Pharmacy Council Disciplinary Procedures Regulations, 2007

L.N. 393 of 2007

HEALTH CARE PROFESSIONS ACT

(CAP. 464 )

Pharmacy Council Disciplinary Procedures Regulations, 2007

IN exercise of the powers conferred by article 51(1)(c) of the Health

Care Professions Act, the Minister for Health, the Elderly and

Community Care has made the following regulations>-

(1) The title of these regulations is the Pharmacy Council Citation and

commencement.

Disciplinary Procedures Regulations, 2007.

(2) These regulations shall be deemed to have come into

force on the 1st June, 2007.

(Regulation 15)

FORM A

PHARMACY COUNCIL

DISCIPLINARY COMMITTEE

Notice of an Inquiry

To ....................................

(date)

I hereby give you notice that the Pharmacy Council has ordered that an inquiry be

held to consider and decide on the imputation brought against you, namely that

You are hereby being informed that for this reason the Disciplinary Committee has

received from the Council the relative file so that an inquiry be proceeded against you

and is appointing the first sitting of the said inquiry on the….............................

of..................... 20 ...... at.................... at ........................ on the following charge>

………………………………………

You are accordingly being granted two weeks time to reply in writing to the

imputations brought against you and you are being warned that should you not file a

reply and fail from attending for the said hearing in to put up a defence, without any

reasonable explanation, the Committee may proceed to hear the case and decide same

in your absence.

A copy of the Pharmacy Council Rules on Disciplinary Proceedings is attached

hereto for your better guidance.

Chairperson

Disciplinary Committee

These regulations concern the execution of disciplinary Objective.

procedures taken by the Pharmacy Council against persons Registered

with the same Council.

In these regulations, unless the context otherwise requires>-

(Regulation 29)

FORM B

PHARMACY COUNCIL

DISCIPLINARY COMMITTEE

Notice to a person to give evidence and#or to bring documents, etc.

To ....................................

(date)

You are hereby required to attend before the Disciplinary Committee on the

..................... of ........................ 20 ...... at .................. at .................. and in the same

manner on any other day for which the hearing is put off, to give evidence and#or to

bring the following documents ................................... in the matter forming the subject

of an inquiry against......................................

You are hereby being warned that should you fail to attend as hereby required,

you are liable to the penalties laid down by law.

Chairperson

Disciplinary Committee

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.80 (€1.86)

Definitions.

“the Act” means the Health Care Professions Act<

“notice of inquiry” means the notice issued in accordance

with sub-regulation (3) of regulation 15 of these regulations<

“Chairperson” means the chairperson of the Disciplinary

Committee appointed in accordance with the provisions of

regulation 4 of these regulations<

“charge” means a charge formulated by the Council to

describe any reason for the taking of disciplinary action and which

is sent to the Committee to initiate the commencement of

disciplinary procedures against a member as established in the Act

and in these regulations<

“the Committee” means the Disciplinary Committee

established by regulation 4 of these regulations<

“complaint” means a complaint made in writing to the Council

in accordance with the provisions of the Act or of these regulations<

“the Council” means the Pharmacy Council established by

article 15 of the Act<

“List” means the Reserve List drawn up in accordance with

regulation 9 of these regulations<

“member” means any person whose name is found listed in

one of the Registers held by the Pharmacy Council and whose

practice is regulated by the Council in accordance with the

provisions of the Act<

“President” means the President of the Council appointed in

accordance with article 15 of the Act<

“Register” means any Register kept by the Council in

accordance with the provisions of the Act<

“Registrar” means the Registrar of the Council appointed in

accordance with the provisions of article 6 of the Act and

particularly with rule 1 of the First Schedule to the Act.

(1) There shall be a Committee to be called the Disciplinary

Committee.

