Section 105 Procedural rules
325.Section 105 requires the OHPA to make rules about the procedure to be followed in making referrals to it under the Medical Act 1983 or the Opticians Act 1989 and the procedure to be followed before its panels (including the rules of evidence). The rules will not apply to the conduct by the regulatory bodies of their investigations or the preparation of the case before it is referred to the OHPA.
326.The rules must include:
provision for a practitioner to be notified that proceedings are being brought against them;
provision for notice of decisions of a fitness to practise panel to be given to the parties to the proceedings (i.e. the practitioner and the regulator) and the registrar of the relevant regulatory body;
provision conferring the right on parties to the proceedings to put their case at a hearing;
provision conferring the right on parties to the proceedings to be represented at any hearing by a person meeting criteria specified in the rules; and
provision for hearings to be held in public except in circumstances that the rules state otherwise. For example, the rules could make provision for a hearing in private in some circumstances.
