Medical Practitioners Act 1995

   154. Disciplinary offences committed before commencement of this
 Act--- Where,---
   (a) Before the commencement of this Act, any person (being a
         registered medical practitioner or a person who is conditionally
         registered under the Medical Practitioners Act 1968) has engaged
         in conduct that, in the opinion of the Council, would have
         justified the taking of proceedings of a disciplinary nature
         under Part III of that Act; and
   (b) Disciplinary proceedings could have been taken against that person
         under Part VIII of this Act if that conduct had been engaged in
         by that person after the commencement of this Act; and
   (c) No proceedings of a disciplinary nature have been taken under the
         Medical Practitioners Act 1968 against that person in respect of
         that conduct,---
 the following provisions shall apply:
   (d) A complaint may be made under section 83 of this Act to the
         Registrar in respect of that conduct, and that complaint shall
         be dealt with under Part VIII of this Act, as if that person had
         engaged in that conduct after the commencement of this Act, but,
         unless the conduct was engaged in on or after the commencement
         of Part IV of the Health and Disability Commissioner Act
         1994,---
           (i) The complaint shall not be notified, pursuant to section
         83 (4) of this Act, to the Health and Disability Commissioner;
         and
           (ii) Section 86 of this Act shall not apply in respect of the
         complaint:
   (e) Disciplinary proceedings may be taken against that person under
         Part VIII of this Act as if that person had engaged in that
         conduct after the commencement of this Act:
   (f) If the person is found guilty of a disciplinary offence under Part
         VIII of this Act in respect of that conduct,---
           (i) That person may be dealt with under that Part of this Act;
         but
           (ii) Except with the consent of that person, neither the
         Tribunal nor any court shall have power to make against that
         person, in respect of that conduct, any order in the nature of a
         penalty that could not have been made against that person at the
         time when he or she engaged in that conduct.
     Cf. 1992, No. 122, s. 182 (3)



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