Part 3Complaints

51Complaints initiated by, or continued by, the Commission

(1)

The 2007 Act is amended as follows.

(2)

After section 2, insert—

“2AComplaints initiated by the Commission

(1)

In addition to receiving a conduct complaint or a regulatory complaint mentioned in section 2(1), the Commission may itself initiate a complaint against a practitioner which, had it been received from a person mentioned in section 2(2), would be a conduct complaint or a regulatory complaint.

(2)

Section 2(1A) applies to a complaint under subsection (1) as it applies to a complaint referred to in section 2(1).

(3)

References in this Part (other than in this section) and in sections 47 to 52A to a conduct complaint or a regulatory complaint include references to a conduct complaint or a regulatory complaint that is initiated by the Commission under subsection (1).

(4)

The Commission may not initiate a complaint under subsection (1) if it would not be an eligible complaint in accordance with any provision in rules made under section 32(1).”.