Medical Registration Act 1997

“certificate of experience” means a certificate granted under section 25;

“Complaints Committee” means a committee appointed by the chairman of the Complaints Panel under section 40;

“Complaints Panel” means the panel appointed by the Medical Council under section 38;

“conditional registration” means registration in Part II of the Register of Medical Practitioners pursuant to section 21 or any other provision of this Act, which registration is subject to any condition or restriction as may be imposed;

“degree” means any degree or diploma or any qualification granted by any university or institution legally authorised to grant that degree or diploma or qualification and which degree or diploma or qualification is recognised or approved by the Medical Council;

“Disciplinary Tribunal” means a tribunal appointed by the Medical Council under section 50;

“fully registered medical practitioner” means a person registered in Part I of the Register of Medical Practitioners in accordance with section 20(1) or (2), as the case may be;

“Health Committee” means a committee appointed by the Medical Council under section 57;

“Interim Orders Committee” means a committee appointed by the Medical Council under section 59A;

“Medical Council” means the Medical Council of Singapore established under section 3(1) of the repealed Medical Registration Act (Cap. 174, 1985 Revised Edition), and by virtue of section 3 of this Act means the Singapore Medical Council;

“practising certificate” means a practising certificate granted under section 36;

“president” means the president of the Medical Council;

“professional performance” means the knowledge, skill or care possessed and applied by a registered medical practitioner in the provision of medical services;

“provisional registration” means registration by virtue of section 24 and “provisionally registered” is to be construed accordingly;

“registered medical practitioner” means a person registered under this Act and includes a person deemed to be so registered under section 72(1);

“Registrar” means the Registrar of the Medical Council;

“Singapore degree” means a degree, diploma or licence in medicine and surgery specified in the First Schedule.

The Medical Council consists of

The members referred to in subsection (1)(b), (c) and (d) hold office for a period of 3 years and are eligible for re‑appointment or re‑election.

If for any reason the Director of Medical Services is unable to attend a particular meeting of the Medical Council, the Director may nominate a representative to attend the meeting and when so attending the representative is deemed for all purposes to be a member of the Medical Council.

The Minister may, at any time, revoke the appointment of any member appointed under subsection (1)(b) or (d) without giving any reason.

Every fully registered medical practitioner resident in Singapore who has in force a practising certificate on the day of election of candidates as members of the Medical Council mentioned in section 4(1)(c) must vote for the election of such members at such time and in such manner as may be prescribed.

Every registered medical practitioner who is required to vote for the election of the members of the Medical Council in accordance with subsection (1) and who fails to do so is not entitled to apply for a practising certificate unless he

The Medical Council has a president who is elected by the members of the Medical Council from among its members.

The president elected under subsection (1) serves for a term not extending beyond the expiry of the term for which he has been appointed or elected to be a member of the Medical Council and is eligible for re‑election.

The president presides at any meeting of the Medical Council and, in his absence, such member as the members present may elect presides at that meeting.

The office of a member of the Medical Council becomes vacant if the member

The Medical Council may, with the approval of the Minister, remove from office any member of the Medical Council who is absent without leave of the Medical Council from 3 consecutive ordinary meetings of

Any question as to whether a person has ceased to be a member of the Medical Council is to be determined by the Minister whose decision is final.

If any vacancy arises among the elected members, the Minister must, as soon as practicable, appoint any registered medical practitioner resident in Singapore to fill that vacancy.

If any vacancy arises among the appointed members, the Minister may appoint a person to fill the vacancy in the manner in which the appointment to the vacant office was made.

Any person appointed to fill the vacancy holds office for as long as the member in whose place the person was appointed would have held office.

The Medical Council may act despite any vacancy in the Medical Council and no act done by or by the authority of the Medical Council is invalid in consequence of any defect that is afterwards discovered in the appointment or election or qualification of the members or any of them.

The Medical Council may

The number and term of office of the members of a committee appointed under this section and the number of those members necessary to form a quorum are to be fixed by the Medical Council.

