F1PART IIIA LICENCE TO PRACTISE AND REVALIDATION
Supplementary provisions
29E Evidence
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.
F22A
Regulations under section 29A above may include provision for or in connection with requiring a medical practitioner to supply information to a licensing authority (including information about his prospective, current or past employment as a medical practitioner) which, in the opinion of the licensing authority, will assist it in determining when and how to revalidate him.
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.
C2C1C35
C2C1C36
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.
C2C1C3F47
In determining for the purposes of subsection (5) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.
C2C1C38
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.
F6...
Pt. 3A inserted (17.12.2002 for s. 29G(1)(a)(2)(3), 8.9.2009 for the insertion of ss. 29A, 29B, 29D, 29E, 29G, 29J for specified purposes and specified headings as notified in the London Gazette dated 21.8.2009, 16.11.2009 for the insertion of ss. 29B, 29D, 29E for specified purposes and for the insertion of ss. 29F, 29H as notified in the London Gazette dated 21.8.2009, 3.12.2012 for the insertion of ss. 29A(4)(d), 29C, 29E(2)(b)(4)(a), 29J(1)(a) in so far as not already in force as notified in the London Gazette dated 2.11.2012) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(g), 10 (with Sch. 2)