- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/11/2004
Point in time view as at 01/04/2004. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Medical Act 1983, Section 40 is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The following decisions are appealable decisions for the purposes of this section, that is to say—
(a)a decision of the Professional Conduct Committee under section 36 above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;
[F1(aa)a decision of the Committee on Professional Performance under section 36A above giving a direction for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration; or]
(b)a decision of the Health Committee under section 37 above giving a direction for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration; or
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(d)a decision of the Professional Conduct Committee under section 41(6) giving a direction that the right to make further applications under that section shall be suspended indefinitely; or
F3(e)a decision of the General Council under section 45(6) giving a direction that the right to make further applications under that section shall be suspended indefinitely.]
[F4(1A)A decision of the General Council under section 39 above giving a direction for erasure is also an appealable decision for the purposes of this section.]
(2)In subsection (1) above the references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.
[F5(3)A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 36(6), 36A(7), or 37(6) above, or section 41(7) or 45(7) below, appeal against the decision to the relevant court.
(3A)In subsection (3), “the relevant court”—
(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session,
(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland, and
(c)in the case of any other person (including one appealing against a decision falling within subsection (1)(e)), means the High Court of Justice in England and Wales.
(3B)A person in respect of whom an appealable decision falling within subsection (1A) above has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 39(2), appeal against the decision to a county court or, in Scotland, the sheriff in whose sheriffdom the address in the register is situated.]
F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(7)On an appeal under this section from the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, the court may—
(a)dismiss the appeal,
(b)allow the appeal and quash the direction or variation appealed against,
(c)substitute for the direction or variation appealed against any other direction or variation which could have been given or made by the committee concerned, or
(d)remit the case to the committee concerned to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
(8)On an appeal under this section from the General Council, the court (or the sheriff) may—
(a)dismiss the appeal,
(b)allow the appeal and quash the direction appealed against, or
(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or in Scotland, expenses) as it (or he) thinks fit.]
F8(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)On an appeal under this section from the Professional Conduct Committee [F9, the Committee on Professional Performance] or the Health Committee the General Council may appear as respondent; and for the purpose of [F10any order as to costs (or, in Scotland, expenses) in relation to] any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.
Textual Amendments
F1S. 40(1)(aa) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(2); S.I. 1997/1315, art. 2
F2S. 40(1)(c) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(a), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)
F3S. 40(1)(d)(e) and word “or” immediately preceding added (3.8.2000) by S.I. 2000/1803, art. 8(a)
F4S. 40(1A) inserted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(b), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)
F5S. 40(3)-(3B) substituted for s. 40(3) (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(c), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)
F6S. 40(4)-(6) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(d), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)
F7S. 40(7)(8) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(e), 42(3); S.I. 2003/833, art. 3(a) (with art. 4)
F8S. 40(9)(10) repealed (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 30(2)(d), 42(3), Sch. 9 Pt. 2; S.I. 2003/833, art. 3(a)(c) (with art. 4)
F9Words in s. 40(11) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(8); S.I. 1997/1315, art. 2
F10Words in s. 40(11) substituted (1.4.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 42(3), Sch. 8 para. 14; S.I. 2003/833, art. 3(b) (with art. 4)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys