Cap. 464 Art. 35Fraudulent and incorrect registration.

If a relevant Council is satisfied that any entry in any register kept by it under this Act has been fraudulently or incorrectly made, it may, by order in writing, direct that the entry shall be erased from such register, and where the registration has been fraudulently made, it may direct that no application by such person to have his name re-entered in the register shall be accepted before such time as the Council may direct. 36.* (1) Where a relevant Council takes any decision, following a decision of the Disciplinary Council against a person in accordance with articles 32, 35 or 38, the registrar of the respective Council shall within fourteen (14) days from the day that any such decision is taken by the relevant Council, serve the person concerned with such decision and shall within the period of twenty-one (21) days also serve the competent authorities of each Member State with such decision.

(2) Any decision imposed by the relevant Council shall only be enforceable upon the expiry of the term prescribed in sub-article (4) or, in the case an appeal is filed, once the appeal decision is deemed final by the Court of Appeal (Inferior Jurisdiction).

(3) (a) Any notification required to be served in accordance with the provisions of sub-article (1) may be served by a registered letter addressed to the person on whom it is to be served at his address on the appropriate register or at his last known address, and shall, unless the contrary is proved, be deemed to have been served not later than the third day succeeding the day when posted, and in proving service it shall be sufficient to prove that the notification was properly addressed and posted and the letter was delivered.

(b) Failing notification by registered letter as provided in paragraph (a), notification may be made by:

(i) personal service by the registrar of the relevant Council on the person concerned; or

(ii) by means of a judicial letter; or

(iii) failing (i) or (ii) by the publication of the decision in the Gazette.

(4) At any time within thirty (30) days from the date of service in accordance with sub-article (3), the person concerned may appeal to the Court of Appeal (Inferior Jurisdiction) constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure, on points of fact and law.

(5) The Rule-Making Board established under article 29 of the Code of Organization and Civil Procedure may make rules concerning appeals under this article and prescribe the fees to be paid on such appeals.

(6) The Minister responsible for Justice may, after consulting

*Vide Article 11 of Act XXXIII of 2025. the Minister, prescribe fees to be charged by the registrar of the court in connection with such appeals.

(7) The President of the respective Council shall appear as respondent on any appeal under this article in representation of the Council.

(8) Any costs or fees payable by the President of the Council in connection with any appeal under this article shall be paid by the Government in the same manner as costs or fees payable by it in a case to which it is a party.

(9) The Court of Appeal (Inferior Jurisdiction) shall without delay, appoint a date for the hearing of the appeal which date shall in no case be later than three (3) months from the date of the filing of the said appeal.

(10) The Court of Appeal (Inferior Jurisdiction) shall hear and decide the appeal within six (6) months from the date fixed for the first hearing of the appeal. No adjournment beyond the said six (6) months shall be granted except either with the consent of both the appellant and the respondent or for an exceptional reason to be recorded by the Court, and such adjourned date shall not be later than that justified by any such reason.