The Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) Rules Order of Council 2004

• Citation: S.I. 2004/1680
• Sections: 94

Section 1

This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence ) Rules Order of Council 2004 and shall come into force on 1st June 2004.

Section 2

The Rules set out in the Schedule are approved.

Section 3

The Veterinary Surgeons and Veterinary Practitioners (Disciplinary Committee) (Procedure and Evidence) Rules Order of Council 1967 is hereby revoked.

Section 1.1 Citation and commencement

These Rules may be cited as the Disciplinary Committee (Procedure and Evidence) Rules 2003.

Section 1.2 Citation and commencement

These Rules shall come into force on 1st June 2004.

Section 2.1 Interpretation

In these Rules, unless the context otherwise requires—

“the Act” means the Veterinary Surgeons Act 1966;

“the Chairman” means the chairman of the Committee elected pursuant to paragraph 2(1) of Schedule 2 to the Act, or a member of the Committee who presides in his absence pursuant to Rule 3 of these Rules;

“the Clerk” means the clerk to the Committee appointed in accordance with Rule 4 of these Rules;

“the College” means the Royal College of Veterinary Surgeons;

“the Committee” means the Disciplinary Committee provided for by section 15(2) of the Act;

“conduct case” means a case which has been referred by the Preliminary Investigation Committee to the Disciplinary Committee where it is alleged that the respondent has been guilty of disgraceful conduct in any professional respect;

“conviction case” means a case which has been referred by the Preliminary Investigation Committee to the Disciplinary Committee where it is alleged that the respondent has been convicted in the United Kingdom or elsewhere of a criminal offence rendering him unfit to practise veterinary surgery;

“the Council” means the Council of the Royal College of Veterinary Surgeons;

“disciplinary case” has the meaning given in section 15(1) of the Act;

“fraudulent entry case” means a case which has been referred by the Preliminary Investigation Committee to the Disciplinary Committee where it is alleged that the name of a person has been fraudulently entered on a register;

“Legal Assessor” means an assessor appointed by the Council or by the Committee in pursuance of paragraph 6(2) of Schedule 2 to the Act;

“party” in relation to proceedings before the Committee means—

in any case the respondent;

in a fraudulent entry case, any person who is alleged to have been a party to the alleged fraud;

“Preliminary Investigation Committee” means the committee set up by the Council in pursuance of section 15(1) of the Act;

“register” means a register maintained under section 2 or section 8 of the Act;

“registrar” is the registrar appointed under section 9 of the Act;

“respondent”—

in a conduct case or a conviction case means the person against whom the allegation is made;

in a fraudulent entry case, means the person whose name it is alleged is fraudulently entered in the register;

“the Solicitor” means the solicitor nominated by the College to act as its Solicitor for the purpose of these Rules, and in relation to proceedings before the Committee shall include Counsel instructed by that solicitor.

Section 2.2 Interpretation

In these Rules, any reference to a Rule is to a Rule contained in these Rules, and any reference to a Part is to a Part of these Rules.

Section 2.3 Interpretation

The Interpretation Act 1978 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.

Section 3 Chairman

At any meeting of the Committee the Chairman of the Committee shall preside or, in his absence, such member of the Committee as the Committee may choose or have chosen.

Section 4 Clerk to the Committee

The registrar shall appoint a Clerk to the Committee, who may be an employee of the College but not a member of the Council.

Section 5.1 Notice of inquiry

As soon as may be after a disciplinary case has been referred to the Committee by the Preliminary Investigation Committee, the Clerk shall serve a notice of inquiry, together with a copy of these Rules, on the respondent in accordance with section 26 of the Act.

Section 5.2 Notice of inquiry

A notice of inquiry shall set out the following matters—

(a) the charge(s) against the respondent;

(b) the day, time and place at which the Committee will hold an inquiry into the charges;

(c) the respondent’s right to attend the inquiry and be represented;

(d) the requirement for the respondent to acknowledge receipt of the notice of inquiry;

(e) the requirement for the respondent to inform the Solicitor and the Clerk, at least seven days before the date fixed for the hearing, whether he intends to admit or deny each charge;

(f) the manner in which the respondent may apply for the postponement of the hearing of the inquiry;

(g) that the inquiry may proceed in the respondent’s absence; and,

(h) such further information as the nature of the case may require.

Section 5.3 Notice of inquiry

Where a fraudulent entry case has been referred to the Committee, the Clerk shall send a copy of the notice of inquiry to any other party in the case.

Section 5.4 Notice of inquiry

On the application of any other person and payment of the proper charges, the Clerk shall send a copy of the charges(s) to that person no more than fourteen days before the date fixed for the inquiry.

Section 5.5 Notice of inquiry

The Committee shall not hold an inquiry unless it is satisfied that a notice of inquiry has been served upon the respondent in accordance with this Rule. Unless the respondent agrees otherwise, the inquiry shall not be held less than twenty-eight days after the date on which the notice of inquiry was served on the respondent.

