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Section 17: Disciplinary measures

Dental Council Act · PART II: THE COUNCIL

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, after having enquired into the matter, shall forward its report to the Council as soon as practicable and at any rate not later than one month from the termination of the proceedings. (2) The report of the Tribunal shall include— (a) a statement as to whether the charge has been proved and a brief statement of the reasons for those findings; (b) details of any matters which, in the Tribunal’s opinion, aggravate the charge or alleviate the gravity of the charge; and (c) the record of the proceedings of the Tribunal. (3) The Tribunal shall not make any recommendation regarding the form of punishment. (4) Where the Council receives a report from the Tribunal under subsection (1) stating that the charge has been proved, it may— (a) administer a warning or a severe warning to the registered person; (b) administer a reprimand or a severe reprimand to the registered person; (c) suspend the registered person from the practice of dentistry for a period not exceeding 12 months; or (d) remove the name of the registered person from the register. (5) The decision of the Council under subsection (4) shall be communicated to the registered person in question as soon as practicable and at any rate not later than 15 days from the date of such decision. (6) A registered person aggrieved by the decision of the Council may appeal to the Supreme Court by way of judicial review. (7) Where— (a) a registered person has been suspended under section 14 (2) or 17 (4) (c); or (b) the name of a registered person has been removed from the register under section 17 (4) (d), such suspension or removal shall not be stayed pending the determination of any related appeal. D5 – 9 [Issue 1] Dental Council Act (8) In relation to a registered person in respect of whom the Public Service Commission has delegated to the Council its powers of discipline under section 89 (2) of the Constitution, after receiving the report of the Tribunal, the Council shall, without prejudice to its powers under subsection (4), forward the report referred to in subsection (2) to the Public Service Commission for it to inflict such punishment it may be empowered to inflict.

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