ADVISORY AND EXECUTIVE BOARD 
(ERASURE OF NAMES PROCEDURE) g S.L.458.07 1
SUBSIDIARY LEGISLATION 458.07
ADVISORY AND EXECUTIVE BOARD (ERASURE 
OF NAMES PROCEDURE) RULES
18th December, 1959
LEGAL NOTICE 86 of 1959, as amended by: Legal Notice 90 of 1968
and Act XLIX of 1981.
Title.
Board (Erasure of Names Procedure) Rules.
Interpretation.
Amended by:
L.N. 90 of 1968.
Cap. 464.
2. In these rules -
"the Act" means the Health Care Professions Act;
"charge" means a charge specified in a notice of inquiry;
"notice of inquiry" has the meaning assigned to it by rule 5(1);
"medical auxiliary" means physiotherapist, chiropodist, dietitian,
medical laboratory technician, occupational therapist, radiographer,
remedial gymnast, speech therapist, masseur 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;
Cap. 94.
"Board" means the Advisory and Executive Board established by
the Department of Health (Constitution) Ordinance;
"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;
Cap. 94.
"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.
Directions under 
the Act.
3. 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.
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ADVISORY AND EXECUTIVE BOARD 
(ERASURE OF NAMES PROCEDURE)
Complaints and 
information.
Amended by:
XLIX. 1981.4.
Cap. 9.
4. (1) Where -
( 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 
( 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
( 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 -
( a ) shall state the address and description of the declarant,
and
( 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
or the medical auxiliary of the receipt of the complaint or
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) g 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.
Notice of inquiry.
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 -
( 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.
Day and time of 
inquiry.
6. The Chairman shall appoint the day and time for the
holding of an inquiry under the Act.
Defective notice.
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.
(2) Where in the opinion of the Chairman or of the Board it is
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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
may be, shall give such directions in that 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.
Cap. 12.
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.
(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:
( 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) g S.L.458.07 5
( 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.
( 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.
( d ) The Board shall then give its decision on that day or on
any other day appointed for the purpose.
( 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.
Charge not proved.
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.
Decisions public 
and in writing.
15. (1) The decisions of the Board shall be given in public and
in writing; they shall be signed by the Chairman. 
(2) The original shall be kept with the secretary, together with
the complete record of the inquiry.
Validity of 
proceedings.
16. 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.
Copy of decision.
the kindred professions or the medical auxiliary a copy of the
decision of the Board.
Form of summons 
to give evidence.
18. 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.
Signing and 
serving of notices.
19. 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:
Provided that any notice issued under rule 18 shall be
served in accordance with the provisions of article 37 of the Act.
Confidential 
discussions.
20. The members of the Board and the secretary shall not
divulge anything discussed by the Board in the course of an
inquiry.
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ADVISORY AND EXECUTIVE BOARD 
(ERASURE OF NAMES PROCEDURE)
Other proceedings. 21. 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) g S.L.458.07 7
SCHEDULE
gRules 5 (3), 18h
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.
Chairman, 
Date ............................. Advisory and Executive Board
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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.
Chairman, 
Date ................................. Advisory and Executive Board
