Previous - Contents - NextMedical Practitioners Act 1995
VIII: Discipline
Procedure and Decisions of Tribunal 103 Notice of disciplinary proceedings to be given to practitioner
103. Notice of disciplinary proceedings to be given to
practitioner---(1) Where the chairperson of the Tribunal is required to
convene a hearing of the Tribunal to consider a charge against a medical
practitioner, he or she shall forthwith cause to be given to the
practitioner a notice---
(a) Stating that the Director of Proceedings, or a complaints
assessment committee, as the case may be, has reason to believe
that a ground exists entitling the Tribunal to exercise its
powers under section 109 of this Act; and
(b) Containing such particulars as will clearly inform the
practitioner of the substance of the ground believed to exist;
and
(c) Specifying the particulars of the charge; and
(d) Specifying a date (being not less than 20 working days, and not
more than 60 working days, after the date on which the notice is
received by the practitioner) on which the Tribunal intends to
hear the matter.
(2) Where applicable, the chairperson of the Tribunal shall, without
delay, cause to be given to the complainant a copy of the notice
required to be given to the medical practitioner under this section.
(3) Every notice given to a medical practitioner under this section
shall require the practitioner to notify the Tribunal in writing, not
later than a specified date (being not less than 10 working days after
the date on which the notice is received by the practitioner), whether
or not he or she wishes to be heard by the Tribunal, either personally
or by his or her representative.
(4) If a practitioner fails to notify the Tribunal as required by a
notice under this section, the practitioner shall be entitled to appear
and be heard at the hearing only on such conditions as to payment of
costs and expenses or otherwise as the Tribunal thinks fit and so
orders.
Cf. 1968, No. 46, ss. 56A (5)-(8), 58 (3); 1983, No. 40, ss. 8, 9;
1988, No. 150, s. 61 (1)-(3)
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