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Chapter: | 162C
 | Title: | MIDWIVES (REGISTRATION AND DISCIPLINARY PROCEDURE) REGULATION | Gazette Number: | L.N. 315 of 1999 |
| Section: | 12 | Heading: | Preliminary Investigation Committee | Version Date: | 01/01/2000 |
(1) For the purpose of making a preliminary investigation of complaints or information regarding a registered midwife or an applicant for registration, and for the purpose of determining whether or not an inquiry shall be held under the Ordinance, there is established by this Regulation a committee known as the Preliminary Investigation Committee.
(2) The Committee shall consist of 4 members appointed by the Council.
(3) The members are to comprise 2 registered midwives and 2 persons who are not midwives, and 2 of the members shall be members of the Council.
(4) The Council shall appoint one of the members, who is also a member of the Council, as the chairman of the Committee.
(5) If the Council has made any of the orders referred to in section 10(1)(i) to (iv) of the Ordinance against any registered midwife, the registered midwife who is the subject of the order shall not be eligible for appointment to the Committee.
(6) Subject to subsections (9), (10), (11) and (12), a member who is also a member of the Council shall hold office for a period of 12 months or until he or she ceases to be a member of the Council (whichever is earlier), and shall be eligible for re-appointment from time to time.
(7) Subject to subsections (8), (9), (10), (11) and (12), a Committee member who is not a member of the Council shall hold office for a period of 12 months, and shall be eligible for re-appointment from time to time.
(8) A Committee member who is not a Council member shall cease to be a member of the Committee upon his or her becoming a member of the Council.
(9) If for any reason a member of the Committee is or will be temporarily unable to perform his or her functions as a member of the Committee, another person satisfying the same criteria as applied to the appointment of that member may be appointed by the Council, as a temporary member, to act in the place of that member, during the period for which that member is or will be unable to exercise his or her functions.
(10) If at the time the Committee is considering a complaint or information under this Regulation-
- (a) the membership of a person appointed under subsection (2) terminates by virtue of subsection (6), (7) or (8); or
(b) the temporary membership of a person appointed under subsection (9) terminates,
(11) Subject to subsection (12), a person appointed as a member of the Committee, including a temporary member referred to in subsection (9), may at any time by giving notice in writing to the secretary resign as such member.
(12) If the Committee is considering a complaint or information at the time a member of the Committee gives notice to the secretary on the member's resignation, notwithstanding the giving of that notice, the member may be required to continue to be a member of the Committee for the purposes of the consideration of such complaint or information, but for no other purpose, until the Committee has discharged its functions in respect of the complaint or information.
(13) If a member of the Committee has attended any meeting of the Committee relating to a complaint or information, that member shall not attend any meeting of the Council, as a member of the Council, relating to such complaint or information.
(14) The Committee shall meet from time to time as the chairman of the Committee may direct.
(15) The chairman of the Committee may at any time adjourn any meeting of the Committee.