A committee appointed under this section may include persons who are not members of the Medical Council.

The Medical Council is to meet at such times and places as the president or the Registrar may appoint.

The quorum at every meeting of the Medical Council must be one‑third of the total number of members in office or 7 members, whichever is the higher.

The chairman at any meeting of the Medical Council has an original vote and, in the case of an equality of votes, a casting vote.

There are to be paid to the members of the Medical Council and members of any committee appointed by the Medical Council, or their respective employers, such fees as may be approved by the Minister.

The Medical Council may make rules for the conduct of its business.

Any unauthorised person who

It is a defence to a prosecution under subsection (1) if the defendant proves that

For the purposes of this Act, there is to be a Registrar of the Medical Council.

The Director of Medical Services is to be the Registrar of the Medical Council.

The Minister may appoint a Deputy Registrar to assist the Registrar in carrying out the Registrar’s functions and duties under this Act.

The Registrar may, subject to such conditions or restrictions as the Registrar thinks fit, delegate to the Deputy Registrar any of the Registrar’s powers or functions under this Act, except the power of delegation conferred by this section.

The Registrar may continue to exercise any power conferred on the Registrar or perform any function under this Act despite the delegation of such power or function under this section.

In addition to duties under the Public Sector (Governance) Act 2018, the Registrar must maintain and keep the following registers:

Each register must contain

The Registrar is responsible for the maintenance and custody of the registers.

Every person whose name is registered in any of the registers must inform the Registrar in writing of

Any person who contravenes subsection (4)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.

A person who makes a report of a change in the person’s residential address under section 10 of the National Registration Act 1965 is deemed to have complied with subsection (4)(a) on the date on which the person makes the report.

The Registrar may disclose any information in the registers to any person prescribed by regulations made under this Act, if such disclosure is in accordance with such conditions as may be specified in those regulations.

Subsection (5) is without prejudice to any other right or duty to disclose the information under general or written law.

Subject to the provisions of this Act, any person who

For the purposes of subsection (1)(c), the Medical Council may prescribe different requirements for the different degrees, diplomas or licences in medicine and surgery specified in the First Schedule.

Despite subsection (1), a person, not being a Singapore degree holder, who

Despite subsections (1) and (2), the Medical Council may, if it is of the view that it is not in the public interest for a person mentioned in either of those subsections to be registered as a fully registered medical practitioner, direct that the person be registered as a medical practitioner with conditional registration in Part II of the Register of Medical Practitioners, and section 21(4) and (6) to (9) applies accordingly.

Subject to the provisions of this Act, any person who

Subject to the provisions of this Act, any person who holds

The Medical Council may require a person with a degree, other than a degree specified in the Second Schedule, to undergo and pass an examination conducted or arranged by the Medical Council or by such other person or persons as the Medical Council may appoint to satisfy itself that the degree is not lower in standing than a degree specified in the Second Schedule.

Every direction by virtue of which a person is registered under this section must specify the conditions or restrictions of the person’s registration and may further specify one or more of the following:

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The Medical Council may cancel the conditional registration of a medical practitioner if

A person who is or has been registered with conditional registration may

If the Medical Council thinks fit so to direct, having regard to the knowledge and skill shown and the experience acquired by the applicant mentioned in subsection (7), the applicant is to be registered under section 20 as a fully registered medical practitioner.

On a medical practitioner with conditional registration becoming registered otherwise than conditionally, the medical practitioner’s name must be removed from Part II of the Register of Medical Practitioners.

Subject to the provisions of this Act, any person

A person may be registered under subsection (1) as a specialist subject to such conditions or restrictions as the Medical Council may impose.

The Medical Council must not register any person under subsection (1) as a specialist unless the person has obtained a certificate from the Specialists Accreditation Board under section 35.

The Medical Council may, with the approval of the Minister, make regulations for all or any of the following purposes:

Subject to the provisions of this Act, any person

A person may be registered under subsection (1) as a family physician subject to such conditions or restrictions as the Medical Council may impose.

