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The General Medical Council (Legal Assessors and Legally Qualified Persons) Rules Order of Council 2015

The General Medical Council (Legal Assessors and Legally Qualified Persons) Rules Order of Council 2015 reg 4

reg 4 Advice of legal assessors tendered at hearings

(1) Any advice given at a hearing by a legal assessor on a question of law as to evidence or procedure must be given in the presence of every party, or person representing a party, in attendance at the hearing. This is subject to paragraph (2). (2) The advice may be tendered in the absence of the parties or their representatives where the Committee, a Panel or a Tribunal— (a) has begun to deliberate on its decision; and (b) it considers that it would be prejudicial to the discharge of its functions for that advice to be tendered in the presence of the parties or their representatives. (3) Where advice is tendered in the absence of the parties or their representatives in accordance with paragraph (2), the legal assessor who tendered that advice must— (a) as soon as practicable after the completion of the deliberations inform each of the parties (or their representatives) in attendance at the hearing of the advice tendered, together with any question which led to that advice; and (b) subsequently record those matters in writing and give a copy to those parties or their representatives. (4) A party to the proceedings who does not attend, and is not represented at, the hearing to which the advice referred to in paragraph (3) applies must, upon that party’s application, be provided with a copy of that advice.

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