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S.L. 464.20 · Disciplinary Proceedings Regulations (S.L. 464.20)

S.L. 464.20 Art. 4Committee members. 

In KraftAmtlicher Text

(1) When following an investigation, the relevant Council decides to issue a charge against a health care professional in accordance with regulation 10(8), it shall inform the Minister about such fact and the Minister shall appoint two (2) members on the Disciplinary Committee from the same profession of the person facing the charge or, when this is not possible, in accordance with sub-regulation (4): Provided that if the health care professional facing the charge is pursuing a specialist training programme or is listed in a specialist register held by the relevant Council in accordance with the Act, one (1) of those members shall be appointed from the same specialist register, or when this is no longer possible, from another specialist register in accordance with sub-regulation (4).

(2) The Minister shall select the said members in alphabetical order from the respective specialist register or health care profession permanent register, as the case may be:

Provided that in cases where new proceedings are filed in terms of regulation 11(1) against health care professionals coming from the same area of specialisation or health care profession where a previous appointment was made in terms of sub-regulation (1), the Minister shall, select as members those persons who are next in line in accordance with the alphabetical order in the respective register.

(3) In the case that a health care professional selected in terms of sub-regulation (2) refuses such appointment for a valid reason, or is disqualified from such appointment or declares a conflict in proceedings in terms of regulation 5, the Minister shall proceed to select the health care professional who is next in line in accordance with the alphabetical order in the respective register.

(4) When it is no longer possible to select a committee member from the appropriate register, the Minister shall:

(a) in the appointment of a specialist, continue such selection in alphabetical order from the register of specialists of the speciality next in line, as listed in the Fifth Schedule to the Act;

(b) in the case of a charge against a professional appertaining to a profession listed in the Third Schedule to the Act, continue such selection in alphabetical order from the register of the profession next in line, as listed in the Third Schedule to the Act;

(c) when paragraphs (a) and (b) do not apply, continue such selection in alphabetical order from an alternative permanent register of another profession regulated by the said Council of the person facing the charge.

Änderungsgeschichte
  • Amended by L.N. 49 of 2026