Singapore legislation
Clause 43
Clause 43
Assessment of disciplinary case for referral to Registrar despite limitation period
(1)
If the applicable period mentioned in section 42(1) or (2) has expired for a disciplinary case, the Council must refer the disciplinary case to a member of the Council appointed by the Council (called in this section the appointed member) for an assessment mentioned in subsection (3).
(2)
The referral under subsection (1) must be made —
for a disciplinary case mentioned in section 42(1) — within 2 weeks after the Council receives the disciplinary case; or
for a disciplinary case mentioned in section 42(2) — as soon as practicable.
(3)
The appointed member who is referred a disciplinary case under subsection (1) must, within 3 weeks after the referral, inform the Council of his or her assessment whether it is in the public interest for the disciplinary case to be referred to the Registrar despite the expiry of the applicable period mentioned in section 42(1) or (2).
(4)
If the appointed member informs the Council that he or she is of the opinion that it is in the public interest to refer the disciplinary case to the Registrar, the Council must, within 2 weeks after receipt of the appointed member’s assessment, refer the disciplinary case to the Registrar under section 41(1) or (3), as the case may be.
(5)
The appointed person must not be —
the Registrar;
if the disciplinary case is intended to be brought by the Council — any member of the Council who participated in (or is or will be participating in) or influenced (or is or will be influencing) the Council’s decision to bring the disciplinary case under section 41(3); or
if section 75(1) applies to the disciplinary case — any member of the Council who participated in (or is or will be participating in) or influenced (or is or will be influencing) the Council’s decision to refer the disciplinary case under section 41(3) to the Registrar for review despite the withdrawal of the disciplinary case.