Section 17: Disciplinary measures
This section is inserted by Act No 12 of 2019, section 4.
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
17. Disciplinary measures
(1) The Tribunal shall, pursuant to disciplinary
proceedings instituted against a registered person, hear and
determine the matter not later than 90 days after the start of
the hearing of the proceedings, except where there is a valid
reason, and with the consent of the parties.
(2) The Tribunal shall, not later than 3 days after a
determination under subsection (1), forward to the Council
its report and a copy of its proceedings, including any record,
document or article produced.
(3) The Tribunal shall not, in its report, make any
recommendation regarding the form of disciplinary measure.
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(4) Where the report is in relation to a registered
person, other than a registered person in respect of whom the
Council holds a delegated power, and states that –
(a) the charge has been proved, the Council
may, not later than 14 days after receipt of
the report –
(i) administer him a reprimand or a
severe reprimand;
(ii) suspend him as a registered person
for a period not exceeding 2 years; or
(iii) deregister him as a registered
person; or
(b) (i) t he registered person has prescribed
a dangerous drug to any person
which is in excess of the amount
that is properly required for the
medical treatment of that person; or
(ii) the registered person has prescribed
a dangerous drug to any person
knowing that such a prescription
is not required for the medical
treatment of that person,
the Council shall, in addition to any
disciplinary measures under paragraph (a),
make a recommendation to the Minister
in accordance with section 9(6) of the
Dangerous Drugs Act.
(5) (a) Where the report referred to in subsection (4)
is in relation to a registered person in respect of whom the
Council holds a delegated power, the Council shall submit its
own report to the Public Service Commission, in accordance
with regulation 46E of the Public Service Commission
Regulations.
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(b) Where the punishment inflicted by the
Public Service Commission on a registered person, in respect
of whom the Council holds a delegated power, is dismissal
or retirement in the interest of the public service, the Council
shall, not later than 14 days of the decision of the Public
Service Commission, determine whether or not it shall
suspend or deregister him as a registered person.
(6) Where there is finding that the charge has not
been proved against the registered person, the Council shall,
not later than 14 days after receipt of the report –
(a) notify the registered person, in writing, of
such finding; and
(b) where the Council holds a delegated
power in respect of the registered person,
send a copy of the notice required under
paragraph (a) to the Public Service
Commission.