Duncan Webb "Unsatisfactory Conduct" (September 2008) [pdf, 98 KB]
...There has always been a discretion as to whether or not to charge a practitioner with misconduct. Under the 1982 Act a charge would be laid only where it was considered that “the case is of sufficient gravity to warrant the making of a charge” (s 101(2)). That provision has not found its way into the 2006 Act. However, s 152 (in respect of Standards Committees) and s 211 uses discretionary language in stating that the committee “may” make certain determinations, including a determi...