s 50 Conduct of investigation by investigator
50.—(1) Where —(a) an Inquiry Committee, a Complaints Committee or a Disciplinary Tribunal (called in this section the instructing committee) directs an investigation under section 43(3)(b)(ii) or (c), 45(7)(b) or 59A(9), as the case may be; and (b) the instructing committee is of the opinion that the registered medical practitioner should be called upon to answer any allegation made against him, the instructing committee must give the registered medical practitioner written notice of the investigation and invite the registered medical practitioner to give to the investigator, within the period (not exceeding 21 days after the date of the notice), any written explanation he may wish to offer, containing all relevant information and accompanied by every relevant document that is in the possession of the registered medical practitioner. (2) The registered medical practitioner may, at any time before the expiration of the period specified for the submission of the written explanation, make not more than one application to the instructing committee for an extension of the period, and the extension must not exceed 21 days. (3) In the course of an investigation mentioned in subsection (1), a relevant Complaints Committee may authorise in writing the investigator to do one or both of the following: (a) in the case of a complaint mentioned in section 40(3)(b) — obtain the consent of the registered medical practitioner to undergo a performance assessment in accordance with section 52; (b) in the case of any information mentioned in section 40(4)(d) — obtain the consent of the registered medical practitioner to undergo a fitness assessment in accordance with section 53. (4) Where an investigator requests the consent of the registered medical practitioner under subsection (3), the registered medical practitioner must respond within such time as the investigator may specify in the request. (5) If the registered medical practitioner —(a) declines to undergo a performance assessment or fitness assessment requested under subsection (3); (b) having consented to undergo a performance assessment or fitness assessment, subsequently fails to participate in the assessment or refuses to cooperate with any assessor carrying out the assessment; or (c) does not respond to the investigator’s request within the time mentioned in subsection (4), the investigator must make a report to the relevant Complaints Committee under section 51, and the relevant Complaints Committee may proceed with the inquiry and take such action as it thinks fit under section 46. (6) Where, in the course of an investigation mentioned in subsection (1), an investigator receives any information that relates to the registered medical practitioner who is the subject of the investigation and that is not related to the subject matter of the investigation but may give rise to proceedings under this Part, the investigator must make a report to the Medical Council. (7) Where, in the course of an investigation mentioned in subsection (1), an investigator receives any information relating to another registered medical practitioner which may give rise to proceedings under this Part, the investigator must make a report to the Medical Council. (8) In this section and sections 52 and 53, “relevant Complaints Committee” means —(a) the Complaints Committee appointed to inquire into any complaint or information that is the subject of the investigation; or (b) the Complaints Committee which has directed the investigation under section 45(7)(b), as the case may be. [Act 34 of 2020 wef 01/07/2022]