Medical Council (Legal Assessor) Rules

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Medical Registration Act

(Chapter 174, Section 17)

Medical Council (Legal Assessor) Rules

R 1

G.N. No. S 156/1955

REVISED EDITION 1990

(25th March 1992)

[3rd June 1955]

Citation

1. These Rules may be cited as the Medical Council (Legal Assessor) Rules.

Definitions

2. In these Rules —

“Council” means the Medical Council of Singapore;

“Legal Assessor” means an assessor appointed under section 17 of the Medical Registration Act.

Duty of Legal Assessor

3. It shall be the duty of the Legal Assessor to be present at all proceedings before the Council, and to advise the Council on questions of law arising therein which may be referred to him by the Council.

Irregularities in proceedings

4. It shall be the duty of the Legal Assessor to inform the Council forthwith of any irregularity in the conduct of proceedings before the Council which may come to his knowledge and to advise them of his own motion where it appears to him that, but for such advice, there is a possibility of a mistake of law being made.

Advice of Legal Assessor to be tendered in presence of all parties

5. The advice of the Legal Assessor shall be tendered to the Council in the presence of every party, or person representing a party, to the proceedings who appears thereat:

Provided that if, in the case of any question referred by the Council to the Legal Assessor after the Council has begun to deliberate as to its findings, the Council considers that it would be prejudicial to the discharge of its duties for the advice to be tendered in the presence of the parties or their representatives, it may be tendered in their absence, but the Legal Assessor shall, as soon as may be, personally inform them of the question which has been put to him by the Council and of his advice thereon, and his advice shall subsequently be put in writing and a copy thereof shall be given to every such party or representative.

Refusal of Council to accept advice of Legal Assessor

6. If on any occasion the Council does not accept the advice of the Legal Assessor, a record shall be made of the question referred to him, of the advice given and of the refusal to accept it (together with the reasons for the refusal), and a copy of the record shall be given to every party, or person representing a party, to the proceedings who appears thereat.

Copies

7. Copies of written advice, made for the purposes of rule 5 or 6, shall be available on application to every party to the proceedings who does not appear thereat.

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