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Amendment of section 57 of Act of 2011
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162. Section 57 of the Act of 2011 is amended—
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(a) in subsection (1), by the insertion of “and the investigation report and any other information from the chief executive officer” after “receiving a complaint”,
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(b) in subsection (2) —
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(i) by the substitution of “the investigation of the complaint and the investigation report and other information as it considers” for “its investigation of the complaint as it considers”, and
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(ii) by the substitution of “57A to 63” for “58 to 63”,
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(c) by the deletion of subsections (4) to (9),
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(d) by the insertion of the following subsections after subsection (10):
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“(10A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion.
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(10B) Where the chief executive officer is advised under subsection (10A), he or she shall—
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(a) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or
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(b) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee,
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or both if so required by that advisement.”,
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(e) in subsection (11), by the deletion of “, with the Board’s agreement”, and
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(f) in subsection (12), by the insertion of “and the other provisions of section 64 (including subsections (4) to (6)) shall, with all necessary modifications, be construed accordingly” after “chairperson of the Fitness to Practise Committee”.
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