104Failing to appear, give evidence or answer a question—effect on hearing where person under review is an individual

#### 104 Failing to appear, give evidence or answer a question—effect on hearing where person under review is an individual (1) This section has effect if: (a) a notice under section 102 requires a person under review who is an individual (whether or not a practitioner) to appear at a hearing and give evidence to the Committee; and (b) the person under review: (i) fails to appear at the hearing; or (ii) appears at the hearing but refuses or fails to give evidence or to answer a question that the person is asked by a Committee member in the course of the hearing. (2) If the person under review is a practitioner, the Committee may notify the Director of the person’s failure to appear at the hearing or refusal or failure to give the evidence or to answer the question. (3) The Committee may, in any case: (a) proceed with the hearing, despite section 103, even though the person under review fails to appear or appears but refuses or fails to give evidence or to answer a question; or (b) propose to hold another hearing in accordance with section 102. (4) If the person under review subsequently: (a) appears at a hearing; and (b) gives evidence as required; and (c) answers every question that the person is asked by a Committee member in the course of the hearing; then: (d) paragraph (3)(a) ceases to apply; and (e) if the person is a practitioner—the Committee must inform the Director that the person has appeared and given evidence and answered questions (as required). (5) Subsection (2) and paragraph (3)(a) do not apply if: (a) before the hearing takes place, the person gives a written notice to the Committee that includes the following: (i) the name of the person; (ii) the date of the hearing; (iii) a statement that the person has a medical condition preventing the person from appearing at the hearing or from giving evidence or answering questions in the course of the hearing; (iv) a copy of a certificate from a medical practitioner certifying that the person has a medical condition preventing the person from so appearing or from giving evidence or answering questions and specifying the period that person is so prevented; and (b) the Committee is satisfied that the person has a medical condition preventing the person from appearing at the hearing or from giving evidence or answering questions in the course of the hearing. (5A) For the purposes of determining whether it is satisfied of the matter mentioned in paragraph (5)(b), the Committee may require the person to do one or more of the following: (a) give specified further information to the Committee; (b) undergo a medical examination; (c) comply with any reasonable requirements of the Committee relating to the examination; (d) give the Committee a copy of the report by the person who conducts the examination. (6) Subsection (2) and paragraphs (3)(b) and (4)(c) do not apply in relation to a question if: (a) the person under review refuses to answer the question on the ground that the answer to the question might tend to incriminate the person; and (b) the Committee believes that the answer might tend to do so.