The Human Fertilisation and Embryology (Appeals) Regulations 2009

Evidence

21.—(1) All questions of admissibility of evidence and law before the Committee shall be decided by the Chair.

(2) Subject only to the requirements of relevance and fairness, and with the permission of the Chair, the Committee may receive–

(a) any documentary or physical evidence; and

(b) where a hearing is held, any oral evidence,

whether or not such evidence would be admissible in any civil proceedings in that part of the United Kingdom where the hearing before the Committee is taking place.

(3) Where a party wishes to adduce written evidence from a witness other than a letter of testimonial, the Committee shall only receive such evidence if the statement—

(a) contains an attestation, in a format acceptable to the Committee, that the statement is true; and

(b) is signed by the person making it.

(4) Where an appellant has been convicted of a criminal offence in the British Isles (and has not successfully appealed against the conviction), a copy of the certificate of conviction certified by a competent officer of the court (or in Scotland, an extract conviction) shall be admissible as conclusive proof of that conviction and the findings of fact on which it was based.

(5) The only evidence that may be adduced by the appellant in rebuttal of a conviction certified or extracted in accordance with paragraph (4) is evidence for the purpose that the appellant is not the person referred to in the certificate or extract.

(6) A formal notification of a determination about an appellant’s fitness to practice made by a body responsible under any enactment for the regulation of a health or social care profession (in the United Kingdom or elsewhere), and signed by an officer authorised by that body to sign such a notification, shall be sufficient evidence, unless the contrary is proved, of any facts found proved by that body.

(7) Written evidence which has not been submitted by either party in accordance with regulations 16 and 17 and this regulation, shall only be considered by the Committee if, in the opinion of the Chair, there are exceptional circumstances.