s 48 Withdrawal of matter
48.—(1) If a complainant withdraws the matter at any time — (a) before an Inquiry Committee is appointed to inquire into the matter; (b) after an Inquiry Committee is appointed but before the Inquiry Committee takes any action under section 43(3); (c) before a Complaints Committee is appointed to inquire into the matter; or (d) after a Complaints Committee is appointed but before the Complaints Committee takes any action under section 46(1) or (2), the Medical Council may, despite the withdrawal, give directions to — (e) in the case mentioned in paragraph (a) or (c) — the chairman of the Complaints Panel; (f) in the case mentioned in paragraph (b) — the Inquiry Committee; or (g) in the case mentioned in paragraph (d) — the Complaints Committee, for the continuation of the inquiry as if the matter were not withdrawn. (2) Where the Medical Council gives directions under subsection (1) to the chairman of the Complaints Panel, an Inquiry Committee or a Complaints Committee, the chairman, the Inquiry Committee and the Complaints Committee (as the case may be) must comply with the direction as if the matter had been a complaint made by the Medical Council. (3) The Medical Council may do any of the following in relation to a matter despite the withdrawal of the matter by the complainant: (a) refer the matter to the President of the Disciplinary Commission for the appointment of a Disciplinary Tribunal under section 40(7); (b) refer the matter to a Health Committee under section 46(5); (c) proceed under section 46(6)(b) and section 46(7) or (8). (4) If a complainant withdraws the matter before the conclusion of the inquiry into the matter by a Disciplinary Tribunal or a Health Committee, the Medical Council may inform the Disciplinary Tribunal or Health Committee (as the case may be) to continue the inquiry despite the withdrawal, and all the future proceedings arising or following from the direction are to be taken as if the matter had been a complaint made by the Medical Council. [Act 34 of 2020 wef 01/07/2022]