S.L. 464.20 Art. 5Disqualification and removal from the post of committeemember of the Disciplinary Committee.  Cap. 386.  Cap. 452.    Cap. 12.

(1) A person shall not be qualified to be appointed as or remain a committee member, Chairperson or Acting Chairperson if he:

(a) is a member of the House or a Local Council, or a candidate for election to the House or a Local Council;

(b) is a sitting Judge or Magistrate of the Courts of Justice;

(c) is legally incapacitated or interdicted;

(d) has been declared an undischarged bankrupt or has made a composition or arrangement with his creditors;

(e) is subject to disqualification under article 320 of the Companies Act;

(f) is a member of the executive council of a trade union, as defined by the Employment and Industrial Relations Act;

(g) is a member of the relevant Council or a member of the immediate family of the member of the relative Council;

(h) has been convicted of a crime affecting public trust or theft or fraud or of knowingly receiving property obtained by theft or fraud or has been sentenced to imprisonment by a court; or

(i) was subject to disciplinary proceedings before the Disciplinary Committee, which in its decision determined on a balance of probability that the allegations against such person have been totally or partially proven and such decision has become res judicata at this stage or by means of a definite judgment by the Court of Appeal (Inferior Jurisdiction) which is res judicata wherein the Court of Appeal (Inferior Jurisdiction) confirmed the decision of the Disciplinary Committee that the allegations have been totally or partially proven.

(2) Subject to the provisions of this regulation, the office of Chairperson or committee member shall become vacant:

(a) upon the expiration of his term of office;

(b) if any circumstances arise that, if he were not already Chairperson or a committee member, would cause him to be disqualified from appointment as such; or

(c) if he is removed from office in accordance with sub-regulation (3).

(3) The Chairperson, Acting Chairperson or a committee member shall only be removed from office by the Minister for any one or more of the following reasons:

(a) if due to proven infirmity of mind or of body or of any other cause, is effectively unable to continue to discharge his duties;

(b) if it is proven that the behaviour or performance brings into question the suitability or ability to continue as Chairperson or a committee member, in particular if that behaviour affects or may affect his reputation, independence or autonomy, or the reputation, independence or autonomy of the Disciplinary Committee;

(c) if he has been convicted of a criminal offence affecting public trust, theft or fraud, of knowingly receiving property obtained by theft or fraud, bribery or of money laundering, or of any offence against this Act, or if he has been convicted of an offence punishable by imprisonment for a period of six (6) months or more;

(d) if it is proven that he failed to perform his duties for a prolonged period of time without any valid justification;

(e) if it is proven that any of the circumstances arise in which a judge is to abstain or may be challenged in accordance with the provisions of article 734 of the Code of

Organization and Civil Procedure; or

(f) if such person was subject to disciplinary proceedings before the Disciplinary Committee, which decision determined on a balance of probability that the allegations against such person have been totally or partially proven and at this stage the decision became res judicata, or by means of a definite judgment by the Court of Appeal (Inferior Jurisdiction) which is res judicata wherein the Court of Appeal (Inferior Jurisdiction) confirmed the decision of the Disciplinary Committee that the allegations have been totally or partially proven.

(4) The Chairperson, the Acting Chairperson or a committee member shall be suspended from their post in the Disciplinary Committee by means of an order of suspension issued by the Minister if such person is subject to a pending investigation that is being conducted by the relevant Council, or is subject to disciplinary proceedings which are pending before the Disciplinary Committee or to proceedings which are pending in the Court of Appeal (Inferior Jurisdiction) in accordance with these regulations, as the case may be:

Provided that in the case that the relevant Council closes its investigation and decides not to take any further action against such person, or by means of a decision of the Disciplinary Committee determined on a balance of probability which is such res judicata person is cleared of all charges brought against him, or by means of a judgment of the Court of Appeal (Inferior Jursidiction) which is res such person is cleared of all charges brought against him, the judicata Minister shall revoke the order of suspension and such person shall be reinstated to his former post within the Disciplinary Committee.

(5) The Chairperson and committee members shall before the commencement of any case in the Disciplinary Committee declare any interest that they may have in the proceedings. Where the Chairperson declares an interest, he shall be substituted by the Acting Chairperson and should the Acting Chairperson also declare an interest in the proceedings, the Minister shall appoint another person to preside over those proceedings. Where a committee member declares an interest in the proceedings, the Minister shall appoint another health care professional in terms of regulation 4(3).