The National Health Service (Vocational Training for General Medical Practice) Regulations 1997

Procedure on appeal

16.—(1) Subject to the provisions of these Regulations, the procedure of the appeal body shall be determined by that body.

(2) The Secretary of State shall transmit a notice of appeal to the appeal body which is to determine the appeal.

(3) Before the appeal body considers the appeal, it may—

(a)require the applicant to submit further particulars and documents in support of his appeal; and

(b)make inquiries of such persons as it may think fit in connection with the appeal.

(4) The appeal body shall—

(a)send to the applicant a copy of any comments made in reply to inquiries under paragraph (3)(b);

(b)if a hearing is not to be held, give the applicant a period of 21 days beginning with the day on which the comments were sent to him to reply in writing to the comments; and

(c)give notice to the applicant that he may, within a period specified in the notice, require the appeal body to give him an opportunity of appearing before and being heard by it.

(5) The appeal body may, or shall if so required by the applicant, hold a hearing for the purpose of considering the appeal and shall, before the beginning of the period of 21 days ending with the date on which any hearing is to be held, send notice to the applicant and to the Joint Committee of that date, and of the time and place of the hearing.

(6) The proceedings of the appeal body shall be conducted in private, unless the applicant requests a public hearing.

(7) At a hearing by the appeal body—

(a)the applicant may appear and be heard in person, or he may be represented by Counsel, a solicitor, or any other person; and

(b)the Joint Committee may appear and be represented by Counsel, a solicitor, or any duly authorised member or officer of the Committee.

(8) Where the applicant has required a hearing but does not appear and is not represented at the hearing, and the appeal body is not satisfied that there was good reason for the failure to appear or be represented, it may treat the requirement as having been withdrawn and either hold no hearing or (if the Joint Committee are present or represented) proceed with the hearing in the absence of the applicant.

(9) Where a hearing was to have been held in any case not falling within paragraph (8), and either the applicant or the Joint Committee does not appear at the hearing and is not represented, the appeal body may hear the party present or represented or may decide that a hearing is not to be held.

(10) Where at a hearing neither the applicant nor the Joint Committee appears or is represented, or in any case falling within paragraph (8) or (9), the appeal body may determine the appeal without further notice to the applicant or to the Joint Committee.

(11) The appeal body may accept the withdrawal of an appeal at any time before a decision on the appeal is made on receipt of written notice of withdrawal from the applicant.

(12) The appeal body may treat an appeal as having been withdrawn if—

(a)it has not yet reached a decision on the appeal; and

(b)it has tried to contact the applicant but has not, after a reasonable interval, been successful in doing so, or a letter properly sent to the applicant has been returned on the ground that it could not be delivered; and

(c)it has sent notice to the applicant that his appeal will be treated as withdrawn if the applicant does not, within the period of 28 days beginning with the date on which the notice was sent, confirm that he wishes to proceed with his appeal.