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SCHEDULES

SCHEDULE 3Professional Conduct and Health Cases

Rules of procedure

2(1)Subject to the provisions of this paragraph, the Council shall make rules—

(a)as to the procedure to be followed and rules of evidence to be observed in proceedings before the Professional Conduct Committee; and

(b)as to the procedure to be followed and rules of evidence to be observed in proceedings before the Health Committee.

(2)The Council shall in particular make rules—

(a)for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whose registration the proceedings relate;

(b)for securing that any parry to the proceedings shall, if he so requires, be entitled to be heard by the Committee in question;

(c)for enabling any party to the proceedings to be represented by counsel or solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d)for requiring proceedings before the Professional Conduct Committee to be held in public except so far as may be provided by the rules;

(e)for requiring, in cases where it is alleged that a registered dentist has been guilty of serious professional misconduct, that where the Professional Conduct Committee judge that the allegation has not been proved they shall record a finding that the dentist is not guilty of such misconduct in respect of the matters to which the allegation relates.

(3)Before making rules under this paragraph the Council shall consult such bodies of persons representing dentists as appear to the Council requisite to be consulted.

(4)Rules under this paragraph shall not come into force until approved by order of the Privy Council contained in a statutory instrument, and the Privy Council may approve such rules either as submitted to them or subject to such modifications as appear to them requisite; but where the Privy Council propose to approve any rules subject to modifications they shall notify to the Council the modifications they propose to make and consider any observations of the Council on the modifications.