The General Chiropractic Council (Professional Conduct Committee and Health Committee) Amendment Rules Order of Council 2006

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    " (2) Where after the sending of the notice and copies of any documents to the relevant chiropractor in accordance with rule 15(2) and (4), the Committee has procured or received a further report, statement or other document which in the view of the Committee is material to an issue in the case (not being a report, statement or other document falling within paragraph (2A)) the Registrar shall—


(a) send a copy of the report, statement or document to the relevant chiropractor; and

(b) except where the relevant chiropractor has indicated that he wishes to appear before the Committee under rule 15(3), invite him to make any representations in writing upon the report, statement or document to the Committee within—


(i) the period of 14 days beginning with the date of service of it upon him, or

(ii) if later, before the expiry of the period of 28 days referred to in rule 15(2).



    (2A) A report, statement or other document falls within this paragraph if—



(a) the relevant chiropractor has already received a copy in connection with proceedings under Part III or under rule 17; or

(b) it was procured or provided by or on behalf of the relevant chiropractor to the Committee.



    (2B) In determining whether to exercise its powers under section 22(7) or (9) of the Act, the Committee shall not take into account any report, statement or other document where—



(a) the relevant chiropractor has not been given the opportunity to make any representations in writing upon it to the Committee in accordance with paragraph (2) or rule 15(2)(c), unless he otherwise agrees; or

(b) the relevant chiropractor has indicated a wish to appear before the Committee and he has not been given a reasonable opportunity to consider and comment upon it, unless he otherwise agrees or fails to appear before the Committee.".

Amendment of the Health Rules
     3. For rule 16(2) of the General Chiropractic Council (Health Committee) Rules 2000[3] substitute—

    " (2) Where after the sending of the notice and copies of any documents to the relevant chiropractor in accordance with the rule 15(2), (3) and (5), the Committee has procured or received a further report, statement or other document which in the view of the Committee is material to an issue in the case (not being a report, statement or other document falling within paragraph (2A)), the Registrar shall—


(a) send a copy of the report, statement or document to the relevant chiropractor; and

(b) except where the relevant chiropractor has indicated that he wishes to appear before the Committee under rule 15(4), invite him to make any representations in writing upon the report, statement or document to the Committee within—


(i) the period of 14 days beginning with the date of service of it upon him, or

(ii) if later, before the expiry of the period of 28 days referred to in rule 15(2) or (3),



    (2A) A report, statement or other document falls within this paragraph if—



(a) the relevant chiropractor has already received a copy in connection with proceedings under Part III or under rule 17; or

(b) it was procured or provided by or on behalf of the relevant chiropractor to the Committee.



    (2B) In determining whether to exercise its powers under section 23(4), (5), (6) of the Act, the Committee shall not take into account any report, statement or other document where—



(a) the relevant chiropractor has not been given the opportunity to make any representations in writing upon it to the Committee in accordance with paragraph (2) or rule 15(2)(c), unless he otherwise agrees; or

(b) the relevant chiropractor has indicated a wish to appear before the Committee and he has not been given a reasonable opportunity to consider and comment upon it, unless he otherwise agrees or fails to appear before the Committee.".

Given under the common seal of the General Chiropractic Council this 1st day of June 2006.

[2] Schedule to S.I. 2000/3290.back

[3] Schedule to S.I. 2000/3291.back