The Medical Council must not register any person under subsection (1) as a family physician unless the person has obtained a certificate from the Family Physicians Accreditation Board under section 35B.

The Medical Council may, with the approval of the Minister, make regulations for all or any of the following purposes:

Subject to the provisions of this Act, any person

Any registration under subsection (1) is for a period not exceeding 2 years which may be renewed, at the discretion of the Medical Council, for a further period or periods each not exceeding 12 months.

A person may be registered under subsection (1) subject to such conditions and restrictions as the Medical Council may impose.

This section has effect for enabling persons desirous of obtaining certificates of experience to be employed as mentioned in section 25(1).

Any person who is qualified to be registered under this Act may, for the purpose of satisfying any requirement as to experience, be provisionally registered for such duration and subject to such conditions or restrictions as the Medical Council may specify, if he produces evidence satisfactory to the Registrar that he has been selected to be engaged in such employment as is mentioned in section 25(1).

The Medical Council may cancel the provisional registration of a medical practitioner if

The Medical Council must, before proceeding under subsection (2A), notify the registered medical practitioner concerned of its intention to cancel his provisional registration under subsection (2A) and must give the registered medical practitioner an opportunity to submit reasons why his registration should not be so cancelled.

Any person who is aggrieved by the cancellation of his registration by the Medical Council under subsection (2A) may, within 30 days after being notified of the cancellation, appeal to the Minister whose decision is final.

Any person who is provisionally registered is to be registered in the Register of Provisionally Registered Medical Practitioners and on a person becoming registered otherwise than provisionally his name must be removed from such register.

A certificate of experience must not be granted in respect of any person unless that person has been engaged in employment as a house officer or in such other similar capacity as may be approved by the Medical Council (called in this section the approved capacity) in one or more hospitals or institutions in Singapore approved by the Medical Council for a prescribed period.

A person who has been employed as mentioned in subsection (1) may apply for a certificate of experience to the certifying authority, and if the certifying authority is satisfied

In subsection (2), “certifying authority” means

No qualification is to be entered on a register unless the Registrar is satisfied by such evidence as the Registrar may consider proper that the person claiming the qualification is entitled to it.

Every person registered under this Act, who obtains any qualification in addition to the qualification by virtue of which that person has been registered, may apply to the Medical Council to have that additional qualification inserted in a register.

The Medical Council has power to decide what additional qualifications may be entered in a register.

Every application for registration under this Act must be made to the Medical Council in such manner or form and must be accompanied by such documents and particulars as the Medical Council may require.

An application under subsection (1) must be accompanied by the prescribed fee.

The Medical Council may refuse to register any applicant who, in the opinion of the Medical Council

Where the Medical Council refuses to register an applicant, the Medical Council must by written notice inform the applicant of such refusal.

Any person who is aggrieved by any refusal of the Medical Council under subsection (3) may, within one month of the notice given under subsection (4), appeal to the Minister whose decision is final.

The Registrar must enter the name of a registered medical practitioner in the appropriate register.

Every registered medical practitioner is, on payment of the prescribed fee, entitled to receive a certificate of registration.

The Medical Council is to appoint a committee called the Credentials Committee, consisting of at least 3 members of the Medical Council, to

The term of office of the members of the Credentials Committee and the quorum of the Committee are to be determined by the Medical Council.

The Credentials Committee may interview the applicants and make such enquiries or do anything which the Committee may think necessary or expedient for discharging its functions under this Act.

Without limiting subsection (3), the Credentials Committee may, by written notice, require an applicant

The registered medical practitioner who conducts the examination mentioned in subsection (4)(b) must, within 14 days after the examination or such longer time as the Credentials Committee may allow, submit his report on the applicant’s fitness to practise medicine to the Credentials Committee.

Any applicant who fails to comply with a requirement under subsection (4) within the time stated in the notice is deemed to have withdrawn his application.

