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Section 14: Disciplinary proceedings

Medical Council Act

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 Acts 2019 237 (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 –

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