S.L. 464.20 Art. 20Interim measures.

(1) The Disciplinary Committee may, during the course of disciplinary proceedings, and following a request to this effect by the relevant Council, adopt measures in cases of interim urgency due to the risk of serious and irreparable harm to the reputation and integrity of the health care profession, the well-being of the aggrieved party or public safety generally:

Provided that the Disciplinary Committee shall only adopt interim measures if it is satisfied that prima facie there appears to have been any of the grounds mentioned in paragraphs (a), (b) and

(c) of article 32(1), article 35 and article 38(1) of the Act.

(2) The decision of the Disciplinary Committee to adopt measures shall be immediately enforceable upon the taking of interim such decision. Such measures shall be without prejudice to any subsequent decision that may be taken by the Disciplinary Committee.

(3) measures shall be proportionate and appropriate Interim and shall apply for a specified period of time which shall be determined by the Disciplinary Committee:

Provided that the duration of the interim measures may be extended by the Disciplinary Committee in so far as they are necessary and appropriate.

(4) The decision of the Disciplinary Committee in accordance with sub-regulation (1) shall state all the facts established by it and the reasons on the basis of which it deems that the adoption of measures is required. interim

(5) The decision of the Disciplinary Committee in accordance with sub-regulation (1) or any extension in accordance with the proviso to sub-regulation (3), shall be served on the person concerned within two (2) days from the date that the decision is delivered by the Disciplinary Committee.

(6) The Registrar of the relevant Council shall within six (6) days from the date of the adoption of interim measures in accordance with sub-regulation (1) serve the competent authorities of each Member State with any such measures and the person concerned may within six (6) days from date of service of interim measures, file a request for a reconsideration to the Disciplinary Committee stating reasons thereof:

Provided that when a request for a reconsideration is made, the Disciplinary Committee shall issue a decision in respect of such request within ten (10) days from the date of filing of the said request, which final decision shall be served on the person concerned in accordance with sub-regulation (5):

Provided further that in such cases, the term to file an appeal application in accordance with sub-regulation (7) shall commence to run from date of service of the final decision.

(7) An appeal from the interim measures imposed by the Disciplinary Committee in accordance with sub-regulation (1) may be filed by the person concerned by means of an application filed before the Court of Appeal (Inferior Jurisdiction) within six (6) days from the date of service of the decision in accordance with sub-regulation (5) and the Disciplinary Committee shall reply within six (6) days from the date of service of such an application.

(8) A request for reconsideration in accordance with sub-regulation (6) or an appeal filed in accordance with sub-regulation (7) shall not have the effect of suspending any measures imposed interim by the Disciplinary Committee.

(9) The Court of Appeal (Inferior Jurisdiction) shall decide on the application in accordance with sub-regulation (7) within the shortest time possible, but not later than one (1) month from the date of filing of the reply of the Disciplinary Committee.