6. The principal Regulations are amended by inserting, immediately after regulation 23, the following regulations:“Disciplinary Committee may alter charge or frame new charge |
23A.—(1) The Disciplinary Committee may alter a charge or frame a new charge, whether in substitution for or in addition to an existing charge, at any time before it makes a finding under section 45(1) of the Act.(2) An altered charge or a new charge must be read and explained to the practitioner. |
(3) If a charge is altered or a new charge is framed under paragraph (1), the Disciplinary Committee must immediately call on the practitioner to enter his plea and to state whether he is ready for the inquiry to proceed on the altered or new charge. |
(4) If the practitioner declares that he is not ready for the inquiry to proceed on the altered or new charge, the Disciplinary Committee must duly consider any reason he gives. |
(5) Notwithstanding paragraph (4), if the Disciplinary Committee thinks that proceeding immediately with the inquiry is unlikely to prejudice the practitioner’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Committee may proceed with the inquiry. |
(6) If, after considering any reason given by the practitioner under paragraph (4), the Disciplinary Committee thinks that proceeding immediately with the inquiry is likely to prejudice the practitioner’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Committee may direct a new inquiry or adjourn the inquiry for as long as it thinks necessary. |
(7) If a charge is altered or a new charge is framed by the Disciplinary Committee after the start of an inquiry, the Council’s solicitor and the practitioner must, on application to the Disciplinary Committee by either party, be allowed to recall or re-summon and examine any witness who may have been examined, with respect to the altered or new charge only, unless the Disciplinary Committee thinks that the application is frivolous or vexatious, or is otherwise an abuse of process. |
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Joining of similar disciplinary offences and inquiry for more than one disciplinary offence |
23B.—(1) When a practitioner is alleged to have committed 2 or more disciplinary offences, a single inquiry into any number of those disciplinary offences may be held if the disciplinary offences form or are a part of a series of disciplinary offences of the same or a similar character.(2) If, in one series of acts or omissions so connected as to form the same transaction, 2 or more disciplinary offences are committed by the same practitioner, then a single inquiry into every such disciplinary offence may be held. |
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Inquiries against 2 or more practitioners |
23C. A joint inquiry or separate inquiries may be held against —(a) | 2 or more practitioners alleged to have committed the same disciplinary offence in the same transaction; | (b) | 2 or more practitioners alleged to have committed different disciplinary offences in the same transaction; | (c) | 2 or more practitioners alleged to have committed 2 or more disciplinary offences which form or are a part of a series of disciplinary offences of the same or a similar character; | (d) | 2 or more practitioners alleged to have committed 2 or more disciplinary offences, if all of those offences arise from the same series of acts or omissions, whether or not they form the same transaction; or | (e) | one or more practitioners alleged to have committed a disciplinary offence and one or more practitioners alleged to have abetted or attempted to commit that disciplinary offence. |
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Single or joint inquiries with consent |
23D.—(1) A Disciplinary Committee may inquire into 2 or more disciplinary offences together at a single inquiry or order a joint inquiry, notwithstanding that it cannot do so by virtue of regulation 23B or 23C, if —(a) | in a case where a practitioner is charged with 2 or more disciplinary offences, the Medical Council and the practitioner consent to have all such disciplinary offences dealt with at the same inquiry; or | (b) | in a case where 2 or more practitioners are charged with separate disciplinary offences, the Medical Council and all such practitioners consent to a joint inquiry. |
(2) Notwithstanding paragraph (1), the Disciplinary Committee shall not hold a single or joint inquiry in relation to a practitioner who had earlier given consent under that paragraph, if —(a) | at the time when the consent was given, the practitioner was not represented by counsel; and | (b) | at the time of the inquiry, that practitioner objects to the Disciplinary Committee holding the single or joint inquiry. |
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Separate inquiry where practitioner is prejudiced |
23E.—(1) Notwithstanding any other provision in these Regulations, a Disciplinary Committee may order, before or at any stage of an inquiry in relation to a practitioner, that a separate inquiry be held into one or more disciplinary offences alleged to have been committed by the practitioner, if the Disciplinary Committee is of the view that the practitioner may be prejudiced or embarrassed in his defence because —(a) | a single inquiry is being held into more than one disciplinary offence under regulation 23B or 23D(1)(a); or | (b) | a joint inquiry is being held under regulation 23C or 23D(1)(b) against the practitioner together with one or more other practitioners.”. |
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