The Health Professions Order 2001 (Transitional Provisions) Order of Council 2003

Postponing judgments

8.  Where the Council deals with a case relating to conduct or conviction in accordance with the Act and makes a finding as referred to in rule 10(1) or (2) of the Procedure Rules it—

(a) may not after 8th July 2003 postpone judgment pursuant to rule 10(3) of the Procedure Rules; and

(b) if, but for paragraph (a), the Council would have postponed judgment, it shall, having invited the parties to address it on any relevant matter, act in accordance with article 29(4) or (5) of the Order, and—

(i) thereafter Part V and article 38 of the Order will apply to the decision or order of the Council as if it were a decision or order of a Committee under article 29(4) or (5) of the Order,

(ii) for these purposes, Part V and article 38 of the Order shall apply as if references to a Practice Committee (however made), except in article 38(3)(d) of the Order, were references to the Council, and

(iii) in article 38(3)(d) the reference to the “Practice Committee concerned” shall be read as if it were to “such Practice Committee as the court or sheriff considers appropriate”.