Medical Act 1983

1. Introductory Text

2. Part I Preliminary

   1. The General Medical Council

      1. 1. The General Medical Council.

      2. 2. Registration of medical practitioners.

3. Part II Medical Education and Registration: Persons Qualifying in the United Kingdom and Elsewhere in the EEC.

   1. 3. Registration by virtue of primary United Kingdom or primary European qualifications.

   2. 4. Qualifying examinations and primary United Kingdom qualifications.

   3. 5. General functions of the General Council in relation to medical education in the United Kingdom.

   4. 6. Further powers of the General Council.

   5. 7. Power to appoint visitors of medical schools.

   6. 8. Power to add further qualifying examinations.

   7. 9. Powers of Privy Council where standards not maintained.

   8. 10. Experience required for full registration by virtue of primary United Kingdom qualifications.

   9. 10A. Programmes for provisionally registered doctors

   10. 10B. Professional traineeships carried out in ... relevant European States, etc.

   11. 11. Provisions supplementary to s. 10, etc.

   12. 12. Special provisions as to employment in health centres.

   13. 13. Power to appoint visitors of approved hospitals.

   14. 14. Alternative requirements as to experience in certain cases.

   15. 14A. Full registration of EEA nationals etc without certain acquired rights certificates

   16. 15. Provisional registration.

   17. 15A. Provisional registration for EEA nationals etc

   18. 16. Registration of qualifications.

   19. 17. Primary qualifications obtained in other relevant European States.

   20. 18. Visiting medical practitioners from relevant European States

   21. 18A. Temporary registration with regard to emergencies involving loss of human life or human illness etc.

4. Part III Registration of Persons Qualifying Overseas

   1. 19. Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.

   2. 19A. Full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State ...

   3. 20. Experience required for full registration by virtue of recognised overseas qualifications.

   4. 21. Provisional registration of EEA nationals etc. with certain overseas qualifications.

   5. 21A. Full registration for eligible specialists and qualified general practitioners

   6. 21B. Full registration of persons with an overseas qualification

   7. 21BA. Further provision relating to the registration of specified state professionals

   8. 21C. Provisional registration of persons with an overseas qualification

   9. 22. Limited registration of persons by virtue of overseas qualifications.

   10. 23. Limited registration: supplementary provisions.

   11. 24. Limited registration: erasure.

   12. 25. Full registration of persons with limited registration.

   13. 26. Registration of qualifications.

   14. 27A. Temporary registration for visiting eminent specialists

   15. 27B. Special purpose registration

   16. 27. Temporary full registration for visiting overseas specialists.

   17. 28. The Review Board for Overseas Qualified Practitioners.

   18. 29. Functions of the Review Board.

5. PART IIIA LICENCE TO PRACTISE AND REVALIDATION

   1. Duty of General Council to make regulations

      1. 29A. Regulations as to licence to practise and revalidation

   2. Grant, refusal and withdrawal of licence

      1. 29B. Grant, refusal and withdrawal of licence

      2. 29C. Dealing with questions as to impairment of fitness to practise

   3. Restoration of licence

      1. 29D. Restoration of licence

   4. Supplementary provisions

      1. 29E. Evidence

      2. 29EA. Disclosure by a licensing authority of information relating to revalidation

      3. 29F. Appeals

      4. 29G. Guidance

      5. 29GA. Information for specified state professionals

      6. 29H. Notices

      7. 29J. Miscellaneous

6. Part IV General Provisions Concerning Registration

   1. 30. The registers.

   2. 30A. The register: emergency powers doctors list

   3. 31. Power to make regulations with respect to the registers.

   4. 31A. Voluntary removal from ... any of the registers.

   5. 32. Registration fees.

   6. 33. Supplementary provisions about registration.

   7. 34. Publication of the registers

   8. 34A. Proof of registration

   9. 34B. Registration and training appeals

7. PART 4A POSTGRADUATE MEDICAL EDUCATION AND TRAINING

   1. 34C. The General Practitioner Register

   2. 34D. The Specialist Register

   3. 34E. Applications for inclusion in the General Practitioner Register or the Specialist Register

   4. 34F. Removal of names from the General Practitioner Register and the Specialist Register

   5. 34G. Acquired rights of general practitioners

   6. 34H. Postgraduate medical education and training: general functions

   7. 34I. Postgraduate medical education and training: approvals

   8. 34J. Minimum requirements for general practice training

   9. 34K. Minimum requirements for specialist training

   10. 34L. Award and withdrawal of a Certificate of Completion of Training

   11. 34M. Visitors

   12. 34N. Power to require information

   13. 34O. Fees

8. Part V Fitness to Practise and Medical Ethics

   1. 35. General Council’s power to advise on conduct, performance or ethics

   2. 35A. General Council’s power to require disclosure of information

   3. 35B. Notification and disclosure by the General Council

   4. 35C. Functions of the Investigation Committee

   5. 35CC. Provisions supplementary to section 35C

   6. 35D. Functions of a Medical Practitioners Tribunal

   7. 35E. Provisions supplementary to section 35D

   8. 36. Professional misconduct and criminal offences.

   9. 36A. Professional performance.

   10. 37. Unfitness to practise through illness, etc.

   11. 38. Power to order immediate suspension etc.

   12. 39. Fraud or error in relation to registration

   13. 40. Appeals...

   14. 40A. Appeals by General Council

   15. 40B. Appeal under section 40A: role of Professional Standards Authority for Health and Social Care

   16. 41. Restoration of names to the register.

   17. 41A. Interim Orders

   18. 41B. Interim orders made by committees other than the Interim Orders Committee

   19. 41C. Effect of directions or orders on a licence to practise

   20. 42. Preliminary proceedings as to professional misconduct and unfitness to practise.