(2)

The Committee shall consist of the following core

members>

(a) a Chairperson appointed by the Council, from amongst

legal practitioners having 12 years experience as an advocate<

(b) two pharmacists from amongst members Registered in

the Register of Pharmacists as established by article 17 of the Act,

to be appointed by the Council<

(c) one person from amongst the general public, who is in

good standing and who is not a health care professional, appointed

by the Council<

(d) one other member from amongst the supplementary

members indicated in sub-regulation (3) of this regulation appointed

in accordance with the provisions of the said sub-regulation (3) of

this regulation.

(3) For each individual case presented to it, the core

members of the Committee shall appoint, from amongst members found

on the Reserve List established by regulation 9 of these regulations,

one of the following as a supplementary member>

(a) one pharmacist from amongst members Registered in

the Register of Pharmacists as established by article 17 of the Act

to be appointed by the Council and who shall only be eligible to

attend hearings concerning disciplinary procedures against a

Pharmacist< or

(b) one pharmacy technician from amongst members

Registered in the Register of Pharmacy Technicians as established

by article 18 of the Act, to be appointed by the Council and who

shall only be eligible to attend hearings concerning disciplinary

procedures against a Pharmacy Technician< or

(c) one member from any other regulated profession or area

of practice for which the Council keeps a Register in accordance

with the provisions of the Act>

Provided that this member shall be practising in the area of

practice in which the member against whom the proceedings are

being taken was practising at the time of the alleged incident>

Provided further that such appointment shall be made by the

Chairperson after consultation with the core members of the

Committee.

(4) The core members of the Committee shall be appointed

for a term of two years and may be re-appointed for a further term or

terms after the expiration of their term of office.

(5) The Chairperson and other members of the Committee

may resign from office before the expiration of their term of office by

letter in writing addressed to the President of the Council.

(1) Where for any reason a vacancy arises in the Committee, Filling of vacancies.

another member from within the Reserve List established by regulation

9 of these regulations shall be appointed by the Council to fill the vacancy

in accordance with the provisions of regulation 4 of these regulations

within one month of the vacancy occurring>

Provided that the Committee may continue to exercise its rights

and powers until such date as the substitute member is appointed.

(2) Such member shall be so appointed for the unexpired

period of the term of office of the member being replaced.

The following shall be disqualified from being members of a

Committee>

(a)

Members of the House of Representatives<

(b) the spouses of members<

(c) members of other health care professions regulated by

and under the Act< and

(d) officials of a trade union, as defined by the Employment

and Industrial Relations Act.

(1) Every member of a Committee shall be entitled to one

(2) The Chairperson shall also be entitled to a casting vote

in cases of equality of votes.

(1) The quorum at a meeting of the Committee shall be half

the members thereof plus one.

(2) The Committee may act notwithstanding any vacancy

provided that a quorum is present.

(3) In the absence of the Chairperson, the other members

shall elect a person from among themselves to chair the meeting, and

such person shall continue to have his original vote as well as a casting

(1) There shall be a Reserve List.

(2) The Reserve List shall be drawn up by the Council from

within members Registered with the Council in accordance with the

provisions of the Act.

(3) The List shall be constituted of a minimum of three and

a maximum of five members from each regulated profession and from

each corresponding area of practice of that profession.

(4) The procedure for appointment of members to the List

shall be as follows>

(a) the Council shall by majority voting agree on a list of

potential nominees to the List>

Provided that nominated members shall have suitable

experience in the practice of the profession<

(b) the Council shall approach each nominated member and

through a written document asking the nominee to inform it in

writing whether or not he or she accepts the nomination<

(c) members accepting the nomination shall have their

names entered in the List.

(5) (a) An entry on the List shall be valid for a period of

four calendar years from the date of first entry.

(b) Such entry may be withdrawn if the nominee asks

the Council in writing for his removal from the List or if the Council

has a justified reason for the removal of the member from the List.

(c) An entry in the List may be renewed for a further

term or terms after receipt by the Council of a written consent by the

nominee for this renewal.

The Committee shall have the following functions>

Functions of the

Committee.