Despite the provisions of this Act, the Medical Council may, upon such evidence as it may require, order the removal from the appropriate register the name of a registered medical practitioner under any of the following circumstances:

The Medical Council must, before exercising its powers under subsection (1), notify the registered medical practitioner concerned of its intention to take such action and must give the registered medical practitioner an opportunity to submit reasons why his name should not be removed.

Any person who is aggrieved by any order of the Medical Council under subsection (1) may, within 30 days of being notified of the order, appeal to the Minister whose decision is final.

Where the name of a person has been removed from a register under section 31(f) or 32(1)(a), (b), (c), (ca), (cb) or (g), the Medical Council may, upon application by the person, if it thinks fit direct

An application under subsection (1) must not be made to the Medical Council more than once in any period of 6 months by or on behalf of the medical practitioner.

An application under subsection (1) must not be made to the Medical Council by or on behalf of the medical practitioner unless the medical practitioner has complied with all the terms of the order made against the medical practitioner under section 32(1), where applicable.

There is to be a board called the Specialists Accreditation Board (called in this Part the Board) consisting of at least 8 registered medical practitioners to be appointed by the Minister.

The chairman of the Board is to be appointed by the Minister from among its members.

The chairman and members of the Board are appointed for a term not exceeding 3 years but may be re‑appointed and may at any time be removed from office by the Minister.

If any member of the Board dies, resigns or is removed from office, the Minister may fill the vacancy by the appointment of a registered medical practitioner and every person so appointed holds office for the remainder of the term for which the person’s predecessor was appointed.

The powers of the Board are not affected by any vacancy in its membership.

At any meeting of the Board, 3 members form a quorum.

At any meeting of the Board, the chairman presides and in his absence the members present must elect one of their members to preside at the meeting.

If on any question to be determined by the Board there is an equality of votes, the chairman or the member presiding at the meeting has a casting vote.

Subject to the provisions of this Act, the Board may determine its own procedure.

The Board may appoint one or more committees consisting of such members as it thinks fit to assist the Board in carrying out its functions under this Act.

The functions of the Board are

The Board may further subdivide the specialties in medicine into further classes of sub‑specialties and this section applies, with the necessary modifications, to such sub‑specialties.

A reference in this Act to a specialty is to be construed as including a reference to a sub‑specialty.

Any person who desires to have a certificate from the Board to certify that the person has the qualifications or experience and who meets the conditions for registration as specialists under this Act may apply to the Board.

Any person who is aggrieved by the refusal of the Board to grant the certificate may, within one month of the notice of the refusal, appeal to the Minister whose decision is final.

There is to be a board called the Family Physicians Accreditation Board (called in this Part the Board) consisting of at least 8 registered medical practitioners to be appointed by the Minister.

The chairman of the Board is to be appointed by the Minister from among its members.

The chairman and members of the Board are appointed for a term not exceeding 3 years but may be re‑appointed and may at any time be removed from office by the Minister.

If any member of the Board dies, resigns or is removed from office, the Minister may fill the vacancy by the appointment of a registered medical practitioner and every person so appointed holds office for the remainder of the term for which the person’s predecessor was appointed.

The powers of the Board are not affected by any vacancy in its membership.

At any meeting of the Board, 4 members form a quorum.

At any meeting of the Board, the chairman presides and, in his absence, the members present must elect one of their members to preside at the meeting.

If on any question to be determined by the Board there is an equality of votes, the chairman or the member presiding at the meeting has a casting vote.

Subject to the provisions of this Act, the Board may determine its own procedure.

The Board may appoint one or more committees consisting of such members as it thinks fit to assist the Board in carrying out its functions under this Act.

The functions of the Board are

Any person who desires to have a certificate from the Board to certify that the person has the qualifications or experience and meets the conditions for registration as a family physician under this Act may apply to the Board.

Any person who is aggrieved by the refusal of the Board to grant the certificate may, within one month of the notice of refusal, appeal to the Minister whose decision is final.

Any registered medical practitioner who desires to obtain a practising certificate must make an application to the Medical Council in such form and manner as the Medical Council may require.

Every application for a practising certificate must be accompanied by the prescribed fee.

