Section 13: Preliminary investigation by Council

13. Preliminary investigation by Council (1) Subject to section 18, the Council may investigate any complaint of professional misconduct, malpractice, fraud, dishonesty or negligence or of a breach of the Code of Practice against a registered person, including a public officer in respect of whom it holds a delegated power. (2) Where the Council investigates a complaint, it— (a) shall notify the person whose conduct, act or omission is under investigation, of the nature of the complaint; (b) may summon and hear the person; (c) may summon and hear witnesses; and (d) may call for relevant documents and make copies of them. (3) The Council shall keep a proper record of its proceedings under subsection (2). (4) Notwithstanding section 9 (1), for the purposes of an investigation under subsection (1), the Council may appoint an investigating committee consisting of not less than 3 members. (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 in Chambers for an order directing that person to disclose the evidence required, or communicate any document needed, for the purposes of the investigation. (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. [S. 13 amended by s. 8 of Act 1 of 2002 w.e.f. 29 January 2002; s. 8 of Act 28 of 2007 w.e.f. 27 December 2007.] [Issue 2] M60 – 8 Revised Laws of Mauritius