(a) to hear and decide upon a charge formulated by the

Council in accordance with the provisions of these regulations and

presented to the Committee in accordance with the provisions of

sub-regulation (3) of regulation 13 of these regulations<

(b) to ensure that disciplinary hearings are carried out in a

fair and orderly manner and giving adequate opportunity to both

the prosecution and the defence to present their evidence and

witnesses and to challenge any member of the Committee and cross-

examine any witness presented by the either party<

(c) to ensure that during the course of the disciplinary

proceedings, the provisions of the Act and of these regulations are

observed at all times<

(d) to ensure that the rights and obligations of the member

subject to the disciplinary procedures are made known to him prior

to the hearing<

(e) to ensure that in arriving at a decision, the principles of

fairness, justice and proportionality are respected< and

(f) to carry out any other function as may be prescribed by

the Council in relation to the hearing of disciplinary procedures

and taking of disciplinary measures.

(1) No disciplinary proceedings against any member shall

be initiated, followed or taken except in accordance with the provisions

of the Act and of these regulations.

(2) Disciplinary procedures against a member may be taken

through the Committee and in accordance with the provisions of the

Act or of these regulations only in cases concerning alleged professional

misconduct or unethical behaviour.

(3) The Council shall ensure that any charge filed with the

Committee against the member being made subject to disciplinary

procedures does not overlap with any charge filed against the same in

any court of law>

Provided that in such instances, the Council may request the

Committee to determine if there are grounds for the taking of interim

measures, notably suspension, against the member until such time that

the procedures in front of the court of law are terminated.

(1) In accordance with the provisions of article 31 of the

Act and without prejudice to sub-regulation (2) of this regulation, the

Council may of its own motion decide to initiate disciplinary procedures

against a member in accordance with the Act and these regulations>

Provided that such decision is made following a discussion by the

Council on the merits of the case and approval to proceed with

disciplinary action is given by a simple majority vote.

(2) Where -

(a) a complaint in writing that a member has been convicted

by any court in these Islands of any crime punishable by

imprisonment for any term exceeding one year or of any of the

crimes mentioned in articles 212 to 219 or in articles 221 to 223 of

the Criminal Code is sent to the Council by any body or person, or

information in writing that a member has been so convicted is sent

to the Council by a person acting in a public capacity< or

(b) a complaint in writing on the conduct of a member has

been sent to the Council by any body or person, or information in

writing as to the conduct of a member has been sent to the Council

by a person acting in a public capacity< or

(c) a complaint in writing that a member is unfit to continue

to practise his profession on grounds of mental or physical infirmity

is sent to the Council by any body or person, or information in

writing as to the unfitness of a member to continue to practise his

profession on the grounds aforesaid is sent to the Council by a

person< or

(d) an event or occurrence or complaint that comes to the

attention of any elected or appointed member of the Council in

any manner and which is reported to the Council in writing by the

said member,

the Registrar shall submit the complaint or any information presented

to him to the President.

(3) In so far as a complaint relates to conduct or unfitness

on grounds of infirmity, the Council shall not proceed further unless

and until it has been confirmed by means of a declaration on oath, if so

deemed necessary by the Council< and every such declaration –

(a)

shall state the address and description of the declarant,

and

(b) if any fact declared is not within the personal knowledge

of the declarant, shall state the source of the declarant’s information

and the grounds for his belief in the truth of the fact.

(4) Subject to the provisions of sub-regulation (2) of this

regulation, the President shall direct the Registrar to send a written

notification to notify the member of the receipt of the complaint or

information stating the substance thereof and sending to the member a

copy of any declaration on oath furnished under sub-regulation (2) of

this regulation, and to invite the member to submit to the Council, within

such date as the President shall determine but which shall be no less

than 10 calendar days and no more than 20 calendar days from the date

of issue of this notification, any explanation which the member may

have to offer< and every such explanation must be in writing and must

reach the Registrar within the time fixed by the President>

Provided, however, that in so far as a complaint or information

relates to conduct, if it does not appear to the President that a question

arises whether the said conduct constitutes inappropriate conduct in a

professional respect, he shall direct the Registrar to refer such complaint

or information to the Council either to decide whether to proceed or

whether to be considered as frivolous and not to proceed on such. Should

the Council decide to proceed, it shall direct the Registrar to notify the

member in accordance with the provisions of this sub-regulation.