A practising certificate is to be granted for a period not exceeding 2 years from the date of issue of the practising certificate.

Any application for renewal of a practising certificate must be made not later than one month before the expiry of the practising certificate in such form as the Medical Council may require.

Any registered medical practitioner who applies for a practising certificate later than one month before the expiry of the practising certificate is liable to pay to the Medical Council such late application fee as may be prescribed by the Medical Council.

The Medical Council may

Without limiting subsection (6) and section 70(2)(b), the Medical Council may, with the approval of the Minister, prescribe conditions that require a registered medical practitioner applying for the grant or renewal of his practising certificate to

A registered medical practitioner who believes that

Subject to this section, if the Medical Council and the registered medical practitioner agree in writing on the action to be taken under subsection (1), the Medical Council may proceed with the agreed course of action.

The Medical Council must not take any action under this section in relation to a registered medical practitioner if

This section applies where the Medical Council has notified the registered medical practitioner under section 39(3)(b), except that if the Medical Council and the registered medical practitioner are unable to agree on the course of action to be taken under subsection (1)(i) to (v), the Medical Council must proceed to refer the matter to the chairman of the Complaints Panel under section 39(3)(a).

For the purpose of enabling Complaints Committees and Disciplinary Tribunals to be constituted in accordance with this Part, the Medical Council must appoint a panel (called in this Act the Complaints Panel) consisting of

The term of office of a member of the Complaints Panel referred to in subsection (1)(a) expires at the end of his term of office as member of the Medical Council, and a member of the Complaints Panel referred to in subsection (1)(b) or (c) is appointed for a term of 2 years; and any member of the Complaints Panel is eligible for re‑appointment.

The Medical Council may at any time remove from office any member of the Complaints Panel or fill any vacancy in its membership.

The Medical Council must appoint, from among the members of the Complaints Panel who are members of the Medical Council, the chairman and the deputy chairman of the Complaints Panel.

Any member of the Medical Council who is employed in the Ministry of Health is not disqualified from being a member of any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee by reason only that he is so employed.

Any

The Medical Council must refer every complaint or information, other than a complaint or information touching on the matters referred to in section 32, to the chairman of the Complaints Panel.

The Medical Council may, on its own motion

Despite subsections (2) and (3), where a registered medical practitioner has been convicted in Singapore or elsewhere of an offence implying a defect in character which makes him unfit to practise medicine, the Medical Council may immediately refer the matter to a Disciplinary Tribunal under section 50.

The chairman of the Complaints Panel may appoint one or more committees (called for the purposes of this Act Complaints Committees), each comprising

A Complaints Committee may be appointed in connection with one or more matters or for such fixed period of time as the chairman of the Complaints Panel may think fit.

The chairman of the Complaints Panel may at any time revoke the appointment of any Complaints Committee or may remove any member of a Complaints Committee or fill any vacancy in a Complaints Committee.

No act done by or under the authority of a Complaints Committee is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.

All the members of a Complaints Committee must be present to constitute a quorum for a meeting of the Complaints Committee and any resolution or decision in writing signed by all the members of a Complaints Committee is as valid and effectual as if it had been made or reached at a meeting of the Complaints Committee where all its members were present.

A Complaints Committee may meet for the purposes of its inquiry, adjourn and otherwise regulate the conduct of its inquiry as its members may think fit.

The chairman of a Complaints Committee may at any time summon a meeting of the Complaints Committee.

All members of a Complaints Committee present at any meeting thereof must vote on any question arising at the meeting and such question is to be determined by a majority of votes and, in the case of an equality of votes, the chairman has a casting vote.

A member of a Complaints Committee, even though he has ceased to be a member of the Complaints Panel on the expiry of his term of office, is deemed to be a member of the Complaints Panel until such time as the Complaints Committee has completed its work.

Where any complaint or information mentioned in section 39(1)(a), (b) or (c) is made or referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must lay the complaint or information before a Complaints Committee.

