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Types of hearing

Procedural hearing

Both parties agree dates for exchanging witness and expert evidence. A date is set for the substantive hearing.

Conducted by two lay members and one professional member of the independent hearings panel, plus one legal adviser.

Substantive hearing

A substantive hearing takes place at least 28 days after the procedural hearing. Provided both parties agree to it, a substantive hearing may occasionally follow on directly from a procedural hearing.

Conducted by three lay and two professional members of the independent hearings panel, plus one legal adviser.

Interim order

This type of hearing takes place if the Investigation Committee feels that a registrant poses an immediate risk to the public and/or him/herself.

An interim order hearing usually takes place within 2-3 weeks of the Committee’s request. The panel decides whether an immediate suspension order or conditions placed on the registrant’s registration should be imposed while the Council’s solicitors obtain evidence for the matter to be heard at a substantive hearing.

Conducted by two lay and one professional member of the independent hearings panel, plus one legal adviser.

Review hearing

This type of hearing takes place:

  • Within the first six months of an interim suspension order, and every six months thereafter for as long as the registrant is suspended from the register; OR
     
  • At the end of a registrant’s suspension period, if a substantive hearing has not yet taken place. The panel will decide if new sanctions should be imposed on the registrant, if the current sanction is adequate, or if all sanctions should be lifted; OR
     
  • At the end of a conditional registration period. The panel will decide if new sanctions should be imposed on the registrant, if the current sanction is adequate, or if all sanctions should be lifted.

 

Conducted by two lay members and one professional member for interim order reviews or three lay members and two professional members of the independent hearings panel for all other review hearings, plus one legal adviser.

 

Registration appeal/application for restoration hearing

A registration appeal hearing is held if an individual is refused entry to the register and they wish to appeal against the Registrar’s decision.

A restoration application hearing is held when a practitioner has been erased from the register for disciplinary reasons and they want to apply to rejoin the register.

Conducted by three lay and two professional members of the Registration Appeals Committee.  

 

 

 

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