S.L. 458.7 ст. 4Complaints and information.

(1) Where -

(a) a complaint in writing that a member of the kindred professions or a medical auxiliary 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 198 to 209 of the Criminal Code is sent to the Board by any body or person, or information in writing that a member of the kindred professions or a medical auxiliary has been so convicted is sent to the Board by a person acting in a public capacity; or

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

(c) a complaint in writing that a member of the kindred professions or a medical auxiliary is unfit to continue to practise his profession on grounds of infirmity is sent to the Board by any body or person, or information in writing as to the fitness of a member of the kindred professions or of a medical auxiliary to continue to practise his profession on the grounds aforesaid is sent to the Board by a person acting in a public capacity, the secretary shall submit the complaint or information to the Chairman.

(2) In so far as a complaint relates to conduct or unfitness on grounds of infirmity, it shall not proceed further unless and until it has been 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, shall state the source of the declarant’s information and the grounds for his belief in the truth of the fact.

(3) Subject to the provisions of sub-rule (2), the Chairman shall direct the secretary to notify the member of the kindred professions or the medical auxiliary of the receipt of the complaint or information, stating the substance thereof and sending to the member of the kindred professions or the medical auxiliary a copy of any declaration on oath furnished under sub-rule (2), and to invite the member of the kindred professions or the medical auxiliary to submit to the Board, within such date as the Chairman shall determine, any explanation which the the member of the kindred professions or the medical auxiliary may have to offer; and every such explanation shall be in writing and shall reach the secretary within the time fixed by the Chairman: Provided, however, that in so far as a complaint or information relates to conduct, if it does not appear to the Chairman that a question arises whether the said conduct constitutes infamous conduct in a professional respect, he shall direct the secretary to refer such complaint or information to the Board either to decide that the complaint or information need not proceed further or to direct the secretary to notify the member of the kindred professions or the medical auxiliary in accordance with the provisions of this rule.

(4) Subject to the foregoing provisions of this rule, the Chairman shall direct the secretary to refer for inquiry a complaint or information to the Board together with any explanation then furnished by the member of the kindred professions or the medical auxiliary and any declarations on oath furnished under sub-rule (2).

(5) In this rule 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.