The Anaesthesia Associates and Physician Associates Order 2024

Proceedings before a Panel

9.—(1) For the purposes of fitness to practise proceedings before a Panel in England and Wales or Northern Ireland, a Panel may—

(a) administer oaths, and

(b) issue a writ of subpoena ad testificandum or subpoena duces tecum.

(2) Any such writ must not compel a person to produce any document which they could not be compelled to produce on the trial of an action.

(3) Section 36 of the Senior Courts Act 1981(1) (subpoena issued by High Court to run throughout United Kingdom) or section 67 of the Judicature (Northern Ireland) Act 1978(2) (which provide a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) applies in respect of fitness to practise proceedings before a Panel in England and Wales or, as the case may be, in Northern Ireland as those provisions apply in respect of causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(4) For the purpose of fitness to practise proceedings before a Panel in Scotland, the Panel may administer oaths and the Court of Session will on the application of any party to the proceedings have the like power as in any action in that court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Panel and for the issue of letters of second diligence against any witness or haver failing to appear after due citation,

(b) to grant warrant for the recovery of documents, and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

(5) No person shall be compelled under any of the provisions in this paragraph to produce any document described in paragraph 7(5).

(1)

1981 c. 54.

(2)

1978 c. 23.