Regulation 24

A Disciplinary Tribunal may alter a charge or frame a new charge against a respondent, whether in substitution for or in addition to an existing charge, at any time before it makes a finding under section 59D of the Act.

An altered charge or a new charge must be read and explained to the respondent.

Where a charge is altered or a new charge is framed under paragraph (1), the Disciplinary Tribunal must immediately call on the respondent to enter a plea and to state whether the respondent is ready for the hearing to proceed on the altered or new charge.

If the respondent declares that the respondent is not ready for the hearing to proceed on the altered or new charge, the Disciplinary Tribunal must duly consider any reason the respondent gives.

Despite paragraph (4), if the Disciplinary Tribunal thinks that proceeding immediately with the hearing is unlikely to prejudice the respondent’s defence or the conduct of the case by the Medical Council, the Disciplinary Tribunal may proceed with the hearing.

Subject to section 59A(10) and (11) of the Act, if, after considering any reason given by the respondent under paragraph (4), the Disciplinary Tribunal thinks that proceeding immediately with the hearing is likely to prejudice the respondent’s defence or the conduct of the case by the Medical Council, the Disciplinary Tribunal may direct a new hearing or adjourn the hearing for as long as it thinks necessary.

If the hearing proceeds after a charge is altered or a new charge is framed by the Disciplinary Tribunal, the parties must, on application to the Disciplinary Tribunal by any party, be allowed to recall or re‑summon and examine any witness who may have been examined, with respect to the altered or new charge only, unless the Disciplinary Tribunal thinks that the application is frivolous or vexatious, or is otherwise an abuse of process.