(5) Subject to the foregoing provisions of this regulation,

the President shall, on receipt of an explanation by the member or else

on the expiry of the time limit established under sub-regulation (3) of

this regulation, direct the Registrar to refer during the immediate next

Council meeting, the complaint or information to the Council together

with any explanation then furnished by the member and any declarations

on oath furnished under sub- regulation (2) of this regulation.

(6) In this regulation the expression “person acting in a

public capacity” means an officer of a government department or public

authority acting as such, or any person holding judicial office or any

officer attached to a court or any person so authorised by the Council to

hold investigations on the conduct of members.

(1) When a case is presented to the Council in accordance

with the provisions of sub-regulation (4) of regulation 12 of these

regulations, the Council may either decide that the explanation provided

by the member is adequate and sufficient or to proceed further in

accordance with regulation 14 of these regulations>

Provided that in arriving at this decision the Council shall take

into consideration the merits of the case on the following basis>

(a) the prospect of the case leading to the finding of actual

misconduct<

(b) the need to ensure the proper interpretation of the code

of ethics or parts thereof and the need to keep this updated with

current realities<

(c) the need to protect the public against malpractice and

misconduct on both a professional and ethical basis<

(d) the need to ensure and protect the reputation, and public

confidence, of the profession<

(e) the need to protect members from unwarranted or

vexatious allegations< and

(f) any other matter deemed necessary or relevant to the

complaint in question>

Provided further that the decision on the course of action to

be taken in accordance with these regulations shall be decided by

a simple majority vote.

(2) When the Council deems the explanation offered by the

member to be a sufficient explanation the Council may decide to>

(a)

consider the case closed and take no further action< or

(b) consider the explanation as sufficient to stop the taking

of further disciplinary proceedings against the member but that

the case merits the issue of a letter of guidance to the member in

respect of the case in question< or

(c) consider the explanation as sufficient to stop the taking

of further disciplinary proceedings against the member but that

the case merits the issue of a letter of warning to the member in

respect of the case in question>

Provided that in such an instance the Council may reserve

the right to take further action against the member in relation to

this case should the Council receive further information or receives

other similar or other complaints on the conduct of the member

within a period of not less than six months but not more than one

year from the date of the letter of warning.

(3) When the Council deems the explanation offered by the

member to be an insufficient explanation, the Council>

(a) shall specify, in the form of a charge, the matters into

which the inquiry is to be held< and

(b) may, if it deems appropriate, appoint any other person

to assist the Registrar in the prosecution< and

(c) shall direct the Registrar to submit the case to the

Committee in accordance with the provisions of regulation 14 of

these regulations.

(4) Consequent to its decision, the Council shall direct the

Registrar to inform the complainant of the decision of the Council>

Provided that the Council may direct the Registrar to forward

the complainant with any other information or explanation it may deem

necessary>

Provided further that the Registrar shall send this information

to the complainant within thirty working days of the taking of the

decision by the Council.

(1) On receipt of a direction by the Council to refer a case

to the Committee, the Registrar shall>

(a) present the written charge to the President for

confirmation or otherwise and finalise the wording of the charge

as may be directed by the President to reflect the decision of the

Council>

Provided that such process shall be completed within fourteen

working days of the receipt of direction< and

(b) submit to the Committee a dossier of the case and such

dossier shall contain the following>

(i) a written request asking that the Committee arrange

for the hearing of the case in accordance with the provisions

of the Act and of these regulations<

(ii) a copy of the charge and the contact details of the

member to whom the charge refers<

(iii) a copy of the complaint<

(iv) any other document or evidence that is relevant to

the hearing of the case and which is in the possession of the

Council<

(v) a list of witnesses and documents and evidence to

be presented in front of the Commission for these to be

considered or heard by the Commission during the disciplinary

proceedings<

(vi) any other item that the Registrar, the President or

the Council deems relevant to the hearing of the case.

