S.L. 464.13 чл. 12Complaints and information. Cap. 9.

(1) In accordance with the provisions of article 31 of the

Act and without prejudice to subregulation (2), the Council may of its own motion decide to initiate disciplinary procedures against a member in accordance with the Act and these regulations:

Provided that such decision is made following a discussion by the Council on the merits of the case and approval to proceed with disciplinary action is given by a simple majority vote.

(2) Where -

(a) a complaint in writing that a member has been convicted by any court in these Islands of any crime punishable by imprisonment for any term exceeding one year or of any of the crimes mentioned in articles 212 to 219 or in articles 221 to 223 of the Criminal

Code is sent to the Council by any body or person, or information in writing that a member has been so convicted is sent to the Council by a person acting in a public capacity; or

(b) a complaint in writing on the conduct of a member has been sent to the Council by any body or person, or information in writing as to the conduct of a member has been sent to the Council by a person acting in a public capacity; or

(c) a complaint in writing that a member is unfit to continue to practise his profession on grounds of mental or physical infirmity is sent to the Council by any body or person, or information in writing as to the unfitness of a member to continue to practise his profession on the grounds aforesaid is sent to the Council by a person; or

(d) an event or occurrence or complaint that comes to the attention of any elected or appointed member of the Council in any manner and which is reported to the Council in writing by the said member, the Registrar shall submit the complaint or any information presented to him to the President.

(3) In so far as a complaint relates to conduct or unfitness on grounds of infirmity, the Council shall not proceed further unless and until it has been confirmed by means of a declaration on oath, if so deemed necessary by the Council; and every such declaration -

(a) shall state the address and description of the declarant, and

(b) if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant’s information and the grounds for his belief in the truth of the fact.

(4) Subject to the provisions of subregulation (2), the President shall direct the Registrar to send a written notification to notify the member of the receipt of the complaint or information stating the substance thereof and sending to the member a copy of any declaration on oath furnished under subregulation (2), and to invite the member to submit to the Council, within such date as the President shall determine but which shall be no less than ten calendar days and no more than twenty calendar days from the date of issue of this notification, any explanation which the member may have to offer; and every such explanation must be in writing and must reach the Registrar within the time fixed by the President: Provided, however, that in so far as a complaint or information relates to conduct, if it does not appear to the President that a question arises whether the said conduct constitutes inappropriate conduct in a professional respect, he shall direct the Registrar to refer such complaint or information to the Council either to decide whether to proceed or whether to be considered as frivolous and not to proceed on such. Should the Council decide to proceed, it shall direct the Registrar to notify the member in accordance with the provisions of this subregulation.

(5) Subject to the foregoing provisions of this regulation, the President shall, on receipt of an explanation by the member or else on the expiry of the time limit established under subregulation (3), direct the Registrar to refer during the immediate next Council meeting, the complaint or information to the Council together with any explanation then furnished by the member and any declarations on oath furnished under subregulation (2).

(6) In this regulation the expression "person acting in a public capacity" means an officer of a government department or public authority acting as such, or any person holding judicial office or any officer attached to a court or any person so authorised by the Council to hold investigations on the conduct of members.