On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 31/07/2004.
41.
—(1) Upon due inquiry into the complaint or information, or any information or evidence referred to in section 40(9), a Complaints Committee shall —
(a)
if it is of the view that no formal inquiry is necessary —
(i)
order that the registered medical practitioner be issued with a letter of advice;
(ii)
order that the registered medical practitioner be warned;
(iii)
order that the complaint or matter be dismissed; or
(iv)
make such other order as it thinks fit; or
(b)
if it is of the view that a formal inquiry is necessary —
(i)
order that an inquiry be held by the Health Committee; or
(ii)
order that an inquiry be held by a Disciplinary Committee.
[46/2002]
(2) Where a Complaints Committee determines that a formal inquiry is necessary, it shall order that the inquiry be held by the Health Committee if the complaint, information or evidence touches upon the physical or mental fitness of the registered medical practitioner to practise.
[46/2002]
(3) Where a Complaints Committee has made an order for a formal inquiry to be held by a Disciplinary Committee, the Medical Council shall immediately appoint a Disciplinary Committee which shall hear and investigate the complaint or matter.
(4) Where a Complaints Committee has ordered that a letter of advice be issued, the chairman of the Complaints Committee shall issue a letter of advice in such terms as it thinks fit.
(5) A Complaints Committee shall notify the registered medical practitioner concerned and the person who made the complaint or gave the information under section 39(1) of its decision under subsection (1) and, if it makes an order under subsection (1)(a), the reason for making the order.
[46/2002]
(6) A registered medical practitioner who is aggrieved by any order of a Complaints Committee under subsection (1)(a) may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(7) Where the person who has made the complaint or information to the Medical Council is dissatisfied with any order of a Complaints Committee under subsection (1)(a), he may, within 30 days of being notified of the determination of the Complaints Committee, appeal to the Minister whose decision shall be final.
(8) The Minister may make —
(a)
an order affirming the determination of a Complaints Committee;
(b)
an order directing the Medical Council to immediately appoint a Disciplinary Committee to hear and investigate the complaint or matter or order that an inquiry into such matter be held by the Health Committee; or
(c)
such other order as he thinks fit.
(9) Every Complaints Committee shall immediately report to the Medical Council its findings and the order or orders made.