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Medical Act 1983

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[F129E EvidenceE+W+S+N.I.

(1)Regulations under section 29A above may make provision for a licensing authority—

(a)to refuse to grant a licence to practise to a medical practitioner;

(b)to withdraw a licence to practise from a medical practitioner; or

(c)to refuse to restore a licence to practise to a medical practitioner,

in any case where the medical practitioner does not provide the licensing authority with such evidence or information as the authority may reasonably request for any of the purposes specified in subsection (2) below.

(2)The purposes are those of—

(a)determining whether to grant a licence to practise to the practitioner;

(b)revalidation of the practitioner;

(c)determining whether to withdraw a licence to practise from the practitioner; and

(d)determining whether to restore a licence to practise to the practitioner.

(3)For the purpose of carrying out any function under sections 29A to 29D above in relation to a medical practitioner, a licensing authority may require—

(a)any medical practitioner (other than that practitioner); or

(b)any other person,

who, in the opinion of the authority, is able to supply information, or produce any document, which appears relevant to the discharge of any such function, to supply such information or produce such a document.

(4)For the purpose of reviewing procedures relating to—

(a)revalidation; or

(b)the grant, withdrawal or restoration of a licence to practise,

a licensing authority may require any medical practitioner or other person to supply information or produce any document.

(5)Nothing in subsection (3) or (4) above shall require or permit any disclosure of information which is prohibited by or under any other enactment.

(6)But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, a licensing authority may, in exercising its functions under subsection (3) or (4) above, require that the information be put into a form which is not capable of identifying that individual.

(7)In determining for the purposes of subsection (5) above whether a disclosure is not prohibited, by reason of being a disclosure of personal data which is exempt from the non-disclosure provisions of the Data Protection Act 1998 by virtue of section 35(1) of that Act, it shall be assumed that the disclosure is required by or under this section.

(8)Subsections (3) and (4) do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

(9)In this section “enactment” includes—

(a)an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(b)any provision of, or any instrument made under, Northern Ireland legislation.]

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Amendments (Textual)

F1Pt. IIIA (except s. 29G(1)(a)(2)(3)) inserted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 10 (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.); Pt. IIIA s. 29G(1)(a)(2)(3) inserted (17.12.2002) by arts. 1(2)(g), 10 of the amending S.I. (with transitional provisions in Sch. 2)

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