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Bye-law 28(B)

28(B) A Member or Diplomate or Registered Student who:

(a) becomes bankrupt or makes any arrangement or composition with his creditors generally; or

(b) is or may be suffering from mental disorder and either has been or is admitted to hospital in pursuance of an application for treatment under the Mental Health Act 1983 or in respect of whom an order is made by a court having jurisdiction (whether in the United Kingdom or elsewhere) in matters concerning mental disorder for his detention or for the appointment of a receiver curator bonis or other person to exercise powers with respect to his property or affairs;

may, pursuant to a decision of the Competency Committee made in accordance with Regulations from time to time adopted by the Council (or, on appeal, pursuant to a decision of any appeal body established pursuant to such Regulations), either be suspended from membership, diplomate status or registered studentship or cease to be a Member, Diplomate or Registered Student.

Such Regulations shall (inter alia) provide for the following structure:

(i) the Investigations Committee - the Investigations Committee shall consider any case which may require referral to the Competency Committee under Bye-Law 28(B); in any case which may require referral to the Competency Committee under Bye-Law 28(B)(b), the Investigations Committee shall use its reasonable endeavours to obtain such medical and legal professional reports and advice as to the mental and physical condition and as to the legal status of the said Member, Diplomate or Registered Student as the Investigations Committee is able so to do and in the event that the Investigations Committee shall refer such case to the Competency Committee, shall, to the extent to which it is lawfully able so to do, and subject to such conditions of confidentiality as the Investigations Committee shall see fit, disclose to the Competency Committee such reports and advice as the Investigations Committee shall have received in writing and, subject to such conditions of confidentiality as aforesaid, shall report in writing to the Competency Committee as to such reports and advice as the Investigations Committee shall have received orally;

(ii) the Competency Committee - the Competency Committee shall consider each case referred to it by the Investigations Committee and, where appropriate, make a ruling in respect of the Member, Diplomate or Registered Student; a Member, Diplomate or Registered Student shall have a right of appeal to the Appeal Committee against such a ruling by the Competency Committee; and

(iii) the Appeal Committee - the Appeal Committee shall hear appeals from certain decisions of the Competency Committee in accordance with the Appeal Committee's terms of reference; and where the Appeal Committee considers it to be appropriate, confirm, rescind or vary a ruling of the Competency Committee.