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Regulations for the Medical Board made under Section 26 of Statute XIII


Council Regulations 1 of 2007

Made by Council on 19 April 2007

1. These regulations are made under the provisions of section 26 of Statute XIII.

2. In these regulations

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

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

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

3. The Medical Board shall consider appeals by student members of the University against decisions by competent persons or bodies under section 23 of Statute XIII

4. The Medical Board shall be constituted as set out in section 15 as soon as a decision is made by the responsible body or person under the procedure set out in Statute XIII Part B.

5. The Registrar shall appoint a person to act as secretary to the board ('the secretary').

6. The student member concerned ('the student') 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 proceedings under these regulations.

7. A student member who wishes to appeal to the Medical Board shall do so to the Registrar within twenty-eight days of the date of the letter which notifies him or her of the original decision.

8. As soon as possible after the notice of appeal has been received, the board shall determine its own procedures and shall make such interlocutory orders for the conduct of the proceedings as it considers appropriate.

9. Any decision taken under these regulations shall be reached:

(1) with all reasonable expedition; and

(2) in a manner which is just, fair, and reasonable in the light of all the circumstances.

10. Any proceedings in connection with any case before the board shall be:

(1) held in private;

(2) attended by the secretary, who shall keep a sufficient record of the proceedings. 11. In the light of the proceedings, the board shall have the power to decide:

(a) to confirm, vary or annul the original decision;

(b) to lay down such conditions in respect of its decision as may seem appropriate to the board. 12. In considering whether the physical or mental incapacity of the appellant has been established, the board shall apply the civil standard of proof, namely the balance of probabilities.

13. The board's decision shall be recorded in a document signed by the chairman which shall include:

(1) the board's medical findings;

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

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

14. The secretary shall ensure that a copy of the document is sent to the student, to his or her representative (if any), and to the head of the relevant department or chairman of the relevant faculty board and the head of the appellant's college, society or Private Permanent Hall.

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