Section 5.6 Notice of inquiry

Where it appears to the Chairman before the commencement of the inquiry that a notice of inquiry should be amended, he shall direct that the notice be amended, unless it appears to him that the required amendment cannot be made without injustice. The Clerk shall serve the amended notice of inquiry on the respondent and if the Chairman considers that the circumstances require it, the inquiry shall be postponed or adjourned in accordance with Rule 22.

Section 6 Acknowledgement of notice of inquiry

Within 10 days of service of the notice of inquiry, or such longer period as may be specified by the Clerk in the notice of inquiry, the respondent shall send to the Clerk an acknowledgment of the notice of inquiry stating—

(a) that he has received the notice of inquiry;

(b) whether or not he intends to attend the hearing; and

(c) whether or not he intends to be represented and, where applicable, the name of the solicitor representing him.

Section 7.1 Service of College’s evidence

No less than 21 days before the date fixed for the inquiry, the Solicitor shall send the respondent and any other party in the case—

(a) a copy of any documentary evidence on which the College intends to rely at the inquiry;

(b) a list of the witnesses whom the College intends to call to give evidence against the respondent; and

(c) for each witness whom the College intends to call, a witness statement, or in exceptional circumstances a summary of the matters on which the witness shall give evidence.

Section 7.2 Service of College’s evidence

Where, after the Solicitor has served evidence in accordance with paragraph 7.1, the College acquires or identifies additional evidence relevant to the inquiry, or identifies additional witnesses whom it wishes to call in support of the disciplinary case against the respondent, the Solicitor shall forthwith send to the respondent and any other party in the case—

(a) a copy of any additional documentary evidence;

(b) a witness statement for each additional witness, or in exceptional circumstances a summary of the matters on which the witness shall give evidence, and an amended list of witnesses.

Section 8 Disclosure of documents

At the same time that he serves the College’s evidence in accordance with paragraph 7.1, the Solicitor shall send to the respondent and any other party in the case any—

(a) formal complaint;

(b) statement;

(c) admission, explanation or similar document sent to the College by any party to the inquiry; and

(d) evidence which may assist the respondent’s case or harm the College’s case,

acquired in the course of investigating and preparing the disciplinary case against the respondent, which has not already been disclosed under paragraph 7.1.

Section 9.1 Bundles of evidence, skeleton arguments and respondent’s notification of intended plea

The Solicitor and the parties may at any time agree that any evidence shall be placed before the Committee as agreed evidence. Any such agreed evidence shall be supplied to the Clerk not less than 7 days before the date fixed for the inquiry.

Section 9.2 Bundles of evidence, skeleton arguments and respondent’s notification of intended plea

At any time before the date fixed for the inquiry, the Solicitor and the parties may, with the consent of the Chairman, agree to refer any legal issue arising between any of them to the Legal Assessor for him to advise the Committee on that issue.

Section 9.3 Bundles of evidence, skeleton arguments and respondent’s notification of intended plea

Not less than seven days before the date fixed for the inquiry, the Respondent shall inform the Solicitor and the Clerk whether or not he intends to admit or deny each charge, and in relation to any charge which he intends to deny whether he intends to admit any fact or conviction alleged in the charge.

Section 10.1 The reading of the charge

If the respondent appears at the hearing of the inquiry, each charge shall be read in the respondent’s presence.

Section 10.2 The reading of the charge

As soon as a charge has been read the respondent may, if he so desires, object to the charge, or to any part of it, in point of law. The Solicitor may answer any such objection and the respondent shall have the right of final reply. If an objection to a charge is upheld, no further proceedings shall be taken on that charge or part of the charge to which the objection relates.

Section 10.3 The reading of the charge

The respondent shall be asked whether he admits each charge. In relation to any charge that is denied, the respondent shall be asked whether each conviction or fact within the charge is admitted.

Section 10.4 The reading of the charge

If the respondent does not appear, the Committee may decide to proceed in the respondent’s absence if it is satisfied that the notice of inquiry was properly served and that it is in the interests of justice to do so.

Section 11.1 Presentation of the case against the respondent

The Solicitor may make an opening speech and—

(a) if the respondent has not admitted every conviction or fact alleged, shall adduce evidence of any conviction or fact not admitted;

(b) in a conviction case, shall address the Committee and may adduce evidence and make submissions, to show that if the conviction alleged is proved or admitted, the nature and circumstances of the offence are such as to render the respondent unfit to practise veterinary surgery;

(c) in a conduct case, shall address the Committee and may adduce evidence and make submissions, to show that if the facts alleged are proved or admitted, the respondent is guilty of disgraceful conduct in a professional respect;

(d) in a fraudulent entry case, shall address the Committee and may adduce evidence and make submissions, to show that if the facts alleged are proved or admitted, the name of the respondent was fraudulently entered on a register.

Section 11.2 Presentation of the case against the respondent

The respondent shall have the opportunity to cross-examine any witness whom the College calls to give evidence in support of the charges against him.

