SCHEDULES
F1SECOND SCHEDULE
Part II Procedure of Disciplinary Committees
3
1
Subject to the next following sub-paragraph, the Council shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before disciplinary committees, and in particular—
a
for securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified by the rules, to the person alleged to be liable to have his name removed from the register;
b
for determining who, in addition to the person aforesaid, shall be a party to the proceedings;
c
for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the committee;
d
for enabling any party to the proceedings to be represented by counsel or solicitor or (if the rules so provide and the party so elects) by a person of such other description as may be specified by the rules;
e
for requiring proceedings before the committee to be held in public except so far as may be provided by the rules;
f
for requiring, in cases where it is alleged that a person is guilty of infamous conduct in any professional respect, that where the committee judges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates.
2
As respects proceedings for the registration of a person whose name was previously removed from a register by direction of a disciplinary committee, the Council shall have power to make rules with respect to all or any of the matters mentioned in the foregoing sub-paragraph, but shall not be required to do so; and separate rules under this paragraph may be made as respects such proceedings.
3
Before making rules under this paragraph the Council shall consult the boards for the time being established under this Act, and before entering into consultations with the Council under this sub-paragraph a board shall consult such bodies representing members of the relevant profession as the board thinks fit.
4
Rules under this paragraph shall not come into force until confirmed by order of the Privy Council.
Act repealed (1.7.1999 for the repeal s. 10, 11.5.2001 for the repeals of Sch. 1 para. 16(2) and Sch. 2 para. 1(1) for specified purposes, 1.4.2002 for the repeals of ss. 1, 2(1)-(4), 3-5, 8, 9(1)(2)(5)(6), 11, 12, Sch. 1 and Sch. 2, 9.7.2003 for the repeals ss. 6, 7, 9(3)(4), 13 and 1.8.2004 in so far as not aready in force) by Health Act 1999 (c. 8), ss. 60(3), 67(1)(3), Sch. 5; S.I. 2001/1985, art. 2(2)(b); S.I. 2002/1167, arts. 2, 4, 5; S.I. 2003/1689, art. 2; S.I. 2004/1859, art. 2