(2) The dossier shall be presented to the Chairperson within

a maximum of thirty calendar days from receipt of the Council’s

direction.

As soon as may be and after receipt of the dossier as described

in regulation 14 of these regulations, the Committee shall>

(a) appoint a supplementary member to the Committee in

accordance with the provisions of sub-regulation (3) of regulation

4 of these regulations>

Provided that the supplementary member has declared no

conflict of interest in the case<

(b) decide on a date, time and place in which and where the

inquiry shall be held>

Provided that the inquiry shall not be held before the elapse

of fifteen working days and not more that sixty working days from

the date of issue of a notice of inquiry as determined by sub-

regulation (2) of this regulation<

(c) issue a notice of inquiry that shall be in the form set out

in Form A contained in the First Schedule to these regulations,

with such variations as circumstances may require and such notice

shall be sent to the Registrar and the member under investigation>

Provided that the notice shall be issued within a maximum

period of thirty working days from the date of receipt of the dossier<

(d) together with the notice, there shall be sent to the member

being investigated>

(i) a copy of these regulations<

(ii) a statement of the rights and obligations of the

member<

(iii) a copy of the original charge<

(iv) guidance on the place, time and method that may

be followed in order to view all documented evidence relevant

to the inquiry and which is in the possession of the Committee<

and

(v) any other information deemed relevant and

necessary.

Where before the date of the hearing of an inquiry or at any Postponement or

adjournment.

stage of the hearing either the prosecution or the defence bring to the

attention of the Committee that there is a justified cause for the

postponement or adjournment of the hearing, then the Committee shall

discuss the merits of this reason and decide accordingly to postpone,

adjourn or proceed with the hearing of the case.

Proceedings before the Committee shall be held in public.

However the Committee may, when it considers it expedient, order that

the proceedings be held in private.

(1) Any core member or supplementary member of the

Committee shall abstain from taking part in any inquiry or may be

challenged in any of the circumstances in which a judge would abstain

or can be challenged in accordance with the provisions of article 734 of

the Code of Organization and Civil Procedure.

(2) Any such challenge shall not be admissible unless made

before the reading out by the Registrar of the charge to the member.

(3) The Committee shall decide, by majority vote and its

decision shall be final.

(1) Any party to the proceedings before the Committee may

be assisted by an advocate or legal procurator. The member may also

be assisted by any other member whose name appears in any Register

held by the Council.

(2) Before the start of proceedings, the Chairperson shall

bring the provisions of this regulation to the notice of any party to the

proceedings appearing before the Committee without any such

assistance.

(1) The proceedings on the inquiry shall commence with

the Chairperson’s statement who will>

(a)

state the date, time and place of the hearing<

(b) state the names of the parties concerned< and

(c)

declare the hearing open.

(2) The Chairperson will consequently invite the Registrar

or his representative to read out the charge.

(3) Thereupon the Chairperson shall put to the member the

question whether he admits or refutes the charge.

(1) If the member admits the charge the Committee shall>

(a) dispense with the production of witnesses and proceed

to give its decision on that day or on any other day, but no more

than 30 calendar days from the date of the hearing, appointed for

the purpose< or

(b) continue with the hearing of the witnesses and evidence

should it so decide that it must hear certain evidence before deciding

on the punishment<

(2) If the member refutes the charge the Committee shall

proceed with the inquiry.

