S.L. 458.22 Art. 4Complaints and information. Cap. 9.

(1) Where -

(a) a complaint in writing that a practitioner has been convicted by any court in these Islands of any crime punishable by imprisonment for any term exceeding one year or of any of the crimes mentioned in articles 198 to 209 of the Criminal Code is sent to the Council by any body or person, or information in writing that a practitioner has been so convicted is sent to the Council by a person acting in a public capacity; or

(b) a complaint in writing on the conduct of a practitioner has been sent to the Council by any body or person, or information in writing as to the conduct of a

*These Rules have been repealed by Legal Notice 249 of 2025. practitioner has been sent to the Council by a person acting in a public capacity; or

(c) a complaint in writing that a practitioner is unfit to continue to practise his profession on grounds of mental or physical infirmity is sent to the Council by any body or person, or information in writing as to the fitness of a practitioner to continue to practise his profession on the grounds aforesaid is sent to the Council by a person acting in a public capacity, the registrar shall submit the complaint or information to the Chairman.

(2) In so far as a complaint relates to conduct or unfitness on grounds of infirmity, it shall not proceed further unless and until it has been confirmed by means of a declaration on oath; and every such declaration -

(a) shall state the address and description of the declarant, and

(b) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant’s information and the grounds for accepting that the alleged fact is true.

(3) Subject to the provisions of sub-rule (2), the Chairman shall direct the registrar to notify the practitioner of the receipt of the complaint or information, stating the substance thereof and sending to the practitioner a copy of any declaration on oath furnished under sub-rule (2), and to invite the practitioner to submit to the Council, within any period of time not exceeding four weeks, any explanation which the practitioner may have to offer; and every such explanation must be in writing and shall reach the registrar within the time fixed by the Chairman: Provided, however, that in so far as a complaint or information relates to conduct, if it does not appear to the Chairman that a question arises whether the said conduct constitutes infamous conduct in a professional respect, he shall direct the registrar to refer such complaint or information to the Council either to decide that the complaint or information need not proceed further or to direct the registrar to notify practitioner in accordance with the provisions of this rule.

(4) Subject to the foregoing provisions of this rule, the Chairman shall direct the registrar to refer for inquiry a complaint or information to the Council together with any explanation then furnished by the practitioner and any declarations on oath furnished under sub-rule (2).

(5) In this rule the expression "person acting in a public capacity" means an officer of a government department or public authority acting as such, or any person holding judicial office or any Court official.