The General Medical Council (Restoration following Administrative Erasure) Regulations Order of Council 2004

Transitional arrangements

6.—(1) An application for restoration made in accordance with regulation 2 of the General Medical Council (Restoration and Registration Fees Amendment) Regulations 2003 (the 2003 Restoration Regulations) which has not been determined and the decision notified before the date of the coming into force of these Regulations shall be dealt with in accordance with paragraphs (2) to (5).

(2) Subject to paragraph (3), the Registrar shall deal with any application falling within paragraph (1) in accordance with regulation 3(3) and regulation 3(4) and 4 shall apply accordingly.

(3) In cases falling with in regulation 3(3) of the 2003 Restoration Regulations—

(a) where the screener has advised the Registrar under regulation 3(5) of the 2003 Restoration Regulations that there is no reason why the application should not be approved, the Registrar shall, subject to regulation 14 of the Fees Regulations (fees for restoration to the Principal List), restore the practitioner’s name to the register as soon as reasonably practicable and shall notify the practitioner accordingly;

(b) where the screener has advised the Registrar under regulation 3(5) of the 2003 Restoration Regulations that there is reason why the application should not be approved, and the application has not been referred to the Professional Conduct Committee, Committee on Professional Performance or Health Committee under regulation 3(8) of the 2003 Restoration Regulations, regulations 4(7) to (10) shall apply, save that, where the Registrar has given notice in accordance with regulation 3(7) of the 2003 Restoration Regulations, regulation 4(7) shall not apply;

(c) where the application has been referred to the Professional Conduct Committee, Committee on Professional Performance or Health Committee under regulation 3(8) of the 2003 Restoration Regulations, the application shall be considered by a FTP Panel in accordance with those Regulations; or

(d) where a decision has been taken under regulation 2 or 3 of the 2003 Restoration Regulations—

(i) to approve the application, the Registrar shall, subject to regulation 14 of the Fees Regulations (fees for restoration to the Principal List), restore the practitioner’s name to the register as soon as reasonably practicable and shall notify the practitioner accordingly, or

(ii) to refuse the application, the Registrar shall notify the practitioner accordingly.

(4) In relation to cases falling within—

(a) paragraph (2) or (3), these Regulations shall apply as if references to a “restoration application” were references to an application made in accordance with regulation 2 of the 2003 Restoration Regulations, and references to an “applicant” were construed accordingly;

(b) paragraph (2), regulation 3 shall apply as if—

(i) in paragraph (3)(c) and (4)(a) and (b), references to “paragraph (2)” were references to regulation 2(2) of the 2003 Restoration Regulations, and

(ii) in paragraph (4)(a), reference to “paragraph (2)(g)(i), (ii) or (iii)” was reference to regulation 2(2)(d), (f) or (g) of the 2003 Restoration Regulations;

(c) paragraph (3)(b), regulation 4 shall apply as if—

(i) in paragraph (7),

(aa) the words “where the screener has advised that there is reason why the application should not be approved” were substituted for the words “where the Case Examiners or the Committee decide to refer a restoration application for consideration by a FTP Panel”; and

(bb) the words “that advice” were substituted for the words “that decision”,

(ii) in paragraph (8), reference to paragraph (7)(b) includes a reference to regulation 3(8) of the 2003 Restoration Regulations, and

(iii) in paragraph (10), the words “the Case Examiners, the Committee or” were omitted; and

(d) paragraph (3)(c), references in regulation 3(9) to (11) of the 2003 Restoration Regulations to “the Committee” and “the Professional Conduct Committee, the Health Committee or the Committee on Professional Performance” were references to a FTP Panel.

(5) Where an application for restoration of a practitioner’s name to the register has been refused under regulation 3(11) of the 2003 Restoration Regulations, no application may be made under these Regulations for restoration of the practitioner’s name to the register before the expiry of one year beginning with the date on which the Committee or FTP Panel refused the application or such longer period as may have been determined by the Committee or FTP Panel when refusing the application.

Given under the official seal of the General Medical Council this 15th day of September 2004