Paragraph 2 F1
United Kingdom
For the purpose of proceedings in England or Wales or in Northern Ireland before—
the Investigation Committee;
F2an Interim Orders Tribunal; or
F3a Medical Practitioners Tribunal,
the Committee F4or Tribunal may administer oaths, and any party to the proceedings may issue a writ of subpoena ad testificandum or 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.
Section 36 of the F5Senior Courts Act 1981 or section 67 of the Judicature (Northern Ireland) Act 1978 (which provide a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to proceedings before the Investigation Committee, an Interim Orders Tribunal or a Medical Practitioners Tribunal in England and Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.
For the purpose of proceedings before the Investigation Committee, an Interim Orders Tribunal or a Medical Practitioners Tribunal in Scotland, the Committee or Tribunal 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—
to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee or Tribunal and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;
to grant warrant for the recovery of documents; and
to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.
Annotations
Textual amendments
- F1
Sch. 4 substituted (7.7.2004 for the substitution of Sch. 4 para. 5A(2) for specified purposes and paras. 1, 5A(1)(3)(3A)(9), 6, 7(3)(4)(6) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 14 (with Sch. 2 and savings in The Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I. 2004/1731), arts. 1(1), 2)
- F2
Words in Sch. 4 para. 2 substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 8(7)(a); S.I. 2015/1952, art. 2(e)
- F3
Words in Sch. 4 para. 2 substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 8(7)(b); S.I. 2015/1952, art. 2(e)
- F4
Words in Sch. 4 para. 2 substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 8(7)(c); S.I. 2015/1952, art. 2(e)
- F5
Words in Act substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)