ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) RULES *

SUBSIDIARY LEGISLATION 458.07

ADVISORY AND EXECUTIVE BOARD (ERASURE

OF NAMES PROCEDURE) RULES *

18th December, 1959

LEGAL NOTICE 86 of 1959, as amended by: Legal Notice 90 of 1968

and Act XLIX of 1981.

The title of these Rules is the Advisory and Executive

Board (Erasure of Names Procedure) Rules.

[Rules 5 (3), 18]

FORM A

Rule 5 (3)

ADVISORY AND EXECUTIVE BOARD

Notice of Inquiry

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

I hereby give you notice that the Advisory and Executive Board

has ordered an inquiry to consider and judge the charge imputed to

you, namely ..................................................

You are hereby informed that the first sitting of the said inquiry

will be held on ............... the .................19 ............. at ... at

A copy of the Advisory and Executive Board (Erasure of Names

Procedure) Rules is enclosed for your guidance.

You are warned that failure on your part to appear without giving

a reasonable explanation for your absence would not debar the

Advisory and Executive Board from proceeding with the inquiry

even in your absence.

Chairman,

Date .............................

Advisory and Executive Board

FORM B

(Rule 18)

ADVISORY AND EXECUTIVE BOARD

Notice to a person to give evidence and/or to produce

Documents, etc.

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

You are hereby required to attend before the Advisory and

Executive Board on ................. the ................19 ...... at ............. at

........................ and so on any other day to which the hearing may

be put off, to give evidence and/or to produce the following

documents ........................... in the matter of an inquiry held

against ..........................................

You are warned that failure to attend as hereby required will

expose you to sanctions prescribed by law.

Chairman,

Date .................................

Advisory and Executive Board

In these rules -

"the Act" means the Health Care Professions Act;

"charge" means a charge specified in a notice of inquiry;

"notice of inquiry" has the meaning assigned to it by rule 5(1);

"medical auxiliary" means physiotherapist, chiropodist, dietitian,

medical laboratory technician, occupational therapist, radiographer,

rem edial gymnast, speech therapist, m asseur and masseuse

registered under the Act, and references to the medical auxiliary in

relation to any complaint or information or to any proceedings, are

to be construed as references to the medical auxiliary against whom

a complaint or information is sent to the Board;

"Board" means the Advisory and Executive Board established by

the Department of Health (Constitution) Ordinance;

"Chairman" means the Chairman of the Advisory and Executive

Board and includes, in the case of absence of the Chairman from a

meeting of the Board, the Chairman of that meeting;

"member of the kindred professions" means midwife, registered

nurse or enrolled nurse, registered or enrolled, as the case may be,

under the Act, and references to member of the kindred professions

in relation to any complaint or information or to any proceedings,

are to be construed as references to the member of the kindred

professions against whom a complaint or information is sent to the

Board;

"appropriate register" means the appropriate register for the

purposes of the Act;

"secretary" means the secretary of the Advisory and Executive

Board appointed in accordance with the provisions of article 24(4)

of the Department of Health (Constitution) Ordinance.

No direction shall be given under the Act except in

consequence of an inquiry held in accordance with the provisions

of these rules into the charge or charges formulated in a notice of

inquiry served in accordance with the said provisions of these rules

on the person against whom the charge is made.

*These Rules have been repealed by Legal Notice 249 of 2025.

(1)

Where -

(a) a complaint in writing that a member of the kindred

professions or a medical auxiliary 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 198 to 209 of

the Criminal Code is sent to the Board by any body or

person, or information in writing that a member of the

kindred professions or a medical auxiliary has been so

convicted is sent to the Board by a person acting in a

public capacity; or

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

the kindred professions or a medical auxiliary has been

sent to the Board by any body or person, or

information in writing as to the conduct of a member

of the kindred professions or of a medical auxiliary has

been sent to the Board by a person acting in a public

capacity; or

(c) a complaint in writing that a member of the kindred

professions or a medical auxiliary is unfit to continue

to practise his profession on grounds of infirmity is

sent to the Board by any body or person, or

information in writing as to the fitness of a member of

the kindred professions or of a medical auxiliary to

continue to practise his profession on the grounds

aforesaid is sent to the Board by a person acting in a

public capacity,

the secretary shall submit the complaint or information to the

Chairman.

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

grounds of infirmity, it shall not proceed further unless and until it

has been confirmed by means of a declaration on oath; 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.

(3) Subject to the provisions of sub-rule (2), the Chairman shall

direct the secretary to notify the member of the kindred professions

o r t h e m e di c a l aux i li a r y o f t he r e c e i pt o f t h e com p l a in t o r

information, stating the substance thereof and sending to the

member of the kindred professions or the medical auxiliary a copy

of any declaration on oath furnished under sub-rule (2), and to

invite the member of the kindred professions or the medical

auxiliary to submit to the Board, within such date as the Chairman

shall determine, any explanation which the the member of the

kindred professions or the medical auxiliary may have to offer; and

every such explanation shall be in writing and shall reach the

secretary within the time fixed by the Chairman

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

information relates to conduct, if it does not appear to the Chairman

that a question arises whether the said conduct constitutes infamous

conduct in a professional respect, he shall direct the secretary to

refer such complaint or information to the Board either to decide

that the complaint or information need not proceed further or to

direct the secretary to notify the member of the kindred professions

or the medical auxiliary in accordance with the provisions of this

rule.