Where any information mentioned in section 39(1)(d) is referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must

A Complaints Committee must, within 2 weeks after its appointment, commence its inquiry into any complaint or information, or any information or evidence mentioned in section 44(5), and complete its inquiry not later than 3 months after the date the complaint or information is laid before the Complaints Committee.

Where a Complaints Committee is of the opinion that it will not be able to complete its inquiry within the period specified in subsection (1) due to the complexity of the matter or serious difficulties encountered by the Complaints Committee in conducting its inquiry, the Complaints Committee may apply in writing to the chairman of the Complaints Panel for an extension of time to complete its inquiry and the chairman may grant such extension of time to the Complaints Committee as he thinks fit.

For the purposes of any inquiry, a Complaints Committee may appoint one or more investigators in accordance with section 60A to investigate the complaint or information, and the investigator may exercise any one or more of the powers under that section in carrying out the investigator’s functions and duties under this Part.

A Complaints Committee must

In referring the matter for mediation under section 42(4)(b)(ii), the Complaints Committee may order the personal attendance of the complainant and the registered medical practitioner before a mediator specified by the Complaints Committee.

The mediator mentioned in subsection (1) must submit a report to the Complaints Committee on the outcome of the mediation.

If the complainant refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may dismiss the matter.

If the registered medical practitioner refuses or fails, without reasonable cause, to comply with the order under subsection (1), the Complaints Committee may proceed to make a direction under section 42(4)(b)(i) or (c).

If for any reason the mediation does not take place or the matter is not amicably resolved through mediation, the Complaints Committee or another Complaints Committee appointed in its place may make any direction under section 42(4)(b)(i) or (c) as it thinks fit.

An investigator directed under section 42(4)(c) to investigate any complaint or information must, if the investigator is of the opinion that a registered medical practitioner should be called upon to answer any allegation made against the practitioner, give written notice of the complaint or information to the practitioner.

A notice under subsection (1) must

In the course of investigations, the Complaints Committee may authorise the investigator in writing to

If the registered medical practitioner

Where, in the course of an investigation, an investigator receives any information touching on, or obtains any evidence of, the conduct, physical or mental fitness, or professional performance of a registered medical practitioner other than the registered medical practitioner concerned which may give rise to proceedings under this Part, the investigator must make a report to the Complaints Committee under section 48.

On receiving a report under subsection (5), the Complaints Committee may

If a registered medical practitioner agrees to undergo a performance assessment under section 44(3)(a), the quality of professional services provided by him must be assessed by a Performance Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.

The Performance Assessment Panel will carry out the performance assessment in accordance with

The registered medical practitioner under assessment must, if required by the Performance Assessment Panel

Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the power of a Performance Assessment Panel to require the production of any record or other document conferred under subsection (3) includes the power to require the production of a reproduction of any such information or matter or of the relevant part of it in a legible form.

A Performance Assessment Panel may inspect, examine or make copies of or take any abstract of or extract from any record or document produced under subsection (3) or (4).

The Performance Assessment Panel must give a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, the registered medical practitioner.

The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered medical practitioner under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

If a registered medical practitioner agrees to submit to a fitness assessment under section 44(3)(b), his fitness to practise medicine by reason of his physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.

The Fitness Assessment Panel will carry out the fitness assessment in accordance with

The Fitness Assessment Panel must submit a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, provide a copy of the report to the registered medical practitioner.

The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered medical practitioner under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.

A person to whom this section applies is not compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance or fitness assessment except in the case of the following:

A person to whom this section applies must not disclose any information contained in any document as may have come to that person’s knowledge in the course of a performance or fitness assessment unless the disclosure is made

This section applies to

Upon completing an investigation into any complaint or information, the investigator must submit a report on the findings of the investigation to the Complaints Committee for its deliberation.

The report mentioned in subsection (1) must include

A person must not disclose the contents of the investigation report or any information contained in any document which was obtained in the course of any investigation or inquiry commenced under this Part to any other person, including the registered medical practitioner, except where

The Complaints Committee may, in the course of its deliberations and before it reaches a decision, seek such legal advice as it thinks necessary.

