1964_NURSES_(REGISTRATION_AND_DISCIPLINARY_PROCEDURE)_REGULATIONS — Page 13

1970 Ed.]

Nurses (Registration and Disciplinary Procedure) Regulations.

[CAP. 164

A 13

[Subsidiary]

legal adviser, to carry out the duties of the secretary in respect of that inquiry in the absence of a complainant or his representative;

(b) at the conclusion of the presentation of the case against the defendant, the defendant or his representative may make either or both of the following submissions in rela- tion to any charge-

(i) that no or insufficient evidence has been adduced upon which the Board can find that the facts alleged in that charge have been proved;

(ii) that the facts alleged in the charge are not such as to constitute the offence charged;

(c) where a submission referred to in paragraph (b) is made, a reply thereto may be made by the complainant or by his representative or, in their absence, by the secretary; and the defendant may make answer to such reply; (d) where a submission is made under paragraph (b), the Board shall consider and determine whether the submis- sion shall be upheld and-

(i) the chairman shall announce the determination of the Board, and

(ii) if the Board upholds the submission in respect of any charge, the finding shall be recorded that the defend- ant is not guilty of that charge, and

(iii) if the Board rejects the submission the chairman shall call upon the defendant to state his case;

(e) the defendant, or his representative, may then adduce evidence in support of his case and may address the Board:

Provided that, except with the leave of the Board, only one address may be made under this paragraph, and where evidence has been adduced by or on behalf of the defendant such address may be made either before or after such evidence has been adduced;

(f) at the conclusion of the case for the defendant, the com- plainant or his representative or, in their absence, the secretary, may address the Board in reply but only if evidence by or on behalf of the defendant, other than the defendant's own evidence, has been adduced; or with the leave of the Board.

32. (1) At the conclusion of the proceedings the Board shall Postponement consider and determine whether to postpone judgment.

(2) If the Board decides to postpone judgment, the judgment of the Board shall stand postponed until such future meeting of

of judgment.