(3) If the member under investigation fails to attend without

just cause and the Committee is satisfied that a notice of inquiry was

sent and received as required by these regulations, the Committee may,

if it thinks fit, proceed with the inquiry even in his absence>

Provided that, however, if the member is unable to attend for

a just cause, he may, if he so prefers, request that the inquiry be proceeded

in his absence or in the presence of his appointed representative.

The proceedings on an inquiry shall be as follows>

Proceedings.

(a) witnesses in support of the charge shall be produced and

examined by the Registrar or his representative and cross-examined

by the member or his representative< thereafter any member of the

Committee shall be at liberty to put questions as he may deem

necessary<

(b) witnesses in defence shall be heard and in case the

member wishes to give his evidence, he may do so provided his

evidence be given before that of any witness to be produced by

him. Witnesses shall be examined by the member or his

representative and cross-examined by any other party or his

representative to the proceedings< thereafter any member of the

Committee shall be at liberty to put questions as he may deem

necessary<

(c) when the whole of the evidence has been concluded,

the Registrar shall be given the opportunity to address the

Committee on the evidence provided and consequently, the member

shall, personally or through the person by whom he is assisted,

address the Committee and make his defence<

(d) the Committee shall then deliberate on the evidence and

witnesses brought forward and the arguments presented to it by

both parties to determine, by majority voting, whether the charge>

(i) has been proven to the full< or

(ii) has only been partially proven<

(iii) has not been adequately proven< or

(iv) has been disproved<

(e) the Committee shall give its decision on that day or on

any other day, but no more than thirty calendar days from the date

of the hearing, appointed for the purpose<

(f) the Committee shall not be debarred at any stage of the

proceedings until the decision is given from rehearing any witness

or requesting the production of any documents.

When the Committee determines that the charge has been

fully or partially proven, the Committee shall consequently determine

the appropriate disciplinary sanctions to be applied in such case>

Provided that any such sanction or sanctions shall be imposed in

line with the provisions of regulation 34 of these regulations>

Provided further that such sanction shall be one that reflects, but

not exclusively, the principles of>

(a) proportionality to the breach in ethics or acceptable

professional conduct<

(b) proportionality to the negative impact on the profession

or its practice< and the

(c) fair justice and hence of proportionality to the negative

repercussions, both material and non-material, to the aggrieved

person or entity or on the standing or reputation of the profession.

In all cases where the Committee is satisfied that the charge

has not been adequately proven, the Committee shall close all

proceedings and clear the member under investigation of the charge or

charges brought against him or her.

(1) The Committee shall keep in printed and electronic Records.

record the charge, the decision of the Committee and, if relevant, describe

the corresponding disciplinary measure taken.

(2) All documentation, evidence and transcripts of the

procedures shall be duly filed and kept by the Committee.

(3) The Registrar shall file and store the records in a manner

that ensures their preservation, access and reference by the Council, the

Committee or the general public.

(1) The decisions of the Committee shall be given in public Decisions given in

public and in

and in writing< they shall be signed by the Chairman.

writing.

(2) The original, together with the complete record of the

inquiry, shall be sent to the Registrar immediately upon the closure by

the Committee of the disciplinary procedures.

Where under any of the foregoing provisions of these Validity of

proceedings.

regulations the inquiry stands postponed to a future meeting, the validity

of the proceedings at that meeting shall not be called into question by

reason only that members or supplementary members of the Committee

who were present at the former meeting were not present at the later

meeting or that members or supplementary members of the Committee

who were present at the later meeting were not present at the former

meeting.

The Chairperson shall serve without delay on the member Copy of decision.

and the Council a copy of the decision.

Notice to any person to appear before the Committee to give Form of summons

to give evidence.

evidence and, or produce documents shall be in the form set out in

Form B contained in the Second Schedule hereto.

(1) Every notice referred to in these regulations shall be Signature and

serving of notices.

signed by the Chairman and served in accordance with the provisions

of article 36 of the Act>

(2) Any notice issued under regulation 15 shall be served

in accordance with the provisions of article 37 of the Act.

