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Cap. 437 · Veterinary Services Act (Cap. 437)

Cap. 437 чл. 55Veterinary Surgeons’ Disciplinary Committee.

PART IX

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(1) The Veterinary Surgeons’ Council shall set up a subcommittee, to be known as the Disciplinary Committee, which shall be empowered to conduct investigations and give directions of a disciplinary nature, upon any case in which it is alleged that a person is liable to have his name removed from the Veterinary Surgeons’ Register, hereinafter referred to as ''the Register'', or to have his registration cancelled or suspended, or to be awarded a pecuniary penalty (recoverable as a civil debt by the Director) of not more than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and admonished, or be liable to any other penalty as may be deemed appropriate in the circumstances of the case, and in accordance with the provisions of this Act.

(2) The provisions of subarticle (1) shall apply where -

(a) a veterinary surgeon, who is registered in the Register, is convicted in Malta or abroad of a criminal offence, which, in the opinion of the Disciplinary Committee, renders him unfit to practice the veterinary profession; or

(b) any such veterinary surgeon is found, by the Disciplinary Committee, to have been guilty of disgraceful conduct in any professional respect; or

(c) the Disciplinary Committee is satisfied that the name of any such person has been fraudulently entered in the Register.

(3) The Disciplinary Committee will report all its findings and the results of its investigations and enquiries, together with its direction, to the Council.

(4) The Disciplinary Committee may, in cases of a grave offence, direct that a veterinary surgeon’s name be removed from the Register or, except in a case falling under subarticle (2)(b), that his registration therein shall be suspended for a period to be specified in the direction.

(5) The Registrar of the Council shall cause a notice of any direction of the Disciplinary Committee to be served on the person to whom the direction refers.

(6) Notwithstanding any other provision of this Act, any person whose name has been removed or suspended from the Register shall automatically be deemed to have had his warrant from the President of Malta, to practice his profession, withdrawn or suspended for the period specified in the direction.

(7) A person to whom a direction has been notified under the provisions of this article may, within twenty-eight days from the date of service on him of the notice of the direction, appeal to the Veterinary Surgeons’ Council, in accordance with such regulations as may be prescribed by the Minister for the purpose of this article.

(8) A direction given under the foregoing provisions of this article shall take effect:

(a) where no appeal is made under subarticle (7) against the direction within the time specified for such an appeal, on the expiration of that time;

(b) where such an appeal is brought and is subsequently withdrawn or struck out as abandoned, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and not withdrawn or struck out as aforesaid, when the decision on the appeal is given.

(9) Where a person’s name has been removed from the Register, in pursuance of a decision as aforesaid, the name of that person shall not be entered again in the Register unless the Disciplinary Committee, on an application made to it on that behalf, otherwise directs.

(10) Where the registration of a person in the Register is suspended in pursuance of a decision as aforesaid, the name of that person shall not be entered in the Register throughout the period of the suspension, unless the Disciplinary Committee, on application made to it in that regard, otherwise directs.

(11) Any application under subarticles (9) and (10) shall not be made to the Disciplinary Committee before the expiration of ten months from the date of the removal or the suspension of the registration or ten months from the date of a previous application thereunder.

(12) The provisions of subarticles (1) to (11) shall, mutatis mutandis, also apply to persons registered in the Register for the Professions and Trades Supplementary to the Veterinary Profession.

История на изменения
  • Amended by L.N. 426 of 2007