Singapore legislation
Clause 75
Clause 75
Withdrawal of disciplinary case
(1)
If a complainant (other than the Council) withdraws a disciplinary case, the Council may within 3 months after the date of the withdrawal, despite the withdrawal —
if the disciplinary case is withdrawn before the Council refers it under section 41(1) to the Registrar — subject to sections 42 and 43, refer the disciplinary case under section 41(3) (as if the Council were the complainant) to the Registrar for review;
if the disciplinary case is withdrawn before the Registrar reports his or her findings and makes his or her recommendations to the Council under section 45 — direct the Registrar to continue the review of the disciplinary case under section 44 and report the findings and make the recommendations to the Council under section 45;
if the disciplinary case is withdrawn before the Council refers it to a Complaints Assessment Committee or Disciplinary Committee under section 46(1) — refer the disciplinary case to a Complaints Assessment Committee or Disciplinary Committee for an inquiry or a formal inquiry (respectively) under that section;
if the disciplinary case is withdrawn before a Complaints Assessment Committee reports its findings and makes its recommendations to the Council under section 50 — direct the Complaints Assessment Committee to continue the inquiry into the disciplinary case, and report its findings and make its recommendations to the Council under that section;
if the disciplinary case is withdrawn before the Council takes any action under section 51(1) or (4) or 52(4), (5) or (7) in the disciplinary case — take action under that provision in the disciplinary case; or
if the disciplinary case is withdrawn before a Disciplinary Committee makes an order under section 56(2) in the disciplinary case — direct the Disciplinary Committee to continue the formal inquiry into the disciplinary case.
(2)
If the Council refers a disciplinary case, or gives a direction for the disciplinary case, under subsection (1) to the Registrar, a Complaints Assessment Committee or a Disciplinary Committee, the Registrar, Complaints Assessment Committee or Disciplinary Committee (as the case may be) must comply with the referral or direction, and the disciplinary case must be continued under this Act, as if the disciplinary case had been brought by the Council.
(3)
If a complainant (not being the Council) withdraws a disciplinary case after the disciplinary case is referred to an Interim Orders Committee, and the Council makes a referral, takes an action or gives a direction under subsection (1) for the disciplinary case, the Interim Orders Committee must continue its inquiry or review in respect of the disciplinary case as if the disciplinary case had been brought by the Council.
(4)
The following members of the Council must not participate in or influence the decision of the Council under subsection (1) for a disciplinary case:
the Registrar;
if the disciplinary case is brought after the expiry of the applicable period mentioned in section 42(1) or (2) — the appointed member mentioned in section 43 for the disciplinary case;
if the disciplinary case has been referred to a Disciplinary Committee before it is withdrawn by the complainant — a member of the Disciplinary Committee;
if the disciplinary case has been referred to an Interim Orders Committee before it is withdrawn by the complainant — a member of the Interim Orders Committee;
an investigator appointed to investigate the disciplinary case.
(5)
To avoid doubt, a member of the Council (not being a member mentioned in subsection (4)) who participated in or influenced any other decision of the Council on the disciplinary case under this Part is not, by reason only of such participation or influence, disqualified from participating in or influencing the Council’s decision under subsection (1).