On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 15/09/2012.
45.
—(1) If a registered medical practitioner agrees to undergo a performance assessment under section 44(3)(a), the quality of professional services provided by him shall be assessed by a Performance Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.
(2) The Performance Assessment Panel will carry out the performance assessment in accordance with —
(a)
the provisions of this Division;
(b)
the practice and procedure as may be determined by the Medical Council; and
(c)
such instructions as may be issued by the Complaints Committee.
(3) The registered medical practitioner under assessment shall, if required by the Performance Assessment Panel —
(a)
produce to the Panel or afford the Panel access to any record or document specified by the Panel or any record or other document which is of a class or description so specified and which is in his possession or under his control being in either case a record or other document which the Panel reasonably believes is or may be relevant to the performance assessment, within such time and at such place as the Panel may reasonably require;
(b)
give to the Panel such explanation or further particulars in respect of anything produced in compliance with a requirement under paragraph (a) as the Panel shall specify; and
(c)
give to the Panel all assistance in connection with the performance assessment which he is reasonably able to give.
(4) Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the power of a Performance Assessment Panel to require the production of any record or other document conferred under subsection (3) shall include the power to require the production of a reproduction of any such information or matter or of the relevant part of it in a legible form.
(5) A Performance Assessment Panel may inspect, examine or make copies of or take any abstract of or extract from any record or document produced under subsection (3) or (4).
(6) The Performance Assessment Panel shall give a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, the registered medical practitioner.
(7) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered medical practitioner under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.
46.
—(1) If a registered medical practitioner agrees to submit to a fitness assessment under section 44(3)(b), his fitness to practise medicine by reason of his physical or mental condition shall be assessed by a Fitness Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine.
(2) The Fitness Assessment Panel will carry out the fitness assessment in accordance with —
(a)
the provisions of this Division;
(b)
the practice and procedure as may be determined by the Medical Council; and
(c)
such instructions as may be issued by the Complaints Committee.
(3) The Fitness Assessment Panel shall submit a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, provide a copy of the report to the registered medical practitioner.
(4) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered medical practitioner under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.
47.
—(1) A person to whom this section applies shall not be compellable in any proceedings to give evidence in respect of, or to produce any document containing any information which has been obtained in the course of, a performance or fitness assessment except in the case of the following:
(a)
an inquiry by any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; or
(b)
a prosecution for a criminal offence.
(2) A person to whom this section applies shall not disclose any information contained in any document as may have come to his knowledge in the course of a performance or fitness assessment unless the disclosure is made —
(a)
under or for the purpose of administering and enforcing this Act or the Infectious Diseases Act (Cap. 137); or
(b)
for any other purpose with the consent of the person to whom the information relates.
(3) This section applies to —
(a)
a member of a Performance or Fitness Assessment Panel;
(b)
the investigator referred to in section 42(4)(c) or 44(6)(b)(i);
(c)
a member of any Complaints Committee, Disciplinary Tribunal, Health Committee or Interim Orders Committee; and
(d)
any member, officer or agent of the Medical Council.