L.S. 458.07(R) Regoli tal-Bord Konsultattiv u Eżekuttiv dwar il-Proċedura biex jitħassru l-Ismijiet Imħassrin bl-Avviż Legali 249 tal-2025

(1); "medical auxiliary" means physiotherapist, chiropodist, dietitian, medical laboratory technician, occupational therapist, radiographer, rem edial gymnast, speech therapist, m asseur and masseuse registered under the Act, and references to the medical auxiliary in relation to any complaint or information or to any proceedings, are to be construed as references to the medical auxiliary against whom a complaint or information is sent to the Board; "Board" means the Advisory and Executive Board established by the Department of Health (Constitution) Ordinance; Cap. 94. "Chairman" means the Chairman of the Advisory and Executive Board and includes, in the case of absence of the Chairman from a meeting of the Board, the Chairman of that meeting; "member of the kindred professions" means midwife, registered nurse or enrolled nurse, registered or enrolled, as the case may be, under the Act, and references to member of the kindred professions in relation to any complaint or information or to any proceedings, are to be construed as references to the member of the kindred professions against whom a complaint or information is sent to the Board; "appropriate register" means the appropriate register for the purposes of the Act; "secretary" means the secretary of the Advisory and Executive Board appointed in accordance with the provisions of article 24

(4)of the Department of Health (Constitution) Ordinance.

1. No direction shall be given under the Act except in consequence of an inquiry held in accordance with the provisions of these rules into the charge or charges formulated in a notice of inquiry served in accordance with the said provisions of these rules on the person against whom the charge is made. *These Rules have been repealed by Legal Notice 249 of
2. Cap.
3. Directions under the Act. 1 2 Complaints and information. Amended by: XLIX. 1981.
4. Cap.
5. ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) [ S.L.458.07 4.

(1)Where - (

1. a)a complaint in writing that a member of the kindred professions or a medical auxiliary has been convicted by any court in these Islands of any crime punishable by imprisonment for any term exceeding one year or of any of the crimes mentioned in articles 198 to 209 of the Criminal Code is sent to the Board by any body or person, or information in writing that a member of the kindred professions or a medical auxiliary has been so convicted is sent to the Board by a person acting in a public capacity; or (
2. b)a complaint in writing on the conduct of a member of the kindred professions or a medical auxiliary has been sent to the Board by any body or person, or information in writing as to the conduct of a member of the kindred professions or of a medical auxiliary has been sent to the Board by a person acting in a public capacity; or (
3. c)a complaint in writing that a member of the kindred professions or a medical auxiliary is unfit to continue to practise his profession on grounds of infirmity is sent to the Board by any body or person, or information in writing as to the fitness of a member of the kindred professions or of a medical auxiliary to continue to practise his profession on the grounds aforesaid is sent to the Board by a person acting in a public capacity, the secretary shall submit the complaint or information to the Chairman.

(2)In so far as a complaint relates to conduct or unfitness on grounds of infirmity, it shall not proceed further unless and until it has been confirmed by means of a declaration on oath; and every such declaration (

1. a)shall state the address and description of the declarant, and (
2. b)if any fact declared is not within the personal knowledge of the declarant, shall state the source of the declarant’s information and the grounds for his belief in the truth of the fact.

(3)Subject to the provisions of sub-rule

(2), the Chairman shall direct the secretary to notify the member of the kindred professions o r t h e m e di c a l aux i li a r y o f t he r e c e i pt o f t h e com p l a in t o r information, stating the substance thereof and sending to the member of the kindred professions or the medical auxiliary a copy of any declaration on oath furnished under sub-rule

(2), and to invite the member of the kindred professions or the medical auxiliary to submit to the Board, within such date as the Chairman shall determine, any explanation which the the member of the kindred professions or the medical auxiliary may have to offer; and every such explanation shall be in writing and shall reach the secretary within the time fixed by the Chairman: ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) [ S.L.458.07 3 Provided, however, that in so far as a complaint or information relates to conduct, if it does not appear to the Chairman that a question arises whether the said conduct constitutes infamous conduct in a professional respect, he shall direct the secretary to refer such complaint or information to the Board either to decide that the complaint or information need not proceed further or to direct the secretary to notify the member of the kindred professions or the medical auxiliary in accordance with the provisions of this rule.

