- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). UK Statutory Instruments are not carried in their revised form on this site.
39.—(1) Unless the relevant Committee determines otherwise, the order of proceedings at an interim order hearing before the Health or Disciplinary Committee shall be as follows—
(a)the chair shall declare the hearing open;
(b)where the registrant concerned is not present or represented at the hearing, the chair—
(i)shall require the secretary to adduce evidence that all reasonable efforts have been made to serve the Interim Order Notice on the registrant concerned, and
(ii)having consulted the committee, may—
(aa)if he is satisfied that the Interim Order Notice has been duly served, proceed with the hearing in the absence of the registrant concerned, or
(bb)adjourn the hearing and issue appropriate directions;
(c)the presenter shall inform the Committee of the reasons why it may be necessary to make an interim order, or to revoke, confirm, vary or replace any order previously made, and may adduce evidence and call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony);
(d)the registrant concerned may make representations as to why an interim order should not be made, or should be revoked or not confirmed, varied or replaced, and he may adduce evidence and call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony);
(e)the Committee shall deliberate in private and shall then announce its decision, together with the reasons for its decision, in the presence of the parties (where present).
(2) Where the terms of the order to be made or continued, or the terms of the variation to the order, or its revocation, are agreed between the parties, the Committee may take the agreed steps without the need for a hearing.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: