Medical (Professional Performance) Act 1995

6 (1) Section 37 (unfitness to practise through illness, etc.) shall be amended as follows. U.K.

(2) In subsection (2)—

(a) for the word “42(3)(c)” there shall be substituted the word “ 42 ”; and

(b) after the words “the Preliminary Proceedings Committee” there shall be inserted the words “ or the Health Committee ”.

(3) In subsection (3)—

(a) in paragraph (b), after the word “expiry” there shall be inserted the words “ (or termination under subsection (3B)(b) below) ”; and

(b) for the words “; but the Committee shall not” there shall be substituted the words “ ; but, subject to subsection (3A) below, the Committee shall not ”.

(4) After subsection (3) there shall be inserted—

“(3A) The Health Committee may give a direction extending a period of suspension indefinitely where—

(a) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years, and

(b) the direction is given not more than two months before the date on which the period of suspension would otherwise expire.

(3B) Where the Health Committee have given a direction for indefinite suspension, they—

(a) shall review the suspension when requested to do so by the person whose registration is suspended (but not until two years after the date on which the direction takes effect and not more than once in any period of two years), and

(b) having carried out such a review, may direct that the suspension be terminated.”.