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39.—(1) All hearings by a panel shall be in public except where a practitioner (as defined in paragraph 21 of Schedule 9A to the 1977 Act) has asked for the hearing be in private and the panel considers that it is reasonable in all the circumstances for that hearing to be held in private.
(2) The following persons shall be entitled to attend the hearing of an appeal or an application, whether or not it is in private—
(a)the President or any member of the FHSAA, notwithstanding that he is not a member of the panel for the purpose of the hearing,
(b)a member of the Council on Tribunals,
but such persons may not take part in the proceedings or in the making of any decision by a panel.
(3) A panel, with the consent of the parties, may permit any other person to attend the hearing of an appeal or application which is held in private.
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