The registered medical practitioner concerned does not have the right to be heard by the Complaints Committee, whether in person or by counsel, unless the Complaints Committee in its absolute discretion otherwise allows.

After deliberation of the investigation report and any recommendation of an investigator made under section 48, and upon due inquiry into the complaint or information (including any information or evidence mentioned in section 44(5)), a Complaints Committee must, if it is of the view that no formal inquiry by a Disciplinary Tribunal or Health Committee is necessary

Where a Complaints Committee determines that a formal inquiry is necessary, it must order

Where a Complaints Committee has made an order under subsection (2) or (6) for a formal inquiry to be held by a Disciplinary Tribunal or Health Committee, the Medical Council must appoint a Disciplinary Tribunal or Health Committee (as the case may be) which must hear and investigate the complaint or matter.

Where a Complaints Committee has decided to issue a letter of advice to the registered medical practitioner, the chairman of the Complaints Committee must issue the letter of advice in such terms as it thinks fit.

Where a Complaints Committee has referred the matter for mediation, section 43 applies with the necessary modifications, and references in section 43(4) and (5) to section 42(4)(b)(i) or (c) are to be read as references to section 49(1) or (2), respectively.

Where a registered medical practitioner in respect of whom an order is made under subsection (1)(c), (d), (e) or (f) is found by a Complaints Committee (whether it is the Complaints Committee that made the order or another Complaints Committee appointed in its place) to have failed to comply with any of the requirements imposed on him, the Complaints Committee may, if it thinks fit, order that a formal inquiry be held by a Disciplinary Tribunal or Health Committee (as the case may be) in respect of the complaint, information or evidence.

Where, in the course of an inquiry, a Complaints Committee receives any information touching on, or any evidence of, the conduct of the registered medical practitioner concerned which discloses an offence under any written law, the Complaints Committee must record the information and report it to the Medical Council.

Where the complainant withdraws his complaint before

A Complaints Committee must notify the registered medical practitioner concerned and the person who made the complaint or referred the information under section 39(1) of its decision under subsection (1) or (2) and, if it makes an order under subsection (1), the reason for making the order.

A registered medical practitioner who is aggrieved by any order of a Complaints Committee under subsection (1) may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.

If the person who has made the complaint or referred any information to the Medical Council is dissatisfied with any order of a Complaints Committee under subsection (1), he may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.

If the Medical Council is dissatisfied with any order of a Complaints Committee under subsection (1) in a case where a complaint is made or any matter or information is referred to the chairman of the Complaints Panel under section 37A(4), 39(3)(a) or 44(6)(b)(ii), the Medical Council may, within 30 days after being notified of the determination of the Complaints Committee, appeal to the Minister whose decision is final.

The Minister may, after considering the appeal, make

Every Complaints Committee must immediately report to the Medical Council its findings and the order or orders made.

The Medical Council may appoint one or more Disciplinary Tribunals, each comprising

A member of a Complaints Committee inquiring into any matter concerning a registered medical practitioner must not be a member of a Disciplinary Tribunal inquiring into the same matter.

The observer appointed under subsection (1)(c)(i) must not vote on any question or matter to be decided by the Disciplinary Tribunal and need not be present at every meeting of the Disciplinary Tribunal.

A Disciplinary Tribunal may be appointed in connection with one or more matters or for a fixed period of time as the Medical Council may think fit.

The Medical Council may at any time revoke the appointment of any Disciplinary Tribunal or may remove any member of a Disciplinary Tribunal or fill any vacancy in a Disciplinary Tribunal.

Without limiting subsection (5), where, after a Disciplinary Tribunal has commenced the hearing and investigation of any matter, any member of the Disciplinary Tribunal is unable through death, illness or any other cause to continue with the hearing and investigation of the matter, the Medical Council may fill the vacancy or appoint another Disciplinary Tribunal to continue the hearing and investigation of the matter.

