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The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

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Default powers of the Secretary of State

26.—(1) If it appears to the Secretary of State that the Board has failed to perform any function which, in the opinion of the Secretary of State, should have been performed by it, the Secretary of State may notify the Board of his opinion and require the Board to make representations to him.

(2) The Secretary of State may, having considered the representations of the Board, give such directions (if any) to the Board as he considers appropriate.

(3) If the Board fails to comply with any directions given under this article, the Secretary of State may give effect to the direction.

(4) For the purpose of giving effect to a direction under paragraph (3), the Secretary of State may—

(a)exercise any power of the Board or do any act or other thing authorised to be done by the Board; and

(b)do, of his own motion, any act or other thing which he is otherwise authorised to do under this Order at the instigation of the Board.

(5) The Secretary of State shall not take any action pursuant to paragraphs (1) to (4) unless he has consulted—

(a)the Scottish Ministers;

(b)the Department of Health, Social Services and Public Safety in Northern Ireland; and

(c)the National Assembly for Wales.

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