Clause 19

by inserting, immediately after subsection (1), the following subsection:“(1A) The Medical Council may, on its own motion, refer any information on the conviction of a registered medical practitioner of any offence implying a defect in character which makes him unfit for his profession to the Chairman of the Complaints Panel.”; (b)by deleting the words “section 54 or 56” in the 3rd line of subsection (2) and substituting the words “section 54, 54A or 56”; (c)by inserting, immediately after the words “subsection (1)” in the penultimate line of subsection (2) and in the last line of subsection (4), the words “or (1A)”;

by deleting paragraphs (b) and (c) of subsection (4) and substituting the following paragraph:“(b)2 members of the Complaints Panel who are registered medical practitioners, and at least one of whom is not a member of the Medical Council; and”;

by deleting the words “subsection (1)” in subsection (6) and substituting the words “subsection (1)(a) or (b) or (1A)”;

by inserting, immediately after subsection (6), the following subsection:“(6A) Where any complaint or information mentioned in subsection (1)(c) is referred to the Chairman of the Complaints Panel, the Chairman of the Complaints Panel shall —

if he is satisfied, based on any information given in support of the complaint or information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered medical practitioner to practise, refer the complaint or information to the Health Committee; or

in any other case, lay the complaint or information before a Complaints Committee.”;

by deleting subsection (14) and substituting the following subsection:“(14) A Complaints Committee shall inquire into the complaint or information, or any information or evidence referred to in subsection (21A), and complete its preliminary inquiry not later than 3 months from —

the date the complaint or information is laid before the Complaints Committee; or (b)the date the information or evidence referred to in subsection (21A) is received by the Complaints Committee,as the case may be.”; and

by inserting, immediately after subsection (21), the following subsections:“(21A) Where, in the course of its inquiry, a Complaints Committee receives information touching on or evidence of the conduct or physical or mental fitness of the registered medical practitioner concerned which may give rise to proceedings under this Part, the Complaints Committee may, after giving notice to him, decide on its own motion to inquire into that matter.(21B) Where the complainant withdraws his complaint before —

it is referred to a Complaints Committee or the Health Committee under this section; or (b)the conclusion of the inquiry of a Complaints Committee or Disciplinary Committee before which it is laid, or of the Health Committee,the Medical Council may, notwithstanding such withdrawal, direct that an inquiry be conducted into the complaint or the inquiry into the complaint be continued, and the Chairman of the Complaints Panel, the Complaints Committee, the Disciplinary Committee or the Health Committee, as the case may be, shall comply with such direction as if the complaint had been made by the Medical Council.”.