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S.L. 458.19 · Procedure For The Erasure Of Names Of (S.L. 458.19)

S.L. 458.19 ст. 4Complaint and information. Cap. 9.

ДействуетОфициальный текст

(1) When a complaint in writing by a private person or a report by a person acting in a public capacity are sent to the Council -

(a) that a practitioner has been convicted by a Maltese Court of any crime punishable by imprisonment for a 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; or

(b) relating to the conduct of a practitioner; or

*These Rules have been repealed by Legal Notice 249 of 2025.

(c) refers to the fact that a practitioner is unfit to practise his profession on grounds of mental or physical infirmity, the Registrar shall submit the relative document to the Chairman.

(2) In so far as a complaint or report relate to conduct or unfitness on grounds of infirmity no further steps are to be taken unless and until the document is confirmed by means of a declaration on oath; 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, it shall state the source of the declarant’s information and the grounds for his belief in the truth of the fact.

(3) The Chairman shall direct the Registrar to notify the practitoner of the receipt of the complaint or report stating the substance thereof and sending to the practitioner a copy of any declaration on oath furnished under sub-rule (2), and to invite the practitioner to submit to the Council, within such date as the Chairman shall determine, any explanation which the practitioner may have to offer; and every such explanation must be in writing and must reach the Registrar within the time fixed by the Chairman: Provided that in so far as a complaint or report relate to infamous conduct in a professional respect, he shall direct the Registrar -

(a) to refer such complaint or information to the Council to decide whether the complaint or report need not proceed further; or

(b) to direct the Registrar to notify the practitioner in accordance with the provisions of this sub-rule.

(4) The Chairman shall direct the Registrar to refer for inquiry a complaint or information to the Council together with any explanation then furnished by the practitioner and any declarations on oath furnished under sub-rule (2).