Section 14: Disciplinary proceedings
This section is inserted by Act No 12 of 2019, section 5.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
14. Disciplinary proceedings
(1) (a) Where, after having carried out a
preliminary investigation, the Council determines that
there is prima facie evidence of professional misconduct or
negligence against the registered person, the Council may,
subject to subsection (3), institute disciplinary proceedings
against him before the Tribunal.
(b) Where disciplinary proceedings are
instituted under paragraph (a), the Council shall, at the same
time, notify the Ministry thereof.
(2) Where, upon a determination under subsection (1),
the Council considers that the conduct, act or omission of the
registered person is of such a serious nature that he should, in
the public interest, instantly cease to practise, the Council –
(a) may, in the case of a registered person
in respect of whom the Council does not
hold a delegated power, suspend him
temporarily as a registered person for
a period not exceeding such time as the
Council –
(i) takes any disciplinary measures
against him under section 17(4)(a); or
(ii) gives him notice, under section 17(6)(a),
that the charge against him has not
been proved; or
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(b) shall, in the case of a registered person
in respect of whom the Council holds a
delegated power, report the temporary
suspension to the Public Service
Commission for the Commission’s
decision on any such suspension.
(3) Where, pursuant to subsection (2)(a), the
Council suspends a registered person temporarily, it shall,
not later than 7 days of such suspension, institute disciplinary
proceedings against him before the Tribunal.
(e) by repealing sections 17, 18 and 19 and replacing them by the
following sections –