Procedure on appealI16

1

The F1Family Practitioner Services Independent Appeal Panel shall send a copy of the notice of appeal and of any further particulars furnished by the practitioner to the F2Department, and shall invite the F2Department to submit its observations on the appeal within 28 days of being sent the copy of the notice of appeal.

2

Where observations are made under paragraph (1), the F3Family Practitioner Services Independent Appeal Panel shall send a copy of those observations to the practitioner and shall invite them to submit their comments on the observations within 28 days of the practitioner being sent that copy.

F43

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F44

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F45

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F46

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F47

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F48

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9

Unless the practitioner and the F5Department notify the F6Family Practitioner Services Independent Appeal Panel, when providing observations under paragraphs (1) and (2), that they are content for the F7Family Practitioner Services Independent Appeal Panel to determine the appeal on the basis of written representations, paragraphs (10) to (14) shall apply.

10

The F8Family Practitioner Services Independent Appeal Panel shall appoint a day for the hearing and shall give the practitioner and the F9Department not less than 21 days’ notice in writing of the day, time and place of the hearing.

11

No person shall, without the consent of the practitioner and the F13Family Practitioner Services Independent Appeal Panel, be admitted to the hearing unless they are—

a

the practitioner;

b

a representative of the F14Department who is an officer or member of the F14Department;

c

a person (who may be a barrister, a solicitor or any other person) engaged by a person mentioned in sub-paragraph (a) or (b) to represent them before the F13Family Practitioner Services Independent Appeal Panel; or

d

a person whose attendance is required for the purpose of giving evidence to the F13Family Practitioner Services Independent Appeal Panel.

12

The practitioner and the F15Department shall not rely on any facts or contentions which do not appear to the F17Family Practitioner Services Independent Appeal Panel to have been raised in the course of the F16Department investigations unless—

a

not less than seven days before the hearing, notice in writing was given to the F17Family Practitioner Services Independent Appeal Panel of such facts or contentions; or

b

the F17Family Practitioner Services Independent Appeal Panel give their consent.

13

The F10Family Practitioner Services Independent Appeal Panel shall give notice in writing to the practitioner and the F11Department of its determination of the matters mentioned in regulation 5(3)(c), (d) or (4)(b) and shall include with the notice a statement of its reasons for the determination.

F1214

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