Regulations for the Medical Board made under Section 27 (5) of Statute XII

 Preparation
 Hearing
 Determination

1. In these regulations:

(1) references to sections are to sections of Statute XII unless otherwise stated;

(2) where notice has to be given a specified number of 'clear days' before a hearing, the day of receipt of the notice and the day of the hearing shall be excluded from the calculation;

(3) any notice sent by the secretary of a Medical Board shall be deemed to arrive on the day after dispatch, unless the contrary is proved.

2. When a Medical Board is appointed to determine a case referred to it under section 27, the appropriate officer for the purposes of Part E of that statute shall appoint a person to present the case to the board.

3. The Registrar shall act as secretary to the board or shall appoint a person to act on his or her behalf ('the secretary').

4. If after the start of proceedings a member of a board ceases to be available to serve as a member, the appropriate officer shall discharge the board and a new board shall be appointed in accordance with the provisions of section 27 (3).

5. The parties to a hearing before a board shall be:

(1) the person whose retirement on medical grounds is to be considered by the board ('the person concerned', which term shall include any person authorised to act on behalf of the person concerned, in addition to or instead of the person concerned, in accordance with section 27 (5));

(2) the person presenting the case ('the presenter').

6. The person concerned shall be entitled, at his or her own expense, to be represented by another person, who need not be legally qualified, in connection with and at any hearing by the board.

Preparation

7. The presenter shall notify the person concerned in writing that a referral has been made.

8. The Chairman shall appoint a date, time, and place for a hearing by the board, but shall have power, if he or she judges this to be advisable, to cancel a proposed hearing at any time before it has begun and substitute alternative arrangements for the hearing.

9. The secretary shall give to the person concerned at least twenty-one clear days' notice of the date and time appointed for the hearing by the board; such notice shall be in writing and shall be accompanied by a copy of Statute XII and of these regulations.

10. The presenter shall give to the person concerned and to the secretary at least fourteen clear days before the hearing a written statement of the case together with copies of any relevant medical and other evidence, copies of any other documents intended to be produced at the hearing, a list of the witnesses whom it is proposed to call, and statements of the evidence that they are expected to give.

11. The person concerned shall give to the secretary at least seven clear days before the hearing copies of any medical evidence that he or she intends to produce, a list of the witnesses that he or she intends to call, and statements of the evidence that they are expected to give.

Hearing

12. Subject to the prior consent of the board, either party may introduce witnesses or documents notwithstanding the fact that the appropriate provisions in regulations 10 and 11 above have not been observed, but, if new witnesses or documents are introduced, the hearing may be adjourned at the request of either party to enable the other party to consider the proposed testimony or further evidence in support of its response.

13. (1) A case shall not be determined without an oral hearing at which the person concerned is entitled to be present.

(2) Any hearing of or in connection with any case before a board shall take place in private.

14. (1) The board may proceed with a hearing in the absence of any of the persons entitled to be present, except where, in the case of the person concerned, the board is of the opinion that his or her absence was due to circumstances beyond his or her control.

(2) The Chairman may exclude any person from a hearing if in the opinion of the Chairman such exclusion is necessary for the maintenance of order.

15. Each party to a hearing before a board shall be entitled to give evidence at the hearing and, either personally or through a representative, to make an opening statement, to call witnesses, to question any witness concerning any relevant evidence, and to address the board after the evidence has been heard.

16. (1) Subject to the provisions of Statute XII and of these regulations, a board shall determine its own procedures and may make such interlocutory orders for the conduct of the proceedings as it considers appropriate.

(2) The Chairman may set time limits for each stage of the proceedings, to the intent that the case shall be heard and determined by the board as expeditiously as is reasonably practicable and consistent with the principles of justice and fairness.

(3) Within the limits of that intent, any meeting of a board may nevertheless be postponed or adjourned at the discretion of the Chairman.

Determination

17. A board shall not determine that any person to whom Statute XII applies shall be required to retire on medical grounds unless it is satisfied that the person's physical or mental incapacity has been established, and it shall apply the civil standard of proof, namely the balance of probabilities, in so satisfying itself.

18. The secretary shall be entitled to be present throughout the hearing and at any meeting of the board, and shall keep a sufficient record of the proceedings of the board.

19. The board's decision shall be recorded in a document signed by the Chairman which shall also contain:

(1) the board's medical findings;

(2) the board's other findings of fact; and

(3) the reasons for the board's decision.

20. The secretary shall ensure that a copy of the document specified in regulation 19 above is sent to the person concerned, to his or her representative (if any), to the presenter, and to the Vice-Chancellor, and also that a copy of Part E of Statute XII and of the associated procedural regulations accompanies the copy of the document sent to the person concerned.

21. The Chairman may, by an appropriate certificate in writing, correct any accidental errors in documents recording the decisions of the board.

WD245-062
22.07.02