Previous - Contents - NextMedical Practitioners Act 1995
VIII: Discipline
Complaints Assessment Committee 92 Determination of complaint by complaints assessment committee
92. Determination of complaint by complaints assessment
committee---(1) On the referral to a complaints assessment committee
under section 87 of this Act of a complaint or notice of conviction in
relation to a medical practitioner, the complaints assessment committee
shall determine whether,---
(a) The Council should review, under Part V of this Act, the
competence of the practitioner to practise medicine; or
(b) The Council should review, under Part VII of this Act, the ability
of the practitioner to practise medicine; or
(c) In the case of a complaint, the complaint should be the subject of
conciliation under section 94 of this Act; or
(d) The complaint or conviction should be considered by the Tribunal;
or
(e) No further steps should be taken under this Act in relation to the
complaint or conviction.
(2) A complaints assessment committee shall make a determination under
subsection (1) of this section as soon as reasonably practicable after
the complaint or notice of conviction is referred to it.
(3) Before a complaints assessment committee makes a determination
under subsection (1) of this section,---
(a) The committee shall give the medical practitioner concerned and,
in the case of a complaint, the complainant a reasonable
opportunity to make a written explanation or statement in
relation to the complaint or conviction; and
(b) The committee may, on the application of the medical practitioner
concerned or the complainant, or on its own motion, give that
medical practitioner and, where applicable, the complainant a
reasonable opportunity to appear before the committee to make an
explanation or statement in relation to the complaint or
conviction.
(4) A complaints assessment committee may require that any complaint
referred to it under section 87 of this Act be supported by such
statutory declaration as it thinks fit.
Cf. 1988, No. 150, s. 53
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