6. Where a case has been referred under these rules to the Professional Conduct Committee, rules 17, 18, 19, 20, 21, 22 and 24 of the principal rules shall apply as if:–
(1) the word “practitioner” in those rules had the meaning assigned to it in rule 2;
(2) in rule 17(4) of the principal rules a reference to the Schedule to these rules were substituted for reference to Schedule 2 to the principal rules;
(3) in rule 19 of the principal rules the reference to the Preliminary Proceedings Committee were omitted and a reference to rule 7 were substituted for the reference to rule 17 of the principal rules;
(4) in rule 20 of the principal rules the words “without prejudice to rule 16” were omitted, and
(5) in rule 22(1) of the principal rules the words “including such amendment as contemplated under the proviso to rule 11(2)” were omitted.
7. When the charge, or charges, have been read, subject to rule 8:–
(1) in respect of any charge, or charges, to which no objection has been upheld:
(a)the Solicitor, or the complainant, if any, may address the Committee and shall adduce evidence of the facts on which the charge or charges are based;
(b)the practitioner may then address the Committee and adduce evidence in respect of any facts which he does not admit;
(c)at the close of the evidence for the practitioner, the Solicitor, or the complainant, if any, may, with the leave of the Committee, adduce evidence to rebut any evidence adduced by the practitioner;
(d)the Solicitor, or the complainant, if any, may then address the Committee;
(e)the practitioner may then address the Committee.
(2) On the conclusion of the proceedings under paragraph (1) the Committee shall consider the facts alleged in the charge or charges, other than any facts which have been admitted by the practitioner, and shall find whether the facts or any of the facts have been proved.
(3) Where the facts admitted by the practitioner or found proved by the Committee comprise those on which any charge or part of any charge is based the Chairman shall announce that the charge or part of the charge has been proved: Provided that this paragraph shall not apply to any charge alleging that the practitioner has been guilty of serious professional misconduct.
(4) If in any case relating to conviction or conduct any charge alleges that the practitioner has been guilty of serious professional misconduct and the Committee find that the facts or some of the facts in the charge or part thereof have not been proved, the Committee shall record a finding that the practitioner is not guilty of serious professional misconduct in respect of the facts which have not been proved and the Chairman shall announce that finding.
8. Where the practitioner does not appear and is not represented, but the Committee have decided to proceed with the inquiry, paragraphs (1)(b), (c), (d) and (e) of rule 7 shall not apply.
9.—(1) Where the Committee have found that some or all of the facts alleged in the charge or charges have been proved, the Chairman shall invite the Solicitor to address the Committee, and to adduce evidence as to the circumstances leading up to the facts found proved, as to the character and previous history of the practitioner and, if the charge against the practitioner is one of serious professional misconduct, as to the extent to which those facts are indicative of serious professional misconduct on the part of the practitioner.
(2) The Chairman shall then invite the practitioner to address the Committee by way of mitigation and to adduce evidence as aforesaid.
10. If, in any case relating to conviction or conduct, any charge alleges that the practitioner has been guilty of serious professional misconduct and the facts or some of the facts on which that charge is based have been proved, whether by admission or otherwise, the Committee shall consider whether the facts proved support a finding of such misconduct and shall find whether or not such charge is proved, and the Chairman shall announce the Committee’s finding.
11.—(1) Where any charge brought against a practitioner under these rules has been found proved, the Committee may, if they think fit, postpone their determination whether to make a direction until such future date or meeting of the Committee as they may specify, in order to obtain and consider further evidence of the conduct of the practitioner. If they so decide, the Chairman shall announce that decision.
(2) If the Committee decide that no such postponement is necessary, they shall consider and determine whether it shall be sufficient, subject to the provisions of rule 7(4), to make no direction or to impose no prohibition in this respect.
12. If the Committee decide that it will not be sufficient to make no direction or impose no prohibition then,
(a)if the case is one relating to disqualification, the Committee shall direct that the practitioner’s registration shall be suspended for a period not exceeding the period first mentioned in section 44(5) of the Act in relation to the facts found proved;
(b)if the case is one relating to conviction or conduct, the Committee shall prohibit him for rendering medical services in the United Kingdom in the future either:
(i)for such period as the Committee may specify; or
(ii)indefinitely.
13. The Chairman shall announce the finding or findings or determination of the Committee under these rules in such terms as the Committee may approve and, when the finding is one that the charge or charges have been proved but the Committee do not propose to make any further direction or impose any prohibition, may, without prejudice to the terms in which other findings may be announced, include any expression of the Committee’s admonition in respect of the practitioner’s behaviour giving rise to the charge or charges.