The Disciplinary Tribunal so reconstituted or appointed under subsection (6) may, with the consent of the Medical Council and the registered medical practitioner to whom the complaint relates, and having regard to the evidence given, the arguments adduced and any order made during the proceedings before the previous Disciplinary Tribunal, hear and investigate the matter afresh.

The production of any written instrument purporting to be signed by the Medical Council and making an appointment, revocation or removal referred to in this section is evidence that such appointment or revocation has been duly made.

Every member of a Disciplinary Tribunal appointed under subsection (1) is to be paid such remuneration as the Medical Council may determine.

No act done by or under the authority of a Disciplinary Tribunal is invalid in consequence of any defect that is subsequently discovered in the appointment or qualification of the members or any of them.

Subject to subsection (3), all members of a Disciplinary Tribunal must be personally present at any meeting thereof to constitute a quorum for the transaction of any business.

Subject to subsection (3), all members of a Disciplinary Tribunal present at any meeting thereof must vote on any question arising at the meeting and such question is to be determined by a majority of votes and, in the case of an equality of votes

A Disciplinary Tribunal may meet from time to time to inquire into any matter referred to it by the Medical Council and may regulate its own procedure.

A member of a Disciplinary Tribunal, even though he has ceased to be a member of the Complaints Panel or panel referred to in section 50(1)(a) on the expiry of his term of office, continues to be a member of the Disciplinary Tribunal until such time as the Disciplinary Tribunal has completed its work.

The registered medical practitioner concerned may appear in person or be represented by counsel.

A Disciplinary Tribunal is not bound to act in a formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.

A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents.

The subpoenas referred to in subsection (5) must be served and may be enforced as if they were subpoenas issued in connection with a civil action in the General Division of the High Court.

Any person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth.

Witnesses have the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if such hearings were proceedings in a court of law.

A Disciplinary Tribunal must carry out its work expeditiously and may apply to the Medical Council for an extension of time and for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make its finding and order within 6 months from the date of its appointment.

When an application for extension of time has been made under subsection (9), the Medical Council may grant an extension of time for such period as it thinks fit.

In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation.

Where, in the course of inquiring into the case of a registered medical practitioner, it appears to a Disciplinary Tribunal that his fitness to practise may be impaired by reason of his physical or mental condition, the Disciplinary Tribunal may refer that question to a Health Committee for determination.

If, on a reference under this section, the Health Committee determines that the fitness of the registered medical practitioner to practise is not impaired by reason of his physical or mental condition, the Health Committee must certify its opinion to the Disciplinary Tribunal.

If, on a reference under this section, the Health Committee determines that the fitness of the registered medical practitioner to practise is impaired by reason of his physical or mental condition, the Health Committee must

Where a registered medical practitioner is found by a Disciplinary Tribunal

For the purposes of subsection (1), the Disciplinary Tribunal may

In any proceedings instituted under this Part against a registered medical practitioner consequent upon his conviction for a criminal offence, a Disciplinary Tribunal and the General Division of the High Court on appeal from any order of the Disciplinary Tribunal are to accept his conviction as final and conclusive.

Where a registered medical practitioner is not found by a Disciplinary Tribunal to have been convicted or guilty of any matter referred to in subsection (1), the Disciplinary Tribunal is to dismiss the complaint or matter.

A Disciplinary Tribunal may under subsection (2) order the registered medical practitioner concerned to pay to the Medical Council such sums as it thinks fit in respect of costs and expenses of and incidental to any proceedings before the Disciplinary Tribunal and, where applicable, an Interim Orders Committee.

The General Division of the High Court has jurisdiction to tax such costs referred to in subsection (5) and any such order for costs made is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court.

The Disciplinary Tribunal in ordering that costs be paid by the registered medical practitioner under this section may certify that costs for more than one solicitor be paid if it is satisfied that the issues involved in the proceedings are of sufficient complexity, and the certification by the Disciplinary Tribunal has the same effect as if it were a certification by a Judge in a civil action in the General Division of the High Court.

The costs and expenses mentioned in subsection (5) include