Medical Schemes Act, 1998 (Act No. 131 of 1998)

Regulations

Regulations in terms of the Medical Schemes Act

Chapter 7 : Conditions to be complied with by brokers

28C. Suspension or withdrawal of accreditation
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1)The Council may, subject to subregulation (2), at any time suspend or withdraw any accreditation granted in terms of regulation 28B if the Council is satisfied on the basis of available information, that the relevant broker or apprentice broker –
a)no longer meets the requirements contemplated in regulation 28B;
b)did not, when applying for accreditation, make a full disclosure of all relevant information to the Council, or furnished false or misleading information;
c)has, since the granting of such accreditation, contravened or failed to comply with any provision of this Act;
d)has, since the granting of such accreditation, failed to comply in a material manner with any relevant code of conduct for financial service providers published in terms of section 15 of the Financial Advisory and Intermediary Services Act, 2002;
e)has, since the granting of such accreditation, conducted his or her business in a manner that is seriously prejudicial to clients or the public interest; or
f)is disqualified from performing broker services in terms of regulation 28B(11).

 

2)
a)Before suspending or withdrawing any accreditation, the Council must inform the broker or apprentice broker concerned of –
i)the intention to suspend or withdraw the accreditation and the grounds therefor;
ii)in the case of suspension, the intended period therefor; and
iii)any terms attached to the suspension or withdrawal, including such measures as the Council may determine for the protection of the interests of the clients of the broker or apprentice broker, and must give the broker or apprentice broker a reasonable opportunity to make a submission in response thereto.
b)The Council must consider any such response, and may thereafter decide to withdraw or suspend or not to withdraw or suspend the accreditation, and must notify the broker or apprentice broker of the decision.
c)Where the accreditation is suspended or withdrawn, the Council must make known the terms of the suspension or withdrawal or subsequent lifting thereof, by means of any appropriate public media announcement.

 

3)During the period that the accreditation of a broker or apprentice broker has been suspended, such person may not apply for renewal of the accreditation or reapply for accreditation.

 

4)On withdrawal of the accreditation of a person as a broker or apprentice broker, the Council may determine a reasonable period within which such person may not reapply for accreditation as a broker or apprentice broker, taking into account the nature of the circumstances giving rise to such withdrawal.