Section 4: Disciplinary procedure

I.- Subject to the adaptations provided for in II, the articles of Chapter VI of Title II of Book I of this Part mentioned in the left-hand column of the table below, in the wording indicated in the right-hand column of the same table, shall apply in New Caledonia and French Polynesia:

II.For the application in New Caledonia and French Polynesia of the provisions of I:

1° In article R. 4126-6:

a) In the first paragraph, the words: "of the regional or inter-regional council" are replaced by the words: "of the professional body of New Caledonia or French Polynesia";

b) After the third paragraph, a final paragraph is inserted as follows:

"In the exercise of their jurisdictional powers, officials acting as clerks to a disciplinary chamber may only receive instructions from the president of the chamber. "

2° In the last paragraph of article R. 4126-10, the words: "articles 640 to 644 of the code of civil procedure" are replaced by the words: "articles 640 to 647 of the code of civil procedure of New Caledonia or articles 24 and 25 of deliberation no. 2001-200 AFP of 4 December 2001 on the code of civil procedure of French Polynesia";

3° In the third paragraph of article R. 4126-13, the words: "or the departmental council of the Association" are replaced by the words: "the departmental council of the Association or the body of the Association in New Caledonia or French Polynesia";

4° The last sentence of the second paragraph of article R. 4126-12 does not apply;

5° The first paragraph of article R. 4126-14 is amended as follows:

a) After the words: "the departmental council", the words: "or the body of the order in New Caledonia or French Polynesia" are inserted;

b) After the words: "this council", the words: "or the body of the order in New Caledonia or French Polynesia" are inserted;

6° In article R. 4126-17, the last sentence is replaced by the following: "This person may not be chosen from among the councillors who are members of the body of the plaintiffs' association and who sat during the conciliation provided for in article R. 4441-3 or during the decision to prosecute the practitioner. "

7° In the second paragraph of article R. 4126-23, the words: ", regardless of the departmental council on whose roll the practitioner is registered" do not apply;

8° In article R. 4126-25:

a) In the third paragraph, the words: "articles 643 and 644 of the Code of Civil Procedure" are replaced by the words: "articles 640 to 647 of the Code of Civil Procedure of New Caledonia or articles 24 and 25 of deliberation no. 2001-200 AFP of 4 December 2001 on the Code of Civil Procedure of French Polynesia";

b) The last paragraph is not applicable;

9° In article R. 4126-30, the third and fourth paragraphs shall not apply;

10° In Article R. 4126-32:

a) In the first paragraph, the words: ", except when the matter is referred to the Chamber pursuant to the provisions of Article L. 4113-14," are not applicable;

b) In the second paragraph, the words: "Articles 643 and 644 of the Code of Civil Procedure" are replaced by the words: "Articles 640 to 647 of the Code of Civil Procedure of New Caledonia or Articles 24 and 25 of Deliberation No. 2001-200 AFP of 4 December 2001 on the Code of Civil Procedure of French Polynesia";

11° In Article R. 4126-33:

a) In the first paragraph, after the words: "departmental council and departmental councils", the following words are inserted: "or to the professional body of New Caledonia or French Polynesia";

b) In the first paragraph, the words: ", to the director general of the regional health agency" do not apply;

c) In the first paragraph, the words: "and to the Minister responsible for health" are replaced by the words: "to the Minister responsible for health and, as appropriate, to the President of the Government of New Caledonia or the President of French Polynesia";

d) The last paragraph is not applicable;

12° In article R. 4126-34, the words: "to the director of the regional health agency" are replaced by the words: "to the competent health authority in New Caledonia or French Polynesia";

13° In Article R. 4126-35:

a) The words: "3° and 4° of Article L. 4124-6" are replaced by the words: "3° and 4° of article L. 4441-10";

b) After the words: "rector of the academy", the words: "or to the vice-rector of the academy" are added;

14° In article R. 4126-38, after the words "departmental councils", the words "and the bodies of the Order in New Caledonia or French Polynesia" are inserted;

15° In the first and fourth paragraphs of Article R. 4126-41, the words "the regional or inter-regional council of the Order" are replaced by the words "the body of the Order in New Caledonia or French Polynesia";

16° In the second paragraph of Article R. 4126-44, the words: "Articles 643 and 644 of the Code of Civil Procedure" are replaced by the words: "Articles 640 to 647 of the Code of Civil Procedure of New Caledonia or Articles 24 and 25 of Deliberation No. 2001-200 AFP of 4 December 2001 on the Code of Civil Procedure of French Polynesia";

17° The second paragraph of Article R. 4126-46 is replaced by the following provisions:

"If, on the date of notification, the practitioner being prosecuted is registered or in the process of being registered in another department, New Caledonia or French Polynesia, the decision is also notified to the departmental council of this department or to the professional body of New Caledonia or French Polynesia as well as, if the decision imposes a disciplinary penalty, to the same authorities in that department, to the professional body in New Caledonia or French Polynesia and, where applicable, in that new region";

18° In the second paragraph of article R. 4126-48, the words: "articles 643 and 644 of the code of civil procedure" are replaced by the words: " articles 640 to 647 of the code of civil procedure of New Caledonia or articles 24 and 25 of deliberation no. 2001-200 AFP of 4 December 2001 on the code of civil procedure of French Polynesia".