The General Chiropractic Council (Health Appeal Tribunal) Rules Order 2000

PART II Procedure before the hearing

Notice of appeal

3.  An appeal shall be made by giving notice in writing to the Registrar, specifying the decision of the Health Committee in relation to which the appeal is brought.

Establishment of the Tribunal

4.—(1) As soon as practicable after the Registrar receives an appeal, the Chairman of the Council shall request either the Chairman of the General Council of the Bar or the President of the Law Society (or a person authorised by either of them) to select a person to act as the chairman of the appeal tribunal to hear the appeal (in these Rules referred to as “the Tribunal”).

(2) The chairman of the Tribunal selected under paragraph (1) shall be a person who is qualified as mentioned in section 27(4) of the Act and who is willing and able to act as chairman in the appeal.

(3) The member of the Tribunal referred to in section 30(7)(a) of the Act shall be a fully registered chiropractor willing and able to act in the appeal who is selected by the chairman of the Tribunal appointed under paragraph (1) from a list kept by the Registrar of fully registered chiropractors who have agreed to sit on appeal tribunals established under section 30 of the Act.

(4) The member of the Tribunal referred to in section 30(7)(b) of the Act shall be a registered medical practitioner willing and able to act in the appeal who is selected at the request of the chairman of the Tribunal by the President of the General Medical Council (or a person authorised by him).

(5) A member of the Council or of a committee or sub-committee of the Council shall not be appointed a member of the Tribunal.

(6) A member of the Tribunal shall be entitled to the payment by the Council of his reasonable fees relating to his functions in connection with the Tribunal, which fees shall be determined in the event of a disagreement as to what those fees should be by a person appointed for the purpose—

(a) in the case of the chairman of the Tribunal, by the Chairman of the Bar Council or, as the case may be, the President of the Law Society (according to the person making the selection under paragraph (1)), or a person authorised by the said Chairman or President,

(b) in the case of the member appointed under paragraph (3), by the President of the Law Society or a person authorised by him,

(c) in the case of the member appointed under paragraph (4), by the President of the General Medical Council or a person authorised by him;

and the reasonable costs of any such determination shall be payable by the parties to the disagreement in such proportions as the person determining the issue directs.

Notice of hearing

5.—(1) As soon as practicable after the Tribunal has been established in accordance with Rule 4 and a clerk appointed under section 30(9) of the Act, the clerk shall give notice to the appellant of the date, time and place of the hearing of the Tribunal which will consider the appeal.

(2) A notice given pursuant to paragraph (1) shall be given not later than the beginning of the period of 42 days ending with the date fixed for the opening of the hearing, and shall specify the requirement in Rule 8(3) that the appellant provide the list, statement and notice there mentioned.

Postponement

6.  The chairman of the Tribunal may, of his own motion or on the application of a party to the proceedings, postpone a hearing of which notice has been given under Rule 5(1) before the hearing begins, and if he does so the clerk shall, as soon as practicable, inform the parties concerned of the postponement and give notice of the further date, time and place fixed for the opening of the hearing.