The General Chiropractic Council (Health Committee) Rules Order of Council 2000

PART II Notice and decision as to manner of proceeding on allegations

Notice of allegation etc.

3.—(1) Where an allegation has been referred to the Committee under section 20 of the Act or by the Professional Conduct Committee by virtue of rules under section 26(2)(a) of the Act, the Committee shall meet as soon as practicable thereafter to consider whether in its view a hearing is desirable to deal with the allegation, for which purpose it shall consider the nature of the allegation and any observations (or admissions) given by the respondent to the Investigating Committee and, in the case of a reference from the Professional Conduct Committee, any evidence given or submissions made to that Committee.

(2) As soon as practicable after that meeting, the Registrar shall give notice to the respondent, specifying the allegation formulated by the Investigating Committee which has been referred to the Committee and—

(a) if the Committee has determined to hold a hearing, notifying the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing; or

(b) if the Committee has not so determined, requiring the respondent, if he wishes to have the allegation considered at a hearing, to notify the Registrar in writing to that effect before the end of the period of 28 days beginning with the day on which that notice was sent to him.

(3) If the respondent notifies the Registrar under paragraph (2)(b) within the period there mentioned of his wish to have the allegation considered at a hearing, the Registrar shall give a further notice to the respondent notifying him of the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing.

(4) If the Committee has not determined under paragraph (1) that a hearing is desirable and the respondent has not requested a hearing pursuant to paragraph (2)(b), but the Committee reaches the view during its investigations and deliberations that the matter should nonetheless be the subject of a hearing, it may then require one, and the Registrar shall in that event give notice to the respondent notifying him of the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing.

(5) A notice given pursuant to paragraph (2)(a), (3) or (4) shall be served before the beginning of the period of 42 days ending with the date of the meeting of the Committee which will consider the allegation by way of a hearing, and shall specify the requirement of Rule 8(3) for the respondent to provide the list, statement and notice there mentioned.

(6) When the Registrar gives notice to the respondent pursuant to paragraph (2)(a), (3) or (4), he shall also notify the person making the allegation concerned of the date, time and place of the meeting of the Committee which will consider the allegation by way of a hearing.

(7) Where a notice given to the respondent under paragraph (2)(b) is served by being left at such an address or place as is mentioned in Rule 21(1) instead of being sent there by post, the reference in paragraph (2)(b) to the day on which that notice was sent to him shall be construed as reference to the day on which it was so left.

Postponement

4.—(1) The Chairman of the Committee (or, in the event of his being unavailable or there being no such Chairman in office, the Registrar) may, of his own motion or on the application of a party to the proceedings, postpone a hearing of which notice has been given pursuant to Rule 3(2)(a), (3) or (4) before the hearing begins.

(2) If the hearing is so postponed the Registrar shall, as soon as practicable, give notice to the parties concerned of the postponement and of the further date, time and place of the meeting of the Committee at which the allegation will be considered by way of a hearing; and the Registrar shall also notify the person making the allegation of that date, time and place.