Section 13: Preliminary investigation by Council

13. Preliminary investigation by Council (1) The Council may investigate any complaint of medical negligence, professional misconduct, malpractice or any breach of the Code of Practice against a registered person. (2) Where the Council investigates a complaint— (a) it shall notify the person whose conduct, act or omission is under investigation of the nature of the complaint; (b) it may summon and hear the person; (c) it may summon and hear witnesses; and (d) it may call for relevant documents and make such copies thereof as it thinks fit. (3) The Council shall keep a proper record of its proceedings under subsection (2). (4) Notwithstanding section 9 (1), for the purpose of an investigation under subsection (1), the Council shall consist of not less than 3 members designated by the Council. (5) Where, in the course of an investigation, a person refuses to give evidence, or to communicate any document, on the ground of confidentiality, the Registrar may apply to a Judge sitting in Chambers for an order directing that person to disclose the evidence required or communicate any document required for the purpose of the investigation. D5 – 7 [Issue 7] Dental Council Act (6) The Judge shall make an order under subsection (5) if he is satisfied that the information or document the disclosure of which is sought is bona fide required for the purposes of the investigation.