Disciplinary Proceedings (Amendment) Regulations, 2026

L.N. 49 of 2026

HEALTH CARE PROFESSIONS ACT

(CAP. 464)

Disciplinary Proceedings (Amendment) Regulations, 2026

IN EXERCISE of the powers conferred by article 51 of the

Health Care Professions Act, the Minister responsible for health,

following consultation with, and after seeking the advice of the

relevant Councils, has made the following regulations:-

The title of these regulations is the Disciplinary

Proceedings (Amendment) Regulations, 2026 and these regulations

shall be read and construed as one with the Disciplinary Proceedings

Regulations, hereinafter referred to as the "principal regulations".

Paragraph (b) of sub-regulation (1) of regulation 3 of the

principal regulations shall be substituted by the following new

paragraph

"(b) two (2) committee members appointed from the

appropriate permanent register in accordance with regulation 4

and who have been listed, for at least a period of five (5) years

prior to such appointment, in a permanent register corresponding

to the profession of the person charged and when this is not

possible, from an alternative permanent register held by the

relevant Council of the person charged.".

Regulation 4 of the principal regulations shall be amended

as follows

(a) sub-regulation (1) thereof shall be substituted as by

the following new sub-regulation

"(1) When following an investigation, the relevant

Council decides to issue a charge against a health care

professional in accordance with regulation 10(8), it shall

inform the Minister about such fact and the Minister shall

appoint two (2) members on the Disciplinary Committee

from the same profession of the person facing the charge or,

when this is not possible, in accordance with sub-regulation

(4)

Provided that if the health care professional

facing the charge is pursuing a specialist training

programme or is listed in a specialist register held by the

relevant Council in accordance with the Act, one (1) of

those members shall be appointed from the same specialist

register, or when this is no longer possible, from another

specialist register in accordance with sub-regulation (4).";

(b) immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulation

"(4) When it is no longer possible to select a

committee member from the appropriate register, the

Minister shall

(a) in the appointment of a specialist,

continue such selection in alphabetical order from the

register of specialists of the speciality next in line, as

listed in the Fifth Schedule to the Act;

(b) in the case of a charge against a

professional appertaining to a profession listed in the

Third Schedule to the Act, continue such selection in

alphabetical order from the register of the profession

next in line, as listed in the Third Schedule to the Act;

(c) when paragraphs (a) and (b) do not apply,

continue such selection in alphabetical order from an

alternative permanent register of another profession

regulated by the said Council of the person facing the

charge.".

In sub-regulation (2) of regulation 9 of the principal Amends

regulation the words "only in cases concerning alleged professional regulation

the principal

misconduct or for an alleged breach of ethical standards" shall be regulations.

In regulation 14 of the principal regulations the words Amends

"shall be held in public." shall be substituted by the words "shall be regulation

the principal

held in public:" and immediately thereafter there shall be added the regulations.

following new proviso

"Provided that proceedings may be held in camera in

exceptional circumstances as determined by the Disciplinary

Committee when

(a) following the issuance of a charge against a

health care professional, the complainant and the aggrieved

party submit, within two (2) weeks from receipt of that

notice in accordance with regulation 11(2), a written

request to the Disciplinary Committee for the proceedings

to be held in camera and provide the exceptional reasons to

substantiate such request; or

(b) in the written reply, the health care professional

who is being charged includes a preliminary request that

the proceedings be held in camera and provides the

exceptional reasons to substantiate such request. Upon

receipt of such request, the secretary of the Disciplinary

Committee shall inform the complainant and the aggrieved

party of such request and shall provide a period not longer

than two (2) weeks within which the said complainant and

the aggrieved party may indicate whether they accede or

reject such request and provide the reasons thereto

Provided further that when a request in accordance

with paragraphs (a) or (b) of the first proviso is made, the

Disciplinary Committee shall determine this matter during the

first sitting immediately before the reading of the charge in

accordance with regulation 16(2).".

In sub-regulation (1) of regulation 19 of the principal

regulations the words "in accordance with article 32 of the Act:" shall

be substituted by the words "in accordance with the Act and these

regulations:".

In the proviso to sub-regulation (1) of regulation 22 of the

principal regulations the words "Provided that any personal data" shall

be substituted by the words "Provided further that any personal data"

and immediately before there shall be added the following new

"Provided that if in accordance with regulation 14,

the Disciplinary Committee determines that proceedings are to

be held in camera, the decisions of the Disciplinary Committee

shall also be given in camera:".

€0.27