Contents of Section

Chapter:

162C PDFTitle:MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATIONGazette Number:L.N. 315 of 1999
Section:30Heading:Order of procedure, etc.Version Date:01/01/2000

(1) Subject to sections 28 and 29 and subsections (4) and (5), an inquiry shall be conducted in accordance with the following procedures-

        (a) the secretary shall present the case against the respondent, adduce evidence to support the case and then close the case;
        (b) at the conclusion of the presentation of the case against the respondent by the secretary, the respondent or person representing the respondent may make either or both of the following submissions in relation to any charge in respect of which evidence has been adduced-
          (i) there is not sufficient evidence on which the Council can find that the facts alleged in that charge have been proved;
          (ii) the facts alleged in the charge do not constitute the offence charged;
        (c) if the respondent or person representing the respondent makes either or both of the submissions referred to in paragraph (b), the secretary may make a reply, and the respondent or person representing the respondent may answer the reply;
        (d) the Council shall-
          (i) consider and determine whether a submission (if any) made under paragraph (b) is to be upheld; and
          (ii) announce the determination of the Council;
        (e) if the Council determines that a submission made under paragraph (b) shall be upheld, the Council's determination shall be recorded as a decision finding that the respondent is not guilty on the charge alleged;
        (f) if the Council rejects the submission made under paragraph (b), the chairman shall call on the respondent or person representing the respondent to state the respondent's case;
        (g) the respondent or person representing the respondent may then adduce evidence to support the respondent's case;
        (h) the respondent or person representing the respondent may make one address to the Council, and if evidence is adduced to support the respondent's case, the address may be made before or after the evidence is adduced;
        (i) at the conclusion of the respondent's case, the secretary may address the Council in reply;
        (j) if the secretary addresses the Council in reply, the respondent or person representing the respondent may make one address to the Council in reply to the secretary's reply mentioned in paragraph (i).
(2) The complainant or person representing that complainant may apply to the Council for permission to present the complainant's case.
(3) If the Council thinks appropriate in the circumstances of the case, the Council may permit the complainant or person representing the complainant to present the complainant's case.
(4) If the Council grants permission under subsection (3), a reference to the secretary in subsection (1) is to be construed as a reference to the complainant or person representing that complainant.
(5) No inquiry shall be held in the absence of the legal adviser to the Council.