Office of Public Sector Information

PART 2 Initial consideration by the Registrar

Consideration of allegations by the Registrar

9.—(1) Where the Registrar is on notice of a fitness to practise allegation, after consideration of it, he shall not refer it to a fitness to practise committee if—

(a) more than five years have elapsed since the circumstances giving rise to the allegation, unless the Registrar considers that it is necessary for the protection of the public, or otherwise in the public interest, for that allegation to be referred;

(b) the complainant is anonymous, unless the Registrar has been able to establish a case that has a real prospect of a referral by the Investigating Committee under article 50(3)(a) of the Order;

(c) the identity of the registrant against whom the allegation is made is not known;

(d) the allegation is of a type that the Council has stated in its published threshold criteria (as amended from time to time) should not be referred to the Investigating Committee.

(2) Where the Registrar is on notice of any other allegation, in considering whether or not to refer the matter to the Investigating Committee, he shall take into account—

(a) whether more than five years have elapsed since the circumstances giving rise to the allegation (in which case he shall not refer the allegation, unless he considers that it is necessary for the protection of the public, or otherwise in the public interest, for that allegation to be referred);

(b) whether the complainant is anonymous (if it is, the Registrar shall not refer the allegation, unless he has been able to establish a case that has a real prospect of a referral by the Investigating Committee without the assistance of the complainant;

(c) the published threshold criteria referred to in paragraph (1)(d); and

(d) the published referral criteria of the Investigating Committee.

(3) The Registrar’s consideration of an allegation under paragraph (1) or (2) may include the carrying out of any investigations which, in his opinion, are appropriate to the consideration of it.

(4) Investigations referred to in paragraph (3) may include—

(a) requesting the Society’s employees to undertake further inquiries;

(b) requesting the maker of the allegation to provide a written statement or statutory declaration;

(c) instructing solicitors and inquiry agents; or

(d) in the case of a fitness to practise allegation, requiring the registrant to agree to be medically examined by a registered medical practitioner nominated by the Society.

(5) A fitness to practise allegation is to be referred to the Health or Disciplinary Committee, instead of to the Investigating Committee, if the Registrar considers that—

(a) the Committee should consider making an interim order, and if he does, he shall notify the Committee accordingly; or

(b) the public interest is best served by urgent consideration of the case,

and in these circumstances, in the case of an allegation that could go to either committee, the Registrar shall send it to the Disciplinary Committee if he considers that there is a likelihood of that Committee deciding to give a direction that the registrant be removed from the register.

(6) A fitness to practise allegation is to be referred to the Disciplinary Committee instead of the Investigating Committee if it relates to a conviction for a criminal offence that led to the imposition of a custodial or suspended custodial sentence.

Notices of referral and documents to be supplied to registrants

10.—(1) Once the Registrar has taken a decision to refer a fitness to practise or disqualification allegation against a registrant to the Investigating Committee, he shall—

(a) send to the registrant concerned a notice of referral to the Investigating Committee;

(b) provide the registrant concerned with copies of all documentation, including summaries of relevant information, to be placed by the Registrar before the Investigating Committee; and

(c) provide the registrant concerned with a copy of the published referral criteria of the Investigating Committee.

(2) The notice of referral to the Investigating Committee shall in terms—

(a) particularise the allegation;

(b) set out any recommendations for disposal of the case made by the Registrar;

(c) specify a date for the meeting of the Investigating Committee which will consider the allegation, which shall be no less than 28 days after the date of service of the notice of referral;

(d) inform the registrant of the Investigating Committee’s powers—

(i) to dismiss the case,

(ii) to issue warnings,

(iii) to agree undertakings,

(iv) to refer the matter to the Disciplinary Committee or, in fitness to practise proceedings, the Health Committee, and

(v) in respect of the initiation of criminal proceedings;

(e) invite the registrant to indicate, no later than 21 days after service of the notice, whether—

(i) the particulars of the allegation set out in the notice are admitted or denied,

(ii) he would prefer the case to be fast tracked;

(f) invite the registrant concerned to provide written representations on the allegation, and on any recommendations for disposal of the case made by the Registrar;

(g) state that any written representations must be submitted to the Investigating Committee no later than 21 days after service of the notice;

(h) inform the registrant concerned that any representations, or extracts of any representations, received from him may be shown to the person making the allegation, if any, for comment;

(i) inform the registrant concerned that the Investigating Committee may seek further information from any source for the purposes of carrying out its functions in investigating the allegation, including from the registrant’s employer, if any; and

(j) in fitness to practise proceedings—

(i) require from the registrant concerned the details mentioned in article 49(3)(a) of the Order, and

(ii) inform him of the matters set out in article 49(4) of the Order.

(3) Once the Registrar has taken a decision to refer a fitness to practise allegation against a registrant to the Health or Disciplinary Committee, the Registrar shall send to the registrant concerned a notice informing him of that decision, which shall in terms—

(a) require from the registrant the details mentioned in article 49(3)(a) of the Order; and

(b) inform him of the matters set out in article 49(4) of the Order.

(4) A person who is the subject of a criminal conduct allegation shall not be notified where that allegation is referred to the Investigating Committee, unless that person is a registrant and the allegation is being referred together with a fitness to practise or disqualification allegation.

Applications for restoration

11.—(1) Subject to the following provisions of this rule, any person seeking restoration to the register under article 55 of the Order shall apply using the relevant application form, which shall be in such form as the Council shall determine from time to time.

(2) The application form shall (amongst other matters)—

(a) require the applicant—

(i) to provide his full home address and contact details (including a telephone number and electronic mail address, where possible),

(ii) to give his reasons for saying that his fitness to practise is no longer impaired,

(iii) to provide any necessary supporting documentation, as mentioned in paragraph (3),

(iv) to sign and date the application;

(b) include a demand that the applicant pay any relevant prescribed fee; and

(c) request the applicant to provide information relating to the applicant’s gender, ethnicity and any disability, for monitoring purposes.

(3) A person applying for restoration to the register under article 55 of the Order shall provide to the Registrar, together with his application form—

(a) at least two certificates attesting to the applicant’s identity and good character, one of which must be given by a registrant in good standing with the Society;

(b) sufficient evidence to demonstrate the applicant’s fitness to return to practice, which may include—

(i) evidence of activities designed to address or learn from the original allegation,

(ii) evidence of learning activities designed to keep up to date with skills and knowledge, and with developments in practice, and

(iii) evidence demonstrating insight into the gravity of the allegation which resulted in his removal from the register; and

(c) any necessary supporting documentation, information or evidence as mentioned in the application form, and such additional documents, information or evidence as the Registrar may reasonably require for the purposes of verifying the information in, or determining, the application.

(4) The Registrar shall not accept a certificate of the type referred to in paragraph (3)(a) as a valid part of the application unless there is an indication on the face of the certificate that the person signing it—

(a) knows why the applicant was removed from the register; and

(b) has seen a copy of the reasons given by the committee which gave the direction that the applicant be removed from the register.

(5) The application shall be refused if the applicant does not pay the relevant prescribed fee.

(6) Once the Registrar has referred the application to the Disciplinary Committee, the Society shall request case management directions.