The Regulator's Power To Require Disclosure Of Information In Fitness To Practise Investigations

• Published date: 17 May 2021
• Subject Matter: Food, Drugs, Healthcare, Life Sciences, Privacy, Data Protection
• Law Firm: RadcliffesLeBrasseur
• Author: Mr Stewart Duffy

The precise nature of a regulator's powers will be determined by the relevant statute establishing that regulator. Most regulators have the power to require a Registrant who is the subject of investigation to provide details of the indemnity cover and their employer or the organisation(s) for whom they provide services. They also have wider powers to require third parties to provide information or documents. This usually requires the service of a notice requiring the supply of the information and the power to enforce such a notice through the courts.

In relatively recent times the GMC obtained a power to require the Registrant who is the subject of an investigation to provide a wide range of information to the Council. The powers to require disclosure do not disapply the data protection legislation. Broadly speaking they allow the Regulator to impose an...