The members and the supplementary members of the Confidential

discussions.

Committee shall not divulge anything discussed by the Committee in

the course of an inquiry.

Unless determined by the Act or these regulations and unless

otherwise expressly provided, the Committee shall regulate its own

procedure.

Any party to an appeal to the Board who feels aggrieved by

a decision of the Committee may, if it feels dissatisfied with any such

decision on a question of law, appeal to the Court of Appeal as

constituted in accordance with article 41(6) of the Code of Organization

and Civil Procedure by means of an application filed in the registry of

that court, in the case of an appeal by the Authority within thirty days

from the date of the Board’s decision, and in the case of any person

within thirty days from the date on which that decision has been served

on him.

(1) Where a member is declared to be guilty of the charges

brought against him, the Committee shall decide on the appropriate

disciplinary action on the basis of the principles encapsulated in

regulation 23 of these regulations and shall refer to the provisions of

sub-regulations (2), (3) and (4) of this regulation as a guide to the

requirement of proportionality between the disciplinary action and the

gravity of the infringement committed.

(2) In those cases where the Committee deems the

infringement is of minor consequence to the profession, its reputation,

the practice or to the concerned third party, the Committee may>

(a)

issue a letter of warning< or

(b) impose a penalty of not less than Lm10 and not more

than Lm150< or

(c) declare that in the event that the member is found guilty

of any other breach of conduct by the Committee within the ensuing

one calendar year, the latter infringement shall be considered in

conjunction with the former infringement in determining the

severity of the disciplinary action to be taken< or

(d) effect any combination of the above.

(3) In those cases where the Committee deems the

infringement is of moderate consequence to the profession, its reputation,

the practice or to the concerned third party the Committee may>

(a)

issue a letter of reprimand< or

(b) impose a penalty of not less than Lm100 and not more

than Lm500< or

(c) declare that in the event that the member is found guilty

of any other breach of conduct by the Committee within the ensuing

two calendar years, the latter infringement shall be considered in

conjunction with the former infringement in determining the

severity of the disciplinary action to be taken< or

(d) order the temporary removal of the member from the

Register of not less than one month and not more than eight months

effective duration>

Provided that the Committee may include conditions on the

member for reinstatement to the Register such as the obligation to

successfully undertake specific training or partake in a continuous

professional development programme during the said period of

application of disciplinary action< or

(e)

effect any combination of the above.

(4) In those cases where the Committee deems the

infringement is of grave consequence to the profession, its reputation,

the practice or to the concerned third party the Committee may>

(a) issue a letter of reprimand and declare that should the

member be found guilty of any other breach of conduct by the

Committee within the ensuing three calendar years, the latter

infringement shall be considered in conjunction with the former

infringement in determining the severity of the disciplinary action

to be taken< or

(b) impose a penalty of not less than Lm500 and not more

than Lm5,000< or

(c) order the temporary removal of the member from the

Register<

Provided that the period of temporary removal shall be of a

minimum of nine calendar months but not exceeding 18 months>

Provided further that the Committee may include conditions

on the member for reinstatement to the Register such as the

obligation to successfully undertake specific training or partake in

a continuous professional development programme during the said

period of application of disciplinary action< or

(d) order the erasure of the member from the Register in

line with the provisions of the Act< or

(e)

effect any combination of the above.

(1) The payment of any penalty imposed in accordance with

these regulations shall be paid to the Council within one calendar month

from the issue of the decision.

(2) Non-compliance to the provisions of sub-regulation (1)

of these regulations shall be deemed as an offence and the defaulting

member shall incur a further daily penalty of Lm1 for each additional

day until such day that the total sum due is paid>

Provided that the Council may, for justified reasons, waive

or reduce this daily penalty.

(3) In this regulation, total sum shall be construed to mean

any penalty or further penalty imposed in accordance with these

regulations together with the sum total of the daily penalty or fine

imposed by sub-regulation (2) of this regulation.