Section 11.3 Presentation of the case against the respondent

If no evidence is adduced concerning any particular charge, and the respondent has made no admission of the relevant conviction or facts, the Committee shall make a finding on that charge in favour of the respondent and the Chairman shall announce that finding.

Section 11.4 Presentation of the case against the respondent

If the respondent does not appear, the Committee may accept an admission made in writing by the respondent.

Section 12.1 Presentation of the case for the respondent

In relation to any charge concerning which evidence has been adduced, the respondent may submit that the Solicitor has not adduced sufficient evidence upon which the Committee could find—

(a) the conviction or facts in the charge proved; or

(b) that a conviction renders the respondent unfit to practise veterinary surgery; or

(c) that the facts alleged are such as to constitute disgraceful conduct in a professional respect;

(d) that the facts alleged are such as to establish that the name of the respondent was fraudulently entered on a register.

Section 12.2 Presentation of the case for the respondent

The respondent may adduce evidence concerning any conviction or fact which he has not admitted, and may address the Committee.

Section 12.3 Presentation of the case for the respondent

In a conviction case, the respondent may adduce evidence as to the nature and circumstances of the offence, to show that they do not render him unfit to practise veterinary surgery, and may address the Committee.

Section 12.4 Presentation of the case for the respondent

In a conduct case, the respondent may adduce evidence to show that the facts alleged are not such as to constitute disgraceful conduct in any professional respect, and may address the Committee.

Section 12.5 Presentation of the case for the respondent

In a fraudulent entry case, the respondent may adduce evidence to show that the facts alleged are not such as to establish that his name was fraudulently entered on a register, and may address the Committee.

Section 12.6 Presentation of the case for the respondent

The Solicitor shall have the opportunity to cross-examine any witness whom the respondent calls in support of his case.

Section 13.1 Further submissions and general matters

The Solicitor may address the Committee by way of reply to the respondent’s case.

Section 13.2 Further submissions and general matters

At the conclusion of the Solicitor’s address, if any, the respondent may address the Committee by way of final reply.

Section 13.3 Further submissions and general matters

Without prejudice to paragraph 13.2, if, at any stage, the respondent has made a submission to the Committee on a point of law the Solicitor shall have the right of reply limited to that submission, and the respondent shall have the right of final reply.

Section 14.1 Supplementary powers of the Chairman and Committee

The disciplinary proceedings to which these Rules apply are in the nature of civil proceedings, and the Committee may allow such further evidence, amendments and submissions and give such further directions as it considers appropriate in all the circumstances.

Section 14.2 Supplementary powers of the Chairman and Committee

Members of the Committee or the Legal Assessor may put questions to the Solicitor, any party in the case or any witness.

Section 15.1 Decision of the Committee

At the close of the evidence and submissions, the Committee shall consider each charge separately and shall decide whether or not each fact or conviction alleged in each charge has been proved, and the Chairman shall announce the Committee’s findings.

Section 15.2 Decision of the Committee

The Committee may at its discretion allow further submissions to ascertain whether there is any evidence not already before it upon which the Respondent would wish to rely to support any submission that a conviction does not render him unfit to practise veterinary surgery, or that the facts found do not constitute disgraceful conduct in a professional respect or do not establish that his name was fraudulently entered on a register. Where the Respondent is allowed to make such submissions, the Solicitor may address the Committee by way of reply, and the Respondent shall have the right of final reply.

Section 15.3 Decision of the Committee

On the conclusion of the proceedings, the Committee shall consider all of the evidence and submissions and shall determine whether each charge against the respondent has been established, and the Chairman shall announce the Committee’s findings.

Section 15.4 Decision of the Committee

In a conduct case, where the Committee finds that the charge has been proved, the finding of the Committee shall be that the respondent is guilty of disgraceful conduct in a professional respect.

Section 15.5 Decision of the Committee

In a conduct case, where the Committee finds that the charge has not been proved, the finding of the Committee shall be that the respondent is not guilty of disgraceful conduct in a professional respect.

Section 16 Procedure where there is more than one respondent

Nothing in this Part shall prevent one inquiry being held into charges against two or more respondents. Where such an inquiry is held, these Rules shall apply with the necessary adaptations, and subject to any directions given by the Committee as to the order in which proceedings shall be taken by or in relation to the several respondents. Any such direction shall ensure that any right of a respondent under these Rules shall be exercised separately by each of the respondents who desire to invoke that right.

Section 17 Fraudulent entry cases

In a fraudulent entry case, if the respondent admits or the Committee determines that the entry was fraudulently made, it shall make a direction in writing, signed by the Chairman, that the entry shall be removed from the Register.

Section 18.1 Conduct and conviction cases

In a conduct or conviction case, where the respondent has admitted the charge or the Committee has found that the charge has been established—

(a) The Solicitor may address the Committee, and may adduce evidence and make submissions, as to the character and previous history of the respondent;

(b) The respondent may then address the Committee, and may adduce evidence and make submissions, by way of mitigation;

(c) If the respondent does not attend the inquiry, the Committee shall take into consideration any written plea in mitigation submitted by the respondent.