Health and Social Care Professionals Act 2005
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Conduct of hearing. |
58.—(1) A committee of inquiry shall, subject to subsection (6) and sections 61 and 62, hear a complaint referred to it under section 56 (1)(b) or (2). | |
(2) A hearing before a professional conduct committee must be held in public, unless— | ||
(a) the registrant or the complainant requests the committee to hold all or part of the hearing otherwise than in public, and | ||
(b) the committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing otherwise than in public. | ||
(3) A hearing before a health committee shall be held otherwise than in public, unless— | ||
(a) the registrant or the complainant requests that all or part of the hearing be held in public, and | ||
(b) the committee is satisfied that it would be appropriate in the circumstances to hold the hearing or part of the hearing in public. | ||
(4) At the hearing before the committee of inquiry— | ||
(a) the registrar, or any other person with leave of the committee, shall present the evidence in support of the complaint, | ||
(b) the testimony of witnesses attending the hearing shall be given on oath, and | ||
(c) there shall be a full right to cross-examine witnesses and call evidence in defence and reply. | ||
(5) Any member of a committee of inquiry may administer oaths required for the purposes of an inquiry. | ||
(6) A committee to which a complaint is referred under section 56 (1)(b) or (2) may transfer the complaint to another committee of inquiry before or after hearing any evidence relating to the complaint, but only if it is satisfied that— | ||
(a) in view of the nature of the complaint, it is appropriate to do so, and | ||
(b) the legal rights of the registrant will not be prejudiced by doing so. | ||
(7) A committee of inquiry to which a complaint is transferred under subsection (6) shall, subject to sections 61 and 62, hear the complaint and, for that purpose— | ||
(a) may receive in evidence a transcript or part of a transcript of evidence taken before the committee that transferred the complaint and draw any conclusions of fact from the evidence that it considers appropriate, or | ||
(b) if satisfied that it is necessary in the interests of fair procedures to do so, may rehear any evidence taken before the committee that transferred the complaint. |