The Health Professions Council (Registration Appeals) Rules Order of Council 2003

9.—(1) Except where the Council considers an appeal itself, an appeal shall be considered by an Appeal Panel appointed by the Council for that purpose. U.K.

(2) The quorum of the Council when considering an appeal is seven and shall consist of registrant members and lay members and the number of members who are registrants may exceed the number of lay members but may not exceed them by more than one.

[F1 (3) An Appeal Panel shall comprise not fewer than three members appointed by the Council and shall include—

(a) a person who is registered in the same part of the register as that in which the appellant is, or is applying to be, registered;

(b) a person who—

(i) is not and never has been a registrant, or registered under the 1960 Act or in the AODP register, the AEP register or the BPS register; and

(ii) does not hold a qualification that would entitle them to apply for registration under the Order;

(c) where the health of the appellant is in issue, a registered medical practitioner.]

(4) A member of the Council shall be appointed [F2 as Chair (and may also count as the registrant or lay person mentioned in paragraphs (3)(b)(i) and (ii))].

(5) A person who has been involved in any other capacity in a case which is to be considered by an Appeal Panel shall not be appointed as a member of that Panel.

(6) Decisions by an Appeal Panel shall be made by a majority vote of those present and, in the event of a tie, the [F3 Chair] shall have an additional casting vote which shall be exercised in favour of the appellant.

[F4 (7) The members of an Appeal Panel, other than the Chair, shall be appointed from among the members of the Practice Committees.

(8) A person—

(a) is not eligible to be appointed to, or sit as a member of, an Appeal Panel if that person is disqualified or suspended from membership of the Council or a Practice Committee; and

(b) shall cease to be a member of an Appeal Panel if—

(i) the member resigns, which the member may do at any time by notice in writing to the Council,

(ii) the Council votes (by a majority at a quorate meeting) to terminate the member’s appointment, or

(iii) the member ceases to be a member of the Council or a Practice Committee.]

Textual Amendments

F1 Sch. rule 9(3) substituted (1.7.2009) by The Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009 (S.I. 2009/1355), Sch. rules 1(a), 13(b)(i)

F2 Words in Sch. rule 9(4) substituted (1.7.2009) by The Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009 (S.I. 2009/1355), Sch. rules 1(a), 13(b)(ii)

F3 Word in Sch. rule 9(6) substituted (1.7.2009) by The Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009 (S.I. 2009/1355), Sch. rules 1(a), 13(b)(iii)

F4 Sch. rule 9(7)(8) inserted (1.7.2009) by The Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009 (S.I. 2009/1355), Sch. rules 1(a), 13(b)(iv)