Made | 25th May 2004 | ||
Coming into force | 1st June 2004 |
2.2
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.
2.3
The Interpretation Act 1978 shall apply to the interpretation of these Rules as it applies to the interpretation of an Act of Parliament.
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.
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.
5.3
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.
5.4
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.
5.5
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.
5.6
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.
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 -
7.
Service of College's evidence
7.1
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 -
7.2
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 -
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 -
acquired in the course of investigating and preparing the disciplinary case against the respondent, which has not already been disclosed under paragraph 7.1.
9.
Bundles of evidence, skeleton arguments and respondent's notification of intended plea
9.1
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.
9.2
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.
9.3
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.
11.2
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.
11.3
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.
11.4
If the respondent does not appear, the Committee may accept an admission made in writing by the respondent.
12.
Presentation of the case for the respondent
12.1
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 -
12.2
The respondent may adduce evidence concerning any conviction or fact which he has not admitted, and may address the Committee.
12.3
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.
12.4
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.
12.5
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.
12.6
The Solicitor shall have the opportunity to cross-examine any witness whom the respondent calls in support of his case.
13.
Further submissions and general matters
13.1
The Solicitor may address the Committee by way of reply to the respondent's case.
13.2
At the conclusion of the Solicitor's address, if any, the respondent may address the Committee by way of final reply.
13.3
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.
14.
Supplementary powers of the Chairman and Committee
14.1
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.
14.2
Members of the Committee or the Legal Assessor may put questions to the Solicitor, any party in the case or any witness.
15.
Decision of the Committee
15.1
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.
15.2
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.
15.3
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.
15.4
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.
15.5
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.
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.
18.2
The Committee shall next consider and determine whether to give its judgment concerning the respondent forthwith or to postpone judgment for a period not exceeding 2 years. The Chairman shall announce the Committee's determination.
18.3
If the Committee postpones its judgment, it may do so subject to undertakings from the respondent. Any such undertakings must be accepted by the respondent at the hearing before the Committee, and shall be set out in the written record of the Committee's determination and in the notice of direction served on the respondent in accordance with section 16(2) of the Act.
18.4
If the Committee gives its judgment forthwith, it may -
18.5
If the Committee reserves reasons for its judgment, the Clerk shall serve those reasons with the notice of direction under Section 16(2) of the Act.
19.
Procedure where judgment stands postponed
19.1
Where the judgment of the Committee stands postponed, and it appears to the Chairman from information received since the inquiry that the respondent has failed to comply with any undertaking given to the Committee or that the proceedings should be resumed for any other reason, the Chairman may direct that the proceedings shall be resumed.
19.2
Where the judgment of the Committee stands postponed and the Committee is to resume the hearing of an inquiry -
19.3
At any hearing at which the proceedings are resumed -
19.4
At any resumed proceedings, any new charge alleged against the respondent under these Rules shall be dealt with in accordance with Part III of these Rules. Nothing in this paragraph shall prevent the Committee from receiving evidence of any conduct of the respondent or conviction recorded against the respondent which has not been made the subject of a charge under these Rules.
19.5
So far as is reasonably practicable, proceedings resumed under this Rule shall take place before a Committee having the same constitution as the Committee which heard the inquiry. Nevertheless, subject to the provisions of the Act, the validity of resumed proceedings shall not be called in question by reason only of the fact that the Committee is differently constituted.
20.7
Subject to the foregoing provisions of this Rule, and to Part VI of these Rules, the procedure of the Committee in connection with the application shall be such as they may determine.
22.4
In deciding whether to postpone or adjourn a hearing, the Committee shall have regard to all of the circumstances and to the interests of justice.
22.5
The Clerk shall, as soon as possible, notify the respondent, any other party in the case and the Solicitor of any decision to postpone or adjourn an inquiry and of the date fixed for the hearing of the postponed or adjourned inquiry.
23.
Evidence
23.1
The Committee may receive oral evidence whether or not under oath, documentary evidence, or other evidence of any fact which appears to it relevant to the inquiry into the case before it. Subject to any other provision of these Rules, the Committee may receive evidential material prior to the hearing of an inquiry.
23.2
All documents put before the Committee shall be deemed to be authentic unless proved otherwise to the satisfaction of the Committee.
23.3
Where the decision of any court or tribunal is relevant to an issue which arises before the Committee -
23.4
Unless proved otherwise to the satisfaction of the Committee -
23.5
The Committee may accept admissions made by any party and may in such case dispense with proof of the matters admitted.
23.6
Subject to paragraph 23.5, any charge which may result in a direction by the Committee that a respondent be removed from the register, shall be proved so that the Committee is satisfied to the highest civil standard of proof; so that it is sure.
23.7
The Committee may require any person to be called as a witness in any proceedings before it, whether or not the parties consent thereto. Any witness summons requiring the attendance of a witness or the production of documents before the Committee pursuant to paragraph 4(1) or (2) of Schedule 2 to the Act shall be issued out of the High Court or the High Court of Justice in Northern Ireland, as the case may be.
24.
Representation
24.1
An individual party may appear before the Committee in person.
24.2
A party which is a body corporate or an unincorporated body of persons may be represented before the Committee by its secretary or another officer appointed for the purpose.
24.3
Any party may be represented before the Committee by counsel or a solicitor. A respondent may be represented by a friend.
25.
Voting
25.1
All acts of the Committee shall be decided by a majority of the members present.
25.2
Any questions put to the vote shall be put in the form of a motion. The Chairman himself may vote for or against the motion.
25.3
Where on any question the votes are equal, the Chairman shall not have a casting vote but the question shall be deemed to have been resolved in favour of the respondent, except under Rule 20. For the purposes of this paragraph, a decision to postpone judgment shall be taken to be a decision in favour of the respondent or applicant unless he has indicated to the Committee that he is opposed to postponement.
26.
Records of proceedings
26.1
The Clerk shall arrange for all public hearings of the Committee to be recorded.
26.2
Any party to the proceedings shall, on applying to the Clerk and paying the proper charges, be provided with a copy of the record of any part of the proceedings at which he was entitled to be present.
26.3
Paragraphs 26.1 and 26.2 do not apply to the deliberations of the Committee.
27.
Records of decisions
27.1
Every decision, determination, direction, finding and judgment of the Committee or Chairman shall be recorded in writing.
27.2
Written notification of every decision, determination, direction, finding and judgment of the Committee or Chairman shall be sent to the respondent or applicant under Rule 20. Subject to any provision in the Act or these Rules, the Chairman may dispense with this requirement.
28.
Supplementary powers of the Chairman and Committee
28.1
The Committee or Chairman may waive any procedural requirement of these Rules, where the parties consent or the interests of justice so require.
28.2
The Committee or Chairman shall determine the procedure for any aspect of the proceedings for which there is no specific provision in these Rules.
PURSUANT to a resolution passed at a meeting of the Council of the Royal College of Veterinary Surgeons on 30th October 2003, the Common Seal of the said Royal College was affixed hereto on the same date in the presence of -
L.S.
Richard E W Halliwell
President
John Parker
R G Eddy
Members of Council