidence or other matter.

(3) Subject to paragraph (2), in considering the allegation and determining any steps to be taken under section 22(3) or (4) of the Act, the Committee may make such inquiry in such manner as it thinks fair and proper; but it shall afford the respondent the opportunity required by subsection (11) of section 22 of the Act in respect of its exercise of its powers under subsection (4) of that section.

Notification of decisions U.K.

18.—(1) As soon as practicable after the Committee has made its decision on whether an allegation is well founded and as to any steps to be taken under section 22(3) and (4) of the Act, whether or not that decision was announced at the conclusion of a hearing under Part III the Committee shall, by notice given by the Registrar, notify—

(a) the respondent of its decision and its reasons for reaching it, and (if the allegation is found to be well founded) of the respondent’s right of appeal under section 31 of the Act; and

(b) the person making the allegation of its decision and its reasons for reaching it.

(2) As soon as practicable after the Committee has determined under Part IV the steps that it is to take under section 22(7) or (9) of the Act the Committee shall, by notice given by the Registrar, notify the chiropractor to whom the decision relates of its decision and its reasons for reaching it, and (so far as relevant) of his right of appeal under section 31 of the Act.

Voting U.K.

19.—(1) The Committee shall vote on any matter to be determined by the Committee in considering an allegation, or in deciding under Part IV the steps to be taken under section 22(7) or (9) of the Act, by the Chairman of the Committee calling upon members present to signify their votes by raising their hands, and by the Chairman then announcing his own vote (followed by any casting vote as provided for in paragraph 36(3) or (4) of Schedule 1 to the Act) and declaring to the Committee how the matter has been decided.

(2) Any member may challenge any decision so declared, in which event the Chairman shall again announce the motion, and call each member’s name in turn, each member on being so called announcing his own vote, being either “yes" or “no" to the motion put, and the Chairman shall vote last, making first his ordinary vote and then (so far as relevant) any casting vote, and then declare the result.

(3) No member present may abstain.

Referral to Health Committee U.K.

20.—(1) If in the course of the investigation of and its deliberations on an allegation, the Committee is of the view that a substantial issue arises whether the ability of the respondent to practise as a chiropractor is seriously impaired because of his physical or mental condition, it may refer the matter to the Health Committee, and the Health Committee shall deal with the matter as if the allegation were to that effect.

(2) The power under paragraph (1) may be exercised notwithstanding that a hearing under Part III has begun, provided that the Committee has not voted on its decision whether the allegation is well founded.

(3) The Committee shall take no further action on the allegation if, following a reference under this Rule, the Health Committee finds that the ability of the respondent to practise as a chiropractor is seriously impaired because of his physical or mental condition (in which event the matter shall be finally disposed of by the Health Committee).

(4) The Committee shall continue under Part III or Rule 17 (as the case may be) with its consideration of the allegation and dispose of it accordingly if, following a reference under this Rule, the Health Committee certifies its opinion to the Committee that the ability of the respondent to practise as a chiropractor is not seriously impaired because of his physical or mental condition.

Service and giving of documents U.K.

21.—(1) Any notice, document or other matter to be given to or served on a chiropractor by the Registrar under these Rules may be served by sending it by a postal service in which delivery or receipt is recorded to, or leaving it at, the address of the chiropractor as appearing in the register pursuant to section 6(1)(b) of the Act, or if his last known place of residence differs from his address in the register and it appears to the Registrar that, if the notice, document or other matter is sent to or left at that place of residence, it is more likely to reach him, it may be served by sending it by such a postal service to or leaving it at his last known place of residence.

(2) Any other notice, document or other matter to be given to or served on a person under these Rules may be sent by ordinary post.

(3) The address for service of the Registrar for the purposes of paragraph (2) shall be the principal office of the Council, for a chiropractor shall be any such address or place as is mentioned in paragraph (1) (treating the second reference in that paragraph to the Registrar as a reference to the person sending the matter in question) and for the Solicitor shall be the address at which he ordinarily practises, or shall be such other address as any of them may specify for the purpose.