Part 3 Functions and Powers of the Panel

1. The functions and powers of the Panel shall be:

(1) To receive all written complaints alleging any breach by a member of the mandatory standards of professional conduct set out in Part 2 of the Code.

(2) To decide whether such complaints disclose a prima facie case to answer under the provisions of Part 2 of the Code in respect of the member about whom a complaint is made (hereinafter referred to as the “Respondent”).

(3) To adjudicate on such complaints as the Panel has decided constitute a prima facie case for the Respondent to answer and when appropriate to impose such disciplinary action on the Respondent and to make such directions in respect of the payment of costs (whether by the Complainant or Respondent) as may seem appropriate and are specified in Part 5 of the Code.

(4) To report and account to the BoG in accordance with the provisions of the Code.

Part 4 Procedure Where Complaint Is Made Against A Member

1. (1) For the purposes of this Part of the Code a complaint against a member alleging a breach of Part 2 of this Code may be initiated only by a patient of that member or a member of The College (hereinafter referred to as the “Complainant”).

(2) Any such complaint against a member shall be made in writing and addressed to The College generally or to the President or Secretary of The College who shall without delay forward a copy of such written complaint to the Chair of the Panel and to the person about whom the complaint has been made.

(3) No such complaint may be made in respect of events which occurred more than three years prior to the complaint being received by The College.

2. (1) The Chair of the Panel shall within 14 days of the receipt of any complaint refer the same to the Panel which shall determine whether there is a prima facie case to answer in respect of the said complaint and shall immediately after such determination inform in writing the Chair of The College of such decision.

(2) Any such determination that there is a prima facie case to answer in respect of a complaint shall be either unanimous or by a majority.