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Robert Kellar (instructed by Medical Defence Union) for the Claimant David Pievsky (instructed by GMC Legal) for the Defendant Hearing date: 18th July 2013 ____________________
(2) Subject to paragraph (5) and rule 5, where the Registrar considers that the allegation falls within section 35C(2) of the Act, he shall refer the matter to a medical and a lay Case Examiner for consideration under rule 8.
(a) the Registrar considers that an allegation does not fall within section 35C(2) of the Act;
(b) in the case of an allegation falling within paragraph (5), the Registrar does not consider it to be in the public interest for the allegation to proceed; or
(c) the Registrar considers that an allegation should not proceed on grounds that it is vexatious,
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