Section 26: Preliminary investigation

26. Preliminary investigation (1) The Council may investigate any complaint of— (a) professional misconduct, malpractice or negligence; (b) a breach of the Code of Practice, against a professional quantity surveyor, including a professional quantity surveyor in respect of whom the Council holds a delegated power. (2) Where the Council investigates a complaint, it— (a) shall notify the professional quantity surveyor, whose conduct, act or omission is under investigation, of the nature of the complaint against him; [Issue 7] P39B – 14 Revised Laws of Mauritius (b) may summon and hear the professional quantity surveyor 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; and (e) shall complete its investigation not later than 3 months from the date the investigation starts. (3) The Council shall, when investigating a complaint, keep a proper record of its proceedings. (4) (a) 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. (b) 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 paragraph (a). (5) (a) The Council may, for the purpose of an investigation, appoint a committee consisting of not less than 3 members. (b) A member who— (i) is closely related to a professional quantity surveyor, including a professional quantity surveyor in respect of whom the Council holds a delegated power, whose conduct, act or omission is under investigation; or (ii) has any pecuniary or other personal interest in the subjectmatter of an investigation, shall disclose his relationship or interest, as the case may be, and refrain from participating in the investigation. (c) The committee may exercise any of the powers of the Council under subsection (2) (b), (c) or (d).