(4)Subject to the foregoing provisions of this rule, the Chairman shall direct the secretary to refer for inquiry a complaint or information to the Board together with any explanation then furnished by the member of the kindred professions or the medical auxiliary and any declarations on oath furnished under sub-rule

(2).

(5)In this rule the expression "person acting in a public capacity" means an officer of a government department or public authority acting as such, or any person holding judicial office or any officer attached to a court. 5.

(1)As soon as may be after a complaint or information has been referred to the Board under the foregoing provisions and unless the Board is fully satisfied with the written explanation of the member of the kindred professions or of the medical auxiliary, the secretary shall serve on the member of the kindred professions or the medical auxiliary a notice (in these rules referred to as a "notice of inquiry") which shall - Notice of inquiry. (a) specify, in the form of a charge or charges, the matters into which the inquiry is to be held; and (b) state the day, time and place at which the inquiry is to be held.

(2)The inquiry shall not be fixed for any date earlier than eight days after the date of the notice of inquiry.

(3)A notice of inquiry shall be in the form set out in Form A contained in the Schedule, with such variations as circumstances may require.

(4)There shall be sent with any notice of inquiry a copy of these rules.

(5)In any case where there is a complainant, a copy of the notice of inquiry shall be sent to him. 6. The Chairman shall appoint the day and time for the holding of an inquiry under the Act. Day and time of inquiry. 7.

(1)Where before the hearing of an inquiry it appears to the Chairman, or at any stage of the hearing it appears to the Board that a notice of inquiry is defective, the Chairman or the Board, as the case may be, shall give directions for the amendment of the notice as he or it may think necessary unless, having regard to the merits of the case, the required amendments cannot be made without injustice. Defective notice.

(2)Where in the opinion of the Chairman or of the Board it is 4 [ S.L.458.07 ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) expedient, in consequence of the exercise by him or it of the powers conferred by sub-rule

(1), that the inquiry should be postponed or adjourned, the Chairman or the Board, as the case m ay be, shall g ive such d irectio ns in t hat behalf as appear necessary. Public proceedings. 8. Proceedings before the Board shall be held in public; the Board may, however, when it considers it expedient, order that the proceedings be held in private. Abstention or challenge. 9.

(1)Any member of the Board and the secretary shall abstain from taking part in any inquiry or may be challenged in any of the circumstances in which a judge would abstain or can be challenged in accordance with the provisions of article 734 of the Code of Organization and Civil Procedure. Cap. 12.

(2)Any such challenge shall not be admissible unless made before the reading out by the secretary of the charge or charges to the member of the kindred professions or to the medical auxiliary.

(3)The Board shall decide the objection previously to the reading out of the said charge or charges and its decision shall be final. Legal and other assistance. 10.

(1)Any party to the proceedings before the Board may be assisted by an advocate or legal procurator. The member of the kindred professions or the medical auxiliary may likewise be assisted by a member of his profession, whose name appears in the appropriate register.

(2)The Chairman shall bring the provisions of this rule to the notice of any party to the proceedings appearing before the Board without any such assistance. Reading of charge. 11. The proceedings on the inquiry shall commence with the reading out by the secretary of the charge. Thereupon the Chairman shall put to the member of the kindred professions or the medical auxiliary the question whether he admits or refutes the charge. Admission or refutation. 12.

(1)If the accused admits the charge or charges the Board may, in its discretion, dispense with the production of witnesses and proceed to give its decision on that day or on any other day appointed for the purpose.

(2)If the accused refutes the charge or charges the Board shall proceed with the inquiry.

