Section 28: Preliminary investigation

28. Preliminary investigation (1) The Council may investigate into any complaint of— (a) professional misconduct, malpractice or negligence; [Issue 6] P39A – 16 Revised Laws of Mauritius (b) fraud or dishonesty; (c) a breach of the Code of Practice, against an architect, including a professional architect in respect of whom the Council holds a delegated power. (2) Where the Council investigates into a complaint under subsection (1), it— (a) shall notify the architect whose conduct, act or omission is under investigation of the nature of the complaint against him; (b) may summon and hear the architect who shall be given an opportunity of being assisted by a legal representative of his choice; (c) may summon and hear witnesses; (d) may call for the communication or production of any relevant record, document or article. (3) The Council investigating into a complaint under subsection (1) shall keep a proper record of its proceedings. (4) Where, in the course of an investigation, any person refuses to communicate or produce any record, document or article on the ground of confidentiality, the Registrar may apply to a Judge in Chambers for an order directing that person to communicate or produce the record, document or article required for the purpose of the investigation. continued on page P39A – 17 P39A – 16 (1) [Issue 4] Revised Laws of Mauritius (5) Where the Judge is satisfied that the record, document or article sought is bona fide required for the purpose of the investigation, he may make an order under subsection (4). (6) The Council may, for the purpose of an investigation under subsection (1), appoint a committee consisting of not less than 3 members.