Medical Practitioners Act 2007

58.

Persons to assist Preliminary Proceedings Committee.

58.— (1) The Council—

( a) may appoint persons (including any members of the staff of the Council other than the chief executive officer) to assist the Preliminary Proceedings Committee, and

( b) shall determine the conditions of appointment of persons so appointed.

(2) Subject to subsection (4), the chairperson of the Preliminary Proceedings Committee shall specify the functions to be performed by the persons appointed under subsection (1).

(3) Without prejudice to the generality of subsection (2), the functions specified under that subsection may include one or more than one of the following:

( a) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the Preliminary Proceedings Committee;

( b) interviewing persons as to the evidence they propose to give to the Preliminary Proceedings Committee;

( c) recording, in writing or otherwise, the statements given and answers made by persons whilst being so interviewed;

( d) reporting to the Preliminary Proceedings Committee on the results of those interviews;

( e) requesting persons to provide the Preliminary Proceedings Committee with statements in writing concerning any matter relevant to the Committee’s functions and examining statements given in response to the requests; and

( f) providing the Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of its reports.

(4) A person appointed under subsection (1)

( a) shall not administer oaths or take affirmations, but

( b) may, if authorised by the Preliminary Proceedings Committee to do so, request a person interviewed as described in subsection (3) to sign a record of a statement made or answer given by the person during the interview.

(5) A person appointed under subsection (1) who makes a request referred to in subsection (4)(b) shall inform the person to whom the request is made of the power under section 66 of the Fitness to Practise Committee to give a direction in relation to the statement or answer the subject of the request.

(6) The Council shall provide each person appointed under subsection (1) with a warrant—

( a) identifying the person, and

( b) specifying the functions that the person has the authority to perform by virtue of subsection (2) and, if applicable, subsections (4)(b) and (5).

(7) Where a person appointed under subsection (1) performs a function specified in that person’s warrant provided under subsection (6), the person shall produce the warrant for inspection at the request of a person in respect of whom the function is performed.

Annotations:

Amendments:

F124

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 110(a), (b), (c)(i), (iii), (d)-(f), not commenced as of date of revision.

F125

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 110(b)(i), not commenced as of date of revision.

F126

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 110(c)(ii), not commenced as of date of revision.

Modifications (not altering text):

C52

Prospective affecting provision: subss. (1), (2), (3)(a), (d)-(f), (6), (7) substituted, subs. (3)(aa) inserted and subss. (4) and (5) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 110, not commenced as of date of revision.

58.— F124 [ (1) The chief executive officer may appoint such and so many members of staff as he or she deems appropriate to be authorised officers to investigate complaints and to assist the chief executive officer and the Preliminary Proceedings Committee in relation to complaints for such period and subject to such terms as the chief executive officer may determine.

(2) Subject to subsection (4) , the chief executive officer shall specify the functions to be performed by authorised officers. ]

(3) Without prejudice to the generality of subsection (2), the functions specified under that subsection may include one or more than one of the following:

F124 [ ( a ) investigating complaints, ]

F125 [ ( aa ) interviewing persons for the purposes of assessing the relevance or evidential value of information or documents they wish to give to the chief executive officer or Preliminary Proceedings Committee; ]

...

F124 [ ( d ) reporting to the chief executive officer;

( e ) requesting persons to provide the chief executive officer with statements in writing concerning any matter relevant to the chief executive officer’s or Preliminary Proceedings Committee’s functions and examining statements given in response to the requests;

( f ) providing the chief executive officer or Preliminary Proceedings Committee with any other advice or assistance required in relation to the preparation of the chief executive officer’s or Preliminary Proceedings Committee’s reports. ]

(4) F124 [ An authorised officer ]

( a) shall not administer oaths F126 [ ], but

( b) may, if authorised by the F124 [ chief executive officer ] to do so, request a person interviewed as described in subsection (3) to sign a record of a statement made or answer given by the person during the interview.

(5) F124 [ An authorised officer ] who makes a request referred to in subsection (4)(b) shall inform the person to whom the request is made of the power under section 66 of the Fitness to Practise Committee to give a direction in relation to the statement or answer the subject of the request.

F124 [ (6) The chief executive officer shall provide each authorised officer with a warrant—

( a ) identifying the authorised officer, and

( b ) specifying the functions that the authorised officer has the authority to perform by virtue of subsection (2) and, if applicable, subsections (4)(b) and (5) . ]

F124 [ (7) Where an authorised officer performs a function specified in that authorised officer’s warrant provided under subsection (6) , the authorised officer shall produce the warrant for inspection at the request of a person in respect of whom the function is performed. ]