Section 41
Referral to Complaints Committee
of Medical Registration Act 1997
(1)
Where any complaint or information mentioned in section 39(1)(a), (b) or (c) is made or referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must lay the complaint or information before a Complaints Committee.
(2)
Where any information mentioned in section 39(1)(d) is referred by the Medical Council to the chairman of the Complaints Panel, the chairman of the Complaints Panel must —
if he is satisfied, based on any evidence given in support of the information, that a formal inquiry is necessary to determine the physical or mental fitness of the registered medical practitioner to practise, refer the information to a Health Committee; or
in any other case, lay the information before a Complaints Committee.