The General Osteopathic Council (Professional Conduct Committee) (Procedure) Rules Order of Council 2000

PART IV REVIEW PROCEDURES

Procedure on resumed or review hearings

45.—(1) Where the Committee is to resume a previous hearing or is, in accordance with rule 37 or 53, meeting to review orders previously made, it shall send to the osteopath notice of the date, time and place fixed for the resumed or review hearing and any information or further evidence on which the Committee will be asked to rely, before the beginning of the period of 28 days ending with the date on which the hearing is to be held.

(2) The Committee shall give the osteopath the opportunity to appear before it and argue his case and shall inform him of his right to be legally represented.

(3) The Committee shall further, where appropriate, invite the osteopath to provide it with any evidence whether by way of statement, report or document as to the conduct of the osteopath since the time of the original inquiry, and his compliance with the conditions in any Conditions of Practice Order.

(4) Where the Committee has adjourned the hearing, or has imposed conditions upon an osteopath’s registration, or suspended the registration of an osteopath, and has given notice that it will resume consideration of such a case, the Committee may ask the osteopath to provide to it the names and addresses of professional colleagues and other persons of standing to whom the Committee can apply for information about the osteopath’s conduct since the time of the original or any previous hearing; and the Committee shall supply copies of any such information received to the osteopath.

(5) Where any osteopath has supplied to the Committee the name of any person to whom reference may be made as to his conduct, the Committee shall consider any information received from such person in consequence of such a reference.

46.  If since the original hearing any new allegation against the osteopath has been referred to the Committee, the Committee shall first proceed with any new allegation in accordance with rules 21 to 39 hereof.

47.  At any meeting at which the proceedings are resumed, or a review undertaken, the Chairman shall first invite the Solicitor to recall the position in which the case stands for the information of the Committee, and shall invite the Solicitor to adduce such evidence as he thinks fit in the same way as for the original hearing.

48.  The Committee shall then hear the osteopath or his representative who shall adduce such evidence as he thinks fit and the Committee shall then proceed as the circumstances of a case may require.

49.  It shall be the duty of the Committee, where the osteopath is subject to a Conditions of Practice Order, to judge first whether the osteopath has failed or succeeded in complying with any of the requirements imposed on him as conditions.

50.  If the Committee judges that the osteopath has complied, it shall determine whether to revoke the direction made at the previous hearing, to vary the conditions if necessary, or to make no further directions and allow the case to conclude on the expiry of the period for which the direction made at the previous hearing applies.

51.  If the Committee judges that the osteopath has failed to comply with the conditions, it must consider and determine whether it is sufficient to vary the conditions imposed, or, if not, whether to direct that the current period of conditions shall be extended with or without any variation, or to impose such other sanction as stated in section 22(6) of the Act.

52.  Where previously the Committee had directed that an osteopath’s registration should be suspended, the Committee shall consider and determine whether it is sufficient to make no further direction or, if not, whether to direct the registration of the osteopath to be subject to a Conditions of Practice Order if the osteopath resumes practice after the end of his suspension, or to direct that any current period of suspension should be extended for a further period of no more than three years.

53.  The Chairman shall announce the determinations of the Committee in such terms as the Committee may approve and may also indicate at the same time in the case of a Conditions of Practice Order which is being extended or reduced for a specified period that it will review the case before any order ceases to have effect and to consider any further determination that may be necessary.

54.  Subject to the provisions of the Act, the validity of any resumed proceedings of the Committee shall not be called into question by reason only that members of the Committee who were present at any former meeting were not present at the resumed meeting, or that members present at the resumed meeting were not present at any former meeting.

General Matters

Adjournment

55.—(1) At any stage during the proceedings the Chairman shall have the power to adjourn the proceedings.

(2) When the proceedings are so adjourned, the Committee shall send to the osteopath concerned and to the complainant written notice of the date, time and place of any resumed hearing.

(3) A resumed hearing shall not be fixed for a date which occurs before the end of the period of 14 days after which the notice of that hearing is sent.

Evidence

56.  The Committee shall have the power to administer oaths and all evidence given orally shall be given on oath or be affirmed.

57.—(1) The Committee may, if satisfied that the interests of justice will not thereby be prejudiced, admit into evidence without strict proof, copies of documents which are themselves admissible, photographs, certificates of conviction, and sentence, the records and registers of the Council, notes of proceedings before the Committee and before other tribunals, or any other material, and the Committee may take note without strict proof of the professional qualifications, registration, address and identity of the osteopath or of any other person.

(2) The Committee may by summons require any person to attend at a time and place stated in the summons to give evidence or to produce any documents in his custody or under his control which relate to any matter in issue before the Committee and shall pay or tender the necessary expenses of attendance.

(3) Any person summoned to attend under the provisions of this rule shall be informed of the offence under section 32(2) of the Act which may be committed in the event of non-compliance.

(4) Without the leave of the Committee no person (other than a party to the proceedings) shall be called as a witness by either party in proceedings before the Committee unless he has been excluded from the proceedings until he is called to give evidence.

58.  All parties to the proceedings shall be entitled to seek an order of the Committee requiring persons to attend and give evidence or to produce documents before the Committee.

59.  The Committee may deliberate in camera with or without the legal assessor at any time and for any purpose during or after the hearing of any proceedings and for such purpose may exclude the Solicitor, the Council, the osteopath, and his representative.

Legal representation

60.  References to legal representation in these Rules shall include representation by Counsel, a Solicitor, or an officer or member of any professional organisation of which the osteopath is a member, or a member of his family.

Record of proceedings

61.—(1) A shorthandwriter or recording system shall be available at the hearing to permit a verbatim record of the proceedings to be made.

(2) Any party to the proceedings of the Committee shall, on application to the Registrar before the end of the period of three months beginning on the last day of the hearing in question, be furnished with a transcript of all or any part of the proceedings at which the party was entitled to be present whether he was present or not.

Referral to the Health Committee

62.  Where it appears to the Committee that an osteopath’s ability to practise may be seriously impaired by reason of his physical or mental condition, the Commitee may refer that question to the Health Committee for determination whether or not the allegation has been proven and, if it has been proven, whether or not the Committee has made a Conditions of Practice Order with respect to the osteopath.

63.  If, following a referral under this rule, the Health Committee subsequently certifies to the Committee its opinion that the fitness of the osteopath to practise is not seriously impaired by reason of his physical or mental condition, then the Committee shall at that stage resume its consideration of the case and conclude it.

64.  If, following a reference to the Health Committee, the Health Committee certifies to the Committee its opinion that the fitness of the osteopath is seriously impaired, then the Committee shall cease to exercise its functions in relation to that case.

Postal service of documents

65.—(1) Any notice or communication required by these Rules to be served on a person may be served on the person either by delivering it to him or leaving it at his address, or by sending it by Registered Post or by Recorded Delivery service.

(2) For the purposes of these Rules, the osteopath’s address shall be his address in the Register or his last known address if it differs from his address in the Register and it appears to the Solicitor that a letter sent to him there is more likely to reach him than at his registered address.

(3) For the purpose of these Rules service of a notification sent by post shall be deemed to have been effected at the time when the letter containing it is sent.

(4) Any notice or communicaiton other than a notice or communication required by these Rules must be sent by first class post.