(1) Subsection (2) applies to an application for an annual practising certificate to the authority concerned if the Registrar believes on reasonable grounds that—
(a) the applicant has, at any time, failed to maintain the required standard of competence; or
(b) the applicant has failed to fulfil, or has failed to comply with, a condition included in the applicant's scope of practice; or
(c) the applicant has not satisfactorily completed the requirements of any competence programme that he or she has been ordered by the authority to complete; or
(d) the applicant has not held an annual practising certificate of a kind sought by the application within the 3 years immediately preceding the date of the application; or
(e) the applicant is unable to perform the functions required for the applicant's profession because of some mental or physical condition; or
(f) the applicant has not, within the 3 years immediately preceding the date of application, lawfully practised the profession to which the application relates.
(2) If this subsection applies to an application, the Registrar must promptly—
(a) ascertain whether the Registrar is able to consider and determine the application under a delegation given to the Registrar under clause 17 of Schedule 3; or
(b) if that is not the case, submit the application to the authority for its consideration.
(3) The Registrar or the authority may decline to issue an annual practising certificate if satisfied that any information included in the application is false or misleading.
(4) Before the Registrar or the authority decides to decline to issue an annual practising certificate under subsection (3), the Registrar or, as the case requires, the authority must—
(a) inform the health practitioner concerned in writing why the Registrar or, as the case requires, the authority believes that the information is false or misleading; and
(b) give the health practitioner a reasonable opportunity to make written submissions and to be heard on the question, either personally or by his or her representative.
Compare: 1995 No 95 s 52