The Human Fertilisation and Embryology (Procedure for Revocation, Variation or Refusal of Licences) Regulations 2009

Procedure at hearings

13.—(1) No later than 7 days before the hearing, the secretary shall provide the committee with an agenda and the documents relevant to the proceedings before the committee.

(2) The order of proceedings at the hearing shall be as follows—

(a) the chair shall declare the hearing open;

(b) where the person 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 notice of hearing on the person concerned, and

(ii) having consulted the committee, may—

(aa) if he is satisfied that the notice of hearing has been duly served, proceed with the hearing in the absence of the person concerned, or

(bb) adjourn the hearing and issue appropriate directions;

(c) the presenter shall make an opening statement, outlining what he considers to be the relevant circumstances of the case;

(d) the person concerned may adduce evidence, and may call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony and subject to paragraph (4));

(e) the presenter may adduce evidence in rebuttal of the position of the person concerned and in support of the position of the Authority, and may call witnesses (provided that the chair is satisfied that the witness is in a position to provide relevant testimony and subject to paragraph (4));

(f) the person concerned may make a closing statement;

(g) before making its decision, the committee may—

(i) seek advice from a legal, clinical, scientific or specialist adviser (provided that the parties are provided with an opportunity to comment on such advice before the committee makes its decision),

(ii) adjourn and require a party to provide further information or documents,

(iii) adjourn and require an inspection to be made by employees of the Authority of any premises where licensed activity is or is to be carried out,

(iv) adjourn and require an inspection to be made by employees of the Authority of any premises that are or will be relevant third party premises, and

(v) adjourn and require a report to be presented to it of any inspection made in accordance with (iii) and (iv) above;

(h) the committee shall deliberate in private and shall then announce its decision in the presence of the parties (where present), together with the reasons for its decision.

(3) The conduct of the hearing shall otherwise be at the discretion of the chair, who may (amongst other matters) invite the parties to make additional submissions to those outlined in paragraph (2).

(4) The chair may refuse to allow a witness to give oral evidence, or to give evidence on a particular matter, if he is satisfied that all or part of the evidence that the witness is to provide, or is to provide on that matter, should have been disclosed to the party not calling the witness at an earlier stage in the proceedings.

(5) Subject to paragraph (6), hearings shall be held in public.

(6) After consulting with the legal adviser, the chair may require some or all of the hearing to be held in private, where he is satisfied that an interest of a party in maintaining privacy outweighs the public interest in holding the hearing or part of it in public.

(7) The chair may require any member of the public attending the hearing to be excluded from the hearing, where he considers that the continued presence of that person may disrupt the proceedings before the committee.