S.L. 464.13 Art. 13Decision to proceed with disciplinary procedures or otherwise.

(1) When a case is presented to the Council in accordance with the provisions of regulation 12(4), the Council may either decide that the explanation provided by the member is adequate and sufficient or to proceed further in accordance with regulation 14: Provided that in arriving at this decision the Council shall take into consideration the merits of the case on the following basis:

(a) the prospect of the case leading to the finding of actual misconduct;

(b) the need to ensure the proper interpretation of the code of ethics or parts thereof and the need to keep this updated with current realities;

(c) the need to protect the public against malpractice and misconduct on both a professional and ethical basis;

(d) the need to ensure and protect the reputation, and public confidence, of the profession;

(e) the need to protect members from unwarranted or vexatious allegations; and

(f) any other matter deemed necessary or relevant to the complaint in question: Provided further that the decision on the course of action to be taken in accordance with these regulations shall be decided by a simple majority vote.

(2) When the Council deems the explanation offered by the member to be a sufficient explanation the Council may decide to:

(a) consider the case closed and take no further action; or

(b) consider the explanation as sufficient to stop the taking of further disciplinary proceedings against the member but that the case merits the issue of a letter of guidance to the member in respect of the case in question; or

(c) consider the explanation as sufficient to stop the taking of further disciplinary proceedings against the member but that the case merits the issue of a letter of warning to the member in respect of the case in question: Provided that in such an instance the Council may reserve the right to take further action against the member in relation to this case should the Council receive further information or receives other similar or other complaints on the conduct of the member within a period of not less than six months but not more than one year from the date of the letter of warning.

(3) When the Council deems the explanation offered by the member to be an insufficient explanation, the Council:

(a) shall specify, in the form of a charge, the matters into which the inquiry is to be held; and

(b) may, if it deems appropriate, appoint any other person to assist the Registrar in the prosecution; and

(c) shall direct the Registrar to submit the case to the Committee in accordance with the provisions of regulation 14.

(4) Consequent to its decision, the Council shall direct the Registrar to inform the complainant of the decision of the Council: Provided that the Council may direct the Registrar to forward the complainant with any other information or explanation it may deem necessary:

Provided further that the Registrar shall send this information to the complainant within thirty working days of the taking of the decision by the Council.