The Family Health Services Appeal Authority (Procedure) Rules 2001

(B) REPLYING TO AN APPLICATION

Action by respondent on receipt of notice of application

23.—(1) A person who receives from the FHSAA a copy of an application against him in accordance with rule 29(3) (“the respondent”) shall send or deliver to the FHSAA a written reply acknowledging receipt of that application and setting out—

(a) his full name and address and, where applicable, his professional registration number;

(b) the professional registration number of the applicant, where applicable;

(c) whether or not he intends to resist the application and if so, a concise statement of the grounds on which he relies in resisting it;

(d) the name and address and the profession of his representative, if any, and whether the FHSAA should send notices concerning the application to the representative instead of to the respondent.

(2) The respondent may include in his reply a request for further particulars of the application.

(3) Every such reply shall be signed by the respondent or his representative and shall be delivered to the FHSAA not later than 21 days after the date on which the notification of the application was sent to him by the FHSAA.

(4) A reply which is received by the FHSAA after the time appointed by this rule which contains reasons on which the respondent relies for justifying the delay shall be deemed to include an application for an extension of the time so appointed.

(5) A respondent who has not delivered a written reply shall not be entitled to take any part in the proceedings before the panel on the application except—

(a) to apply for an extension of time for presenting a reply;

(b) to apply for a direction that the applicant provide further particulars relevant to the application;

(c) to be called as a witness by another party; and

(d) to be sent a copy of a decision or corrected decision.

Documents and other material to accompany reply

24.—(1) The respondent shall send or deliver to the FHSAA with his reply a copy of every document on which he intends to rely at the hearing of the application.

(2) The FHSAA may, on such terms as it thinks fit, excuse the respondent from providing any document required to be furnished under paragraph (1) where that document, or a copy of it, is already held by the FHSAA.

Amendment of reply and delivery of supplementary statement

25.—(1) The respondent may, at any time before he is notified of the date of the hearing of the application, amend his reply or deliver a supplementary statement by way of reply.

(2) The respondent may amend any reply or supplementary statement with the leave of a panel at any time after he has been notified of the hearing of the application or at the hearing itself.

(3) The respondent shall send a copy of every amendment and supplementary statement to the FHSAA.

Application for directions

26.—(1) The respondent may apply to the FHSAA for directions to be given by a panel as to any matter relating to the hearing of the application for disqualification.

(2) An application for directions shall be made in writing to the FHSAA.

Action of respondent on receipt of notice of hearing

27.—(1) The FHSAA shall serve on a respondent who opposes the application a notice informing him of the time and place of any oral hearing which is to be held and such notice will include guidance regarding the rules of evidence and procedure which apply to the hearing.

(2) When the respondent receives the notice of the time and place of hearing, he shall inform the FHSAA whether or not he intends to attend or be represented at the hearing, and whether he intends to call witnesses, and where he does intend to call witnesses he shall supply their names and addresses to the FHSAA.

(3) If the respondent does not intend to attend or be represented at the hearing, he may send to the FHSAA additional written representations in support of his reply.

Representation at hearing

28.  At the hearing of an application or any other hearing in connection with that application, including a hearing for directions, the respondent may conduct his case himself (with assistance from his representative if he wishes) or may appear and be represented by his representative or by Counsel.