Application of Part 4
27
Open ↗This Part shall apply to a resumed hearing before a Practice Committee.
Source
The General Dental Council (Fitness to Practise) Rules Order of Council 2006 PART 4 — Resumed hearings
Notification of resumed hearing
28
Open ↗(1) The registrar shall send to the respondent a notification of resumed hearing, and that notification shall— (a) inform the respondent of the date, time and venue of the resumed hearing; (b) inform the respondent of his right to attend and to be represented at the resumed hearing; (c) inform the respondent of a Practice Committee’s power to proceed with the resumed hearing in his absence; (d) inform the respondent of his right to adduce evidence; (e) inform the respondent of the grounds for holding the resumed hearing and specify the matters which a Practice Committee are to consider at that hearing and the directions which they could give in the respondent’s case; (f) be accompanied by a copy of these Rules where they have not previously been sent to the respondent; and (g) require the respondent to inform the registrar whether he intends to attend the resumed hearing and to be represented at that hearing. (2) The notification of resumed hearing shall be sent to the respondent no later than 28 days before the date fixed for the resumed hearing, unless the respondent has agreed in writing to an earlier resumed hearing date. (3) The registrar may, if he considers that it is appropriate to do so and the resumed hearing is to be before the Professional Conduct Committee or the Professional Performance Committee, send the same notification to more than one respondent, in which case rule 25(1) shall apply. (4) The registrar may send notification of the proceedings to any person who in his opinion has an interest in those proceedings, and provide any person so notified with an opportunity to submit written representations.
Order of proceedings
29
Open ↗Unless a Practice Committee determine otherwise, the order of proceedings at a resumed hearing shall be as follows— (a) the presenter shall— (i) inform the Practice Committee of the background to the case and the sanctions previously imposed on the respondent, (ii) direct the attention of the Practice Committee to any relevant evidence previously considered by the Practice Committee including transcripts of previous hearings, (iii) present any relevant evidence not previously considered by the Practice Committee, and (iv) make submissions as to the matters being considered by the Practice Committee; and (b) the respondent or the respondent’s representative may— (i) present any relevant evidence on which the respondent intends to rely, and (ii) make submissions as to the matters being considered by the Practice Committee.
Decision
30
Open ↗(1) A Practice Committee shall, on conclusion of the address and submissions by the respondent or the respondent’s representative, withdraw to deliberate in private, and shall decide whether to give a direction under section 27C or 36Q of the Act. (2) The parties and the public shall be re-admitted and the Chairman of a Practice Committee shall announce the decision of the Practice Committee and the reasons for it in their presence. (3) Rule 22 shall apply in relation to the making of any order for immediate suspension or immediate conditional registration at a resumed hearing.
Notification of decision
31
Open ↗The registrar shall send notification of any decision or order made by a Practice Committee at a resumed hearing under rule 22(2) or 30(1), and the reasons for that decision or order, to— (a) the person (if any) who made the allegation; and (b) any other person who in the registrar’s opinion has an interest in the proceedings.
Publication of information
32
Open ↗(1) The registrar shall publish details of any decision or order made by a Practice Committee at a resumed hearing under rule 22(2) or 30(1), with the exception of any confidential details relating to the physical or mental health of the respondent. (2) Where all or part of a hearing has been held in private in accordance with rule 53, publication under paragraph (1) shall not identify any party or witness who took part in the private hearing (or that part of the hearing that was in private), other than the respondent. (3) Publication under paragraph (1) may be made in electronic form on the website of the Council.
Reference of cases to another Practice Committee etc.
33
Open ↗Rule 26(1) shall apply to proceedings to which this Part applies.
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