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

PART III Procedure at the hearing

Opening and order of procedure

7.—(1) If the appellant does not appear and the Tribunal is satisfied that a notice has been given to him under Rules 5(1) or 6 (as the case may be), it may dismiss the appeal, or adjourn to give a further opportunity to the appellant to appear, or determine that proceedings on the appeal shall be heard and determined in the absence of the appellant.

(2) At the opening of the hearing—

(a) in the case of an allegation appeal, the clerk shall read out the allegation and shall briefly state the nature of the order made by the Health Committee, and shall indicate whether the appeal relates only to the order made or is against the finding that the allegation is well founded, and

(b) in the case of a review appeal, the clerk shall briefly state the nature of the decision appealed against.

(3) The order of proceedings on a hearing of the appeal shall be as follows—

(a) the Solicitor shall open the case for the Council, and shall call or produce evidence in support of the case of the Council (as respondent to the appeal);

(b) the appellant shall present his case and may call or produce evidence; and

(c) the Tribunal shall hear such further submissions from the parties and receive such further evidence as it considers relevant, having regard to the justice of the case and the public interest.

(4) Any witness called to give oral evidence may be cross-examined and re-examined, and may be questioned by the Tribunal.

Documents and evidence

8.—(1) Subject to the following provisions of this Rule, the Tribunal may consider the appeal on the basis of any of the following reports, written statements and documents submitted in evidence to it without the authors being called to give oral evidence, that is to say—

(a) reports, written statements and other documents prepared or procured for the purposes of section 20(9)(b) of the Act or Rules 6(1) or (2) or 15(1) of the General Chiropractic Council (Health Committee) Rules 2000(1) or procured by the Solicitor for the purposes of the appeal, including any report prepared under Rule 4(3) of the General Chiropractic Council (Investigating Committee) Rules 2000(2);

(b) reports, written statements and other documents prepared on behalf of the appellant;

(c) such other reports, written statements and documents as the Tribunal determines after hearing the views of the parties, and having regard to all the circumstances and the justice of the case, can properly be admitted without such oral evidence.

(2) The Solicitor shall secure that not less than 28 days before the opening of any hearing, the appellant is provided with a list of every report, written statement or other document under paragraph (1)(a) which is to be produced in evidence, a statement as to which (if any) of those he intends to have adduced by way of oral evidence by its author, and a notice requiring the appellant to notify him before the end of the period of 14 days beginning with the day on which that notice was sent to the appellant whether the appellant requires any other author of a report, statement or other document so listed to attend the hearing to give oral evidence as to the matters with which it deals.

(3) The appellant shall secure that not less than 28 days before the opening of any hearing, the Solicitor is provided with a list of every report, written statement or other document under paragraph (1)(b) which is to be produced in evidence, a statement as to which (if any) of those he intends to have adduced by way of oral evidence by its author, and a notice requiring the Solicitor to notify him before the end of the period of 14 days beginning with the day on which that notice was sent to the Solicitor whether the Solictitor requires any other author of a report, statement or other document so listed to attend the hearing to give oral evidence as to the matters with which it deals.

(4) Any list provided by a party under paragraph (2) or (3) shall be accompanied by a copy of any report, statement or document listed of which the other party has not previously been sent a copy.

(5) The Solicitor and the appellant shall, as soon as practicable after supplying the other with the list referred to in paragraphs (2) and (3), send to the clerk three copies of the list and of the reports, statements and documents referred to in it; and the clerk shall secure that the members of the Tribunal are provided with a copy of the same.

(6) Where notification is given by the appellant under paragraph (2) or by the Solicitor under paragraph (3) requiring the author of a report, statement or other document to attend to give oral evidence, the report, statement or other document shall not be taken into account by the Tribunal in reaching its decision on the appeal without such oral evidence unless the Tribunal is of the view that, having regard to all the circumstances (including the difficulty or expense of obtaining such attendance) and the justice of the case, it is proper so to do.

(7) The Tribunal may require a witness to appear before it and give evidence—

(a) on the application of the appellant, notwithstanding the absence of any notification by the appellant under paragraph (2),

(b) on the application of the Solicitor, notwithstanding the absence of any notification by the Solicitor under paragraph (3), or

(c) of its own motion,

and the Tribunal may require a person to attend before it to produce documents.

(8) The Tribunal may administer oaths.

(9) A party may admit a fact, and a fact so admitted may be received in evidence without further proof.

(10) No person may be required under these Rules to give evidence or produce any document or other material at any hearing held by the Tribunal which he could not be compelled to give or produce in civil proceedings in any court in that part of the United Kingdom in which the hearing takes place.

(11) The posting or leaving of a notice under Rule 13(1) for the purposes of Rules 5(1), 6 or 10(4) may be proved by a certificate in writing purporting to be signed by the person posting or leaving it, to which there shall be annexed (in the case of posting) any confirmation of the posting issued by or on behalf of the Post Office or other postal operator.

Hearing to be in public

9.—(1) Subject to Rules 7(1) and 10(5) and (6), and to the following provisions of this Rule, the hearing shall take place in the presence of the parties or their representatives and in public.

(2) The Tribunal may, if satisfied that it would be in the interests of the person making the allegation, or of any person giving evidence or of any patient, or if of the view that the evidence in question relates to matters properly to be treated as confidential between the appellant and a medical practitioner, determine that the public should be excluded from being present in any part of the proceedings.

(3) The Tribunal may deliberate together in the absence of the parties and their representatives and of the public at any time.

Adjournment of hearing

10.—(1) The Tribunal may adjourn the hearing from time to time as it thinks fit.

(2) In the case of an allegation appeal, the Tribunal may in particular adjourn any hearing after it has determined that an allegation is well founded for the purposes of allowing time to deliberate on the terms of any conditions of practice order that it is minded to make.

(3) Unless adjourned proceedings are to resume at a time, date or place not determined at the time of adjournment, upon adjourning the Tribunal shall announce the time, date and place to which the proceeding is adjourned.

(4) If an adjournment of proceedings is to a time, date or place not determined at the time of adjournment or is an adjournment under Rule 7(1) to give a further opportunity to the appellant to appear, the clerk shall secure that reasonable notice is given to the parties of the time, date or place of the resumption.

(5) If, on a hearing resuming after an adjournment under Rule 7(1) to give a further opportunity to the appellant to appear, the appellant does not appear, the Tribunal may, if satisfied that notice under paragraph (4) was duly given to him, act in any manner provided for in Rule 7(1).

(6) If, on a hearing resuming after adjournment in any other case, a party who was present in the earlier proceedings is absent, the Tribunal may proceed in that party’s absence if it is satisfied that the time, date and place of the resumption were announced under paragraph (3) or notice under paragraph (4) was duly given to the party.

Representation

11.—(1) At any hearing, the appellant shall be entitled to be legally represented.

(2) The Solicitor may, with the approval of the Chairman of the Council, instruct Counsel to present the case for the Council.

(1)

Scheduled to S.I. 2000/3291.

(2)

Scheduled to S.I. 2000/2916.