SCHEDULES
SCHEDULE 3 Professional Conduct and Health Cases
Evidence etc.
4
1
For the purposes of any proceedings before the Professional Conduct Committee or the Health Committee in England and Wales or Northern Ireland—
a
the Committee may administer oaths; and
b
any party to the proceedings may sue out writs of subpoena ad testificandum and duces tecum;
but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.
2
Section 36 of the M1Supreme Court Act 1981 and section 67 of the M2Judicature (Northern Ireland) Act 1978 (subpoena issued by High Court to run throughout United Kingdom) shall apply in relation to any such proceedings in England and Wales and in Northern Ireland respectively as they apply in relation to causes or matters in the High Court.
3
For the purposes of any proceedings before the Professional Conduct Committee or the Health Committee in Scotland, the Committee may administer oaths and the Court of Session shall 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 Committee, 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.