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Medical Act 1983

Changes over time for: Section 44

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Version Superseded: 03/08/2015

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[F144 Effect of disqualification in another [F2relevant European State] on registration in the United Kingdom.U.K.

(1)A person who is subject to a disqualifying decision in [F3a relevant European State] in which he is or has been established in medical practice shall not be entitled to be registered by virtue of section 3(1)(b) [F4, 14A or 19A] above for so long as the decision remains in force in relation to him.

(2)A disqualifying decision in respect of a person is a decision, made by responsible authorities of [F5the relevant European State] in which he was established in medical practice or in which he acquired a [F6medical qualification], and—

(a)expressed to be made on the grounds that he has committed a criminal offence or on grounds related to his professional conduct, professional performance or physical or mental health; and

(b)having in that State the effect either that he is no longer registered or otherwise officially recognised as a medical practitioner, or that he is prohibited [F7(whether on a permanent or temporary basis)] from practising medicine there.

(3)If a person has been registered by virtue of section 3(1)(b) [F8, 14A or 19A] above and it is subsequently shown to the satisfaction of the Registrar that he was subject to a disqualifying decision in force at the time of registration, and that the decision remains in force, the Registrar shall remove the person’s name from the register.

(4)A decision under—

(a)subsection (1) above not to register a person; or

(b)subsection (3) above to remove a person’s name from the register,

is an appealable registration decision for the purposes of Schedule 3A to this Act.

(5)If a person has been registered as a fully registered medical practitioner by virtue of section 3(1)(b) [F9, 14A or 19A] above at a time when a disqualifying decision was in force in respect of him, and he has been so registered for a period of not less than one month throughout which the decision had effect—

(a)a Fitness to Practise Panel may direct that his registration be suspended for such period, not exceeding the length of the first-mentioned period, as the Panel think fit, and the period of suspension shall begin on a date to be specified in the Panel’s direction; and

(b)sections 35E(1) and (3) and 40 and paragraphs 1, 2, 8, 9, 10, 12 and 13 of Schedule 4 to this Act shall have effect, with any necessary modifications, in relation to suspension under this subsection.

(6)Where on or after the date on which a person was registered by virtue of section 3(1)(b) [F10, 14A or 19A] above a disqualifying decision relating to him comes into force, this Part of this Act shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.

F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F1Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force except for the substitution of ss. 41(7)(8), 41C, 44(4), 44A(3) as notified in the London Gazette dated 8.10.2004, 16.11.2009 for the insertion of s. 41C as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 13 (with Sch. 2)

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