(3)If the accused fails to attend without just cause and the Board is satisfied that a notice of inquiry was sent as required by these rules, the Board may, if it thinks fit, proceed with the inquiry even in his absence. Proceedings. 13. The proceedings on an inquiry shall be as follows: (

1. a)Witnesses in support of the charge shall be produced and examined by the party producing them or in his absence by the Board and cross-examined by the accused; thereafter any member of the Board shall be at liberty to put questions as he may deem necessary. ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) [ S.L.458.07 5 (
2. b)Witnesses in defence shall be heard and in case the accused wishes to give his evidence, he may do so provided his evidence be given before that of any witness to be produced by him. Witnesses shall be examined by the accused and cross-examined by any other party to the proceedings; thereafter any member of the Board shall be at liberty to put questions as he may deem necessary. (
3. c)When the whole of the evidence has been concluded, the accused shall, personally or through the person by whom he is assisted, address the Board and make his defence. (
4. d)The Board shall then give its decision on that day or on any other day appointed for the purpose. (
5. e)The Board shall not be debarred at any stage of the proceedings until the decision is given from rehearing any witness or requesting the production of any documents. 14. In all cases where the Board is satisfied that the charge has not been proved, the Board shall decide accordingly and it shall record a finding that the charge has not been proved and that the accused is not guilty in respect of the matters to which the charge relates. Charge not proved. 15.

(1)The decisions of the Board shall be given in public and in writing; they shall be signed by the Chairman. Decisions public and in writing.

(2)The original shall be kept with the secretary, together with the complete record of the inquiry.

1. Where under any of the foregoing provisions of these Rules the inquiry stands postponed to a future meeting, the validity of the proceedings at that meeting shall not be called into question by reason only that members of the Board who were present at the former meeting were not present at the later meeting or that members of the Board who were present at the later meeting were not present at the former meeting. Validity of proceedings.
2. The secretary shall serve without delay on the member of the kindred professions or the medical auxiliary a copy of the decision of the Board. Copy of decision.
3. Notice to any person to appear before the Board to give evidence and/or to produce documents shall be in the form set out in Form B contained in the Schedule. Form of summons to give evidence.
4. Every notice referred to in these rules shall be signed by the Chairman and served in accordance with the provisions of article 36 of the Act: Signing and serving of notices. Provided that any notice issued under rule 18 shall be served in accordance with the provisions of article 37 of the Act.
5. The members of the Board and the secretary shall not divulge anything discussed by the Board in the course of an inquiry. Confidential discussions. 6 [ S.L.458.07 Other proceedings. ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE)
6. Subject as otherwise expressly provided, the Board shall maintain good order and regulate the discussions and its own procedure. ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) [ S.L.458.07 SCHEDULE [Rules 5

(3), 18] FORM A Rule 5

(3)ADVISORY AND EXECUTIVE BOARD Notice of Inquiry To ..................................... .......................................... I hereby give you notice that the Advisory and Executive Board has ordered an inquiry to consider and judge the charge imputed to you, namely .................................................. You are hereby informed that the first sitting of the said inquiry will be held on ............... the .................19 ............. at ... at ........................ A copy of the Advisory and Executive Board (Erasure of Names Procedure) Rules is enclosed for your guidance. You are warned that failure on your part to appear without giving a reasonable explanation for your absence would not debar the Advisory and Executive Board from proceeding with the inquiry even in your absence. Date ............................. Chairman, Advisory and Executive Board 7 8 [ S.L.458.07 ADVISORY AND EXECUTIVE BOARD (ERASURE OF NAMES PROCEDURE) FORM B (Rule 18) ADVISORY AND EXECUTIVE BOARD Notice to a person to give evidence and/or to produce Documents, etc. To .................................... You are hereby required to attend before the Advisory and Executive Board on ................. the ................19 ...... at ............. at ........................ and so on any other day to which the hearing may be put off, to give evidence and/or to produce the following documents ........................... in the matter of an inquiry held against .......................................... You are warned that failure to attend as hereby required will expose you to sanctions prescribed by law. Date ................................. Chairman, Advisory and Executive Board