(4) Subject to the foregoing provisions of this rule, the

Chairman shall direct the secretary to refer for inquiry a complaint

or information to the Board together with any explanation then

furnished by the member of the kindred professions or the medical

auxiliary and any declarations on oath furnished under sub-rule (2).

(5) In this rule 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.

(1) As soon as may be after a complaint or information has

been referred to the Board under the foregoing provisions and

unless the Board is fully satisfied with the written explanation of

the member of the kindred professions or of the medical auxiliary,

the secretary shall serve on the member of the kindred professions

or the medical auxiliary a notice (in these rules referred to as a

"notice of inquiry") which shall -

(a) specify, in the form of a charge or charges, the matters

into which the inquiry is to be held; and

(b) state the day, time and place at which the inquiry is to

be held.

(2) The inquiry shall not be fixed for any date earlier than eight

days after the date of the notice of inquiry.

(3) A notice of inquiry shall be in the form set out in Form A

contained in the Schedule, with such variations as circumstances

may require.

(4) There shall be sent with any notice of inquiry a copy of

these rules.

(5) In any case where there is a complainant, a copy of the

notice of inquiry shall be sent to him.

The Chairman shall appoint the day and time for the

holding of an inquiry under the Act.

(1) Where before the hearing of an inquiry it appears to the

Chairman, or at any stage of the hearing it appears to the Board that

a notice of inquiry is defective, the Chairman or the Board, as the

case may be, shall give directions for the amendment of the notice

as he or it may think necessary unless, having regard to the merits

of the case, the required amendments cannot be made without

injustice.

(2)

Where in the opinion of the Chairman or of the Board it is

expedient, in consequence of the exercise by him or it of the

powers conferred by sub-rule (1), that the inquiry should be

postponed or adjourned, the Chairman or the Board, as the case

m ay be, shall g ive such d irectio ns in t hat behalf as appear

necessary.

Proceedings before the Board shall be held in public; the

Board may, however, when it considers it expedient, order that the

proceedings be held in private.

(1) Any member of the Board and the secretary 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 secretary of the charge or charges to

the member of the kindred professions or to the medical auxiliary.

(3) The Board shall decide the objection previously to the

reading out of the said charge or charges and its decision shall be

final.

(1) Any party to the proceedings before the Board may be

assisted by an advocate or legal procurator. The member of the

kindred professions or the medical auxiliary may likewise be

assisted by a member of his profession, whose name appears in the

appropriate register.

(2) The Chairman shall bring the provisions of this rule to the

notice of any party to the proceedings appearing before the Board

without any such assistance.

The proceedings on the inquiry shall commence with the

reading out by the secretary of the charge. Thereupon the Chairman

shall put to the member of the kindred professions or the medical

auxiliary the question whether he admits or refutes the charge.

(1) If the accused admits the charge or charges the Board

may, in its discretion, dispense with the production of witnesses

and proceed to give its decision on that day or on any other day

appointed for the purpose.

(2) If the accused refutes the charge or charges the Board shall

proceed with the inquiry.

(3) If the accused fails to attend without just cause and the

Board is satisfied that a notice of inquiry was sent as required by

these rules, the Board may, if it thinks fit, proceed with the inquiry

even in his absence.

The proceedings on an inquiry shall be as follows

(a) Witnesses in support of the charge shall be produced

and examined by the party producing them or in his

absence by the Board and cross-examined by the

accused; thereafter any member of the Board shall be

at liberty to put questions as he may deem necessary.

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

accused 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 accused and cross-examined by any

other party to the proceedings; thereafter any member

of the Board shall be at liberty to put questions as he

may deem necessary.

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

the accused shall, personally or through the person by

whom he is assisted, address the Board and make his

defence.

(d) The Board shall then give its decision on that day or on

any other day appointed for the purpose.

(e) The Board 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.

In all cases where the Board is satisfied that the charge has

not been proved, the Board shall decide accordingly and it shall

record a finding that the charge has not been proved and that the

accused is not guilty in respect of the matters to which the charge

relates.

(1) The decisions of the Board shall be given in public and

in writing; they shall be signed by the Chairman.

(2) The original shall be kept with the secretary, together with

the complete record of the inquiry.

Where under any of the foregoing provisions of these

Rules 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 of the Board who were present at the

former meeting were not present at the later meeting or that

members of the Board who were present at the later meeting were

not present at the former meeting.

The secretary shall serve without delay on the member of

the kindred professions or the medical auxiliary a copy of the

decision of the Board.

Notice to any person to appear before the Board to give

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

in Form B contained in the Schedule.

Every notice referred to in these rules shall be signed by

the Chairman and served in accordance with the provisions of

article 36 of the Act

Provided that any notice issued under rule 18 shall be

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

The members of the Board and the secretary shall not

divulge anything discussed by the Board in the course of an

inquiry.

Subject as otherwise expressly provided, the Board shall

maintain good order and regulate the discussions and its own

procedure.