OpenLegislation

Article 25 Council’s power to require disclosure of informationI1I2

United Kingdom

C1(1)

For the purpose of assisting F1the Council or any of its Practice Committees in carrying out functions in respect of fitness to practise, a person authorised by F2the Council may require any person (other than the person concerned) who in his opinion 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.

(2)

As soon as is reasonably practicable after a decision has been made under article 22(5) or (6) to refer an allegation or other matter to a Practice Committee, the Council shall require, from the person concerned, details of—

(a)

any person—

(i)

by whom he is employed to provide services in, or in relation to, the profession in respect of which he is registered, or

(ii)

with whom he has an arrangement to provide such services; and

(b)

any body by which he is authorised to practise, in the United Kingdom or elsewhere, a health or social care profession which is regulated under any enactment.

(3)

Nothing in this article shall require or permit any disclosure of information which is prohibited by or under any other enactment.

(4)

But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in paragraph (1) may, in exercising his functions under that paragraph, require that the information be put into a form which is not capable of identifying that individual.

(5)

Paragraph (1) shall not apply in relation to the supplying of information or the production of any document which a person could not be compelled to supply or produce in civil proceedings in any court to which an appeal would lie from a decision of F3a Practice Committee with regard to the person concerned.

F4(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Words in art. 25(1) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 2 para. 6(a)(i); S.I. 2009/1357, art. 2(1)(a)(ii)

F2

Words in art. 25(1) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 2 para. 6(a)(ii); S.I. 2009/1357, art. 2(1)(a)(ii)

F3

Words in art. 25(5) substituted (1.7.2009) by The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(9), Sch. 2 para. 6(b); S.I. 2009/1357, art. 2(1)(a)(ii)

F4

Art. 25(6) omitted (14.5.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), art. 1(2)(c), Sch. 2 para. 6(c)

Modifications

C1

Art. 25(1) modified (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 1 para. 2(3) (with ss. 89, 90) (subject to expiry in accordance with s. 89(1)(2)(b) of the modifying Act)

Commencement

I1

Art. 25 not in force at made date, see art. 1(2)

I2

Art. 25 in force at 9.7.2003 as notified in the London Gazette dated 27.6.2003, see art. 1(3) (with transitional provisions in S.I. 2003/1700)

Notes on the whole SI

Textual amendments

F1

Title substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 45; S.I. 2019/1436, reg. 2(s)