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Medical Practitioners Act 1995

V: Competence
61   Procedure on review of competence



   61. Procedure on review of competence---(1) The form of a review under
 section 60 of this Act shall be at the Council's discretion, but in
 every case the Council shall give to the practitioner under review,---
   (a) A notice containing such particulars as will clearly inform that
         practitioner of the substance of the grounds (if any) on which
         the Council has decided to carry out the review; and
   (b) Subject to section 134 of this Act, any information relating to
         his or her competence that is in the possession of the Council;
         and
   (c) A reasonable opportunity to make written submissions and be heard
         on the matter, either personally or by his or her
         representative.

   (2) Where any medical practitioner exercises the right conferred by
 subsection (1) (c) of this section to be heard on the matter personally,
 the medical practitioner is entitled to have present, during the
 practitioner's appearance, any person chosen by that practitioner and
 who consents to be present.

   (3) If, after conducting a review under section 60 of this Act, the
 Council has reason to believe that the competence of a medical
 practitioner is deficient, the Council may make either or both of the
 following orders:
   (a) That the practitioner undertake a competence programme:
   (b) That 1 or more conditions be placed on the practitioner's
         registration or practising certificate, or both.

   (4) The Registrar shall ensure that, within 5 working days of the
 making of an order under subsection (3) of this section,---
   (a) A copy of the order is given to the medical practitioner
         concerned; and
   (b) All administrative steps are taken to give effect to the order.

   (5) An order made under subsection (3) of this section shall take
 effect from the day on which a copy of the order is given under
 subsection (4) of this section to the practitioner concerned or from
 such date as may be specified in the order, whichever is the later.
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