Cap. 622 · Periti Act (Cap. 622)
Cap. 622 чл. 14Decisions of the Periti Professional Conduct Board.
PART V
(1) Upon being tasked by the Council of the Kamra tal-
Periti to investigate any allegations as stipulated under this Act, the
Periti Professional Conduct Board shall, following due procedure, determine to accept or refuse in whole or in part, the allegations referred and determine the disciplinary action to be taken against any warrant holder who is found guilty of professional misconduct or in any way breaching the Code of Professional Conduct or article 21(1)(a), giving reasons for such decision, which disciplinary action shall be guided in line with this Act:
Provided that the warrant holder is vested with the right to be represented during such proceedings by his own counsel at every stage throughout the process. Should the warrant holder not present any legal counsel, this shall be duly noted in the minutes and the Board shall expressly request him to consider appointing a legal counsel:
Provided further that no punishment shall be awarded by the Board until full opportunity has been given to the warrant holder charged to make his defence, saving his right to appeal against the decision of the Board to the Court of Appeal within such time and in such form as shall be prescribed from time to time:
Provided further that any decision of disciplinary action is supported by at least three (3) members of the Board.
(2) When a warrant holder is in breach of any provisions under this Act, the Periti Professional Conduct Board shall, after due process in accordance with this Act and the relevant regulations, issue a warning, impose a fine (multa) of up to five thousand euro (€5,000) or revoke or suspend the warrant for up to a period not exceeding six (6) months, or both such fine and revocation or suspension.
(3) The decision of the Periti Professional Conduct Board shall be referred to the Council of the Kamra tal-Periti, which shall:
(a) communicate such decision to the warrant holder and to the complainants;
(b) in the case of a decision for the issuance of warning or public admonition, proceed to issue such warning or admonition;
(c) in the case of a decision which includes the imposition of a fine, stipulate the time within which such fine is to be settled, and collect such fine through any method of payment that it may establish from time to time;
(d) in the case of a decision to suspend the warrant holder or service provider from being able to practise for a determined period of time, proceed to suspend the relevant certificate to practise for the period prescribed by the Periti Professional Conduct Board, and inform the Warranting Board of such suspension;
(e) in the case of revocation of warrant, inform the Warranting Board which shall proceed to execute such revocation within the time frame established by the Kamra tal-Periti.
(4) Disciplinary action against any warrant holder or service provider shall not take effect before all due process, including the right to submit an appeal according to article 23, has been exhausted.