professional regulatory monthly ebulletin - review
of September 2011
Welcome to the September edition of the professional
regulatory law update, our at a glance guide to the important
case law and news in the Professional Regulation field.
A case of particular interest this month is from the Inner House
of the Court of Session, a case we previously reported on in our
July edition of the update when it was before the Outer House. It
will no doubt prove to be of importance to all members of
Investigating/Preliminary Committees.
Please click on links to view this month's key regulatory cases
and press releases.
Where a domestic regulator is dealing with misconduct which occurred abroad and which was the subject of proceedings before the relevant body in that country, there is no duty on the regulator to give specific reasons for imposing a different sanction to that body.
It was lawful to appoint a replacement panellist to a Fitness to Practise Panel in order to make the Panel quorate during the course of a hearing. However, it was inappropriate to hear all the witnesses who had already given evidence afresh instead of providing the new panellist with transcripts of their evidence.
The actions of the recorder in 'entering the arena' were inappropriate and created a real risk of perceived bias.
We first reported on this case when it was before the Outer House of the Court of Session in June. This case has now been considered before the Inner House. The decision of the Outer House was upheld.
In this issue, releases from: General Optical Council, Nursery and Midwifery Council, General Dental Council, General Medical Council and more.
We highlight recent people news in the regulatory field, specifically the appointment of Alan Phillips to the role of chairman of The Institute and Faculty of Actuaries management board.
Please feel free to email Guy
Micklewright with any feedback in relation to
this month's update. Additionally, if you would like to receive
further information in relation to any of the cases or developments
referred to below, please email him and he will be pleased to
assist. Click on the link to view past professional
regulatory ebulletins.
