The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006

Obtaining information to facilitate revalidation in anticipation of the introduction of revalidation

90.—(1) For the purposes of assisting the General Council, any licensing authority or any future licensing authority in preparing for the introduction of revalidation under Part 3A of the Act, a person authorised by the General Council may require any person who, in his opinion, is able to supply information or produce any document which appears relevant to assisting a licensing authority or future licensing authority in determining when and how to revalidate a medical practitioner to supply such information or produce such a document (whether the information or document relates to that person or to a third party).

(2) Nothing in paragraph (1) shall require or permit any disclosure of information which is prohibited by or under any other enactment, but where that prohibition arises because the information is in a form which allows for the identification of an individual, the person authorised by the General Council may require that information to be put in a form which does not allow for the identification of that individual.

(3) In determining for the purposes of paragraph (2) whether a disclosure of personal data is prohibited, it shall be assumed, for the purposes of section 35(1) of the Data Protection Act 1998(1) (disclosures required by law or made in connection with legal proceedings etc.), that disclosure of the personal data is required by paragraph (1).

(4) If a person fails to supply any information or produce any document within 14 days beginning with the date of his being required to do so under paragraph (1), the General Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

(5) For the purposes of this article, the “relevant court” means—

(a) the county court; or

(b) if the person against whom the order is sought is domiciled in Scotland, the sheriff in whose sheriffdom that person is domiciled.

(1)

1998 c. 29.