   21. 43. Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals

   22. 44. Effect of disqualification in another relevant European State on registration in the United Kingdom.

   23. 44A. Effect of disqualification or conviction on registration

   24. 44B. Provision of information in respect of fitness to practise matters

   25. 44BA. Fitness to practise of exempt persons: sufficient evidence

   26. 44C. Indemnity arrangements

   27. 44D. Approved practice settings

   28. 45. Disciplinary provisions affecting practitioners who render services while visiting the United Kingdom

9. Part 5A Responsible Officers

   1. 45A. Requirement to nominate or appoint responsible officer

   2. 45B. Responsibilities of responsible officer

   3. 45C. Regulations under section 45A: further provisions

   4. 45D. Crown application

   5. 45E. Regulations under section 45A: supplementary provisions

   6. 45F. Interpretation of Part 5A

10. Part VI Privileges of Registered Practitioners

    1. 46. Recovery of fees.

    2. 47. Appointments not to be held except by fully registered medical practitioners who hold licences to practise.

    3. 48. Certificates invalid if not signed by fully registered medical practitioners who hold licences to practise.

    4. 49. Penalty for pretending to be registered.

    5. 49A. Penalty for pretending to hold a licence to practise

11. Part VII Miscellaneous and General

    1. 49B. The Directive: designation of competent authority etc.

    2. 50. Default powers of Privy Council.

    3. 51. Exercise of powers to make Orders in Council and other orders.

    4. 52. Exercise of powers of Privy Council.

    5. 52A. Annual reports, statistical reports and strategic plans

    6. 52B. Annual reports of the MPTS

    7. 53. Proof of certain instruments.

    8. 54. Saving for certain occupations.

    9. 55. Interpretation.

    10. 56. Consequential amendments, repeals, transitional provisions and savings.

    11. 57. Short title, commencement and extent.

12. SCHEDULES

    1. SCHEDULE 1

       The General Medical Council and its Committees, and the Branch Councils

       1. Part 1 Constitution of the General Medical Council

          1. 1A. Membership: general

          2. 1B. Matters for the order of the Privy Council under section 1(2)

          3. 1C. Registration of members’ private interests

       2. Part II Incidental Powers and Duties and Proceedings of the General Medical Council

          1. Incidental powers and duties

             1. 9. It shall be within the capacity of the General Council...

             2. 9A. (1) In exercising their functions, the General Council shall—

             3. 9B. (1) For the purposes of ensuring that registered medical practitioners...

             4. 10. For the purpose of enabling the General Council to compile...

             5. 11. The General Council may provide facilities for testing the knowledge...

          2. Proceedings of the General Council

             1. 12. The validity of any proceedings of the General Council shall...

             2. 13. The quorum of the General Council shall be prescribed by...

             3. 14. All acts of the General Council shall be decided by...

             4. 15. (1) The General Council may by standing order make provision...

          3. Officers of the General Council

             1. 16. (1A) Standing orders of the General Council may make provision...

          4. Financial provisions

             1. 17. There shall be paid to the members of the General...

             2. 18. (1) Any fees or other sums payable by virtue of...

       3. Part III Committees of the General Medical Council

          1. ...

             1. 19. . . . . . . . . . ....

          2. ...

             1. 19A. . . . . . . . . . ....

          3. Registration Panels

             1. 19B. Subject to the power of the Panel under paragraph 25...

          4. Registration Appeals Panels

             1. 19C. Subject to the restrictions on membership specified in paragraph 23...

          5. Investigation Committee

             1. 19D. Subject to the power of the Committee under paragraph 25...

          6. ...

             1. 19E. . . . . . . . . . ....

          7. Medical Practitioners Tribunal Service

             1. 19F. (1) The MPTS are to be constituted as provided by...

          8. Medical Practitioners Tribunals and Interim Orders Tribunals

             1. 19G. (1) Medical Practitioners Tribunals and Interim Orders Tribunals are to...

          9. Supplementary

             1. 23. Rules under paragraph 19C above shall secure that—

             2. 23B. Rules under paragraph 19B, 19C or 19D above may make...

             3. 23C. Rules under any of the paragraphs mentioned in paragraph 23B...

             4. 23D. The overriding objective of the General Council in exercising the...

             5. 24. Rules under paragraph 19B, 19C, 19D, 19F or 19G above...

             6. 25. (1) Without prejudice to the preceding provisions of this Part...

       4. Part IV The Branch Councils

          1. 26. (1) There shall continue to be a branch council for...

          2. 27. Each branch council shall appoint a registrar of the council...

          3. 28. The General Council shall furnish each branch council with such...

          4. 29. There shall be paid to the members of the branch...

    2. SCHEDULE 2

       Primary European Qualifications

    3. SCHEDULE 2A

       Visiting medical practitioners from relevant European states

       1. Application and interpretation

          1. 1. This Schedule applies to an exempt person who is lawfully...

          2. 2. In this Schedule— (a) a “ visiting practitioner ” means...

       2. Registration in respect of provision of occasional medical services

          1. 3. (1) A visiting practitioner is entitled to be registered under...

       3. Entitlement to provide occasional medical services: first year

          1. 4. A visiting practitioner is entitled to provide occasional medical services...

       4. First provision of services: required documents

          1. 5. (1) A visiting practitioner who proposes to provide occasional medical...

          2. 6. (1) Subject to sub-paragraph (4), the evidence referred to in...

       5. Entitlement to provide occasional medical services after first year: renewals

          1. 7. (1) Sub-paragraph (2) applies where the Registrar receives the required...

       6. Duration of entitlement to provide occasional medical services

          1. 8. (1) Unless an entitlement under paragraph 4 or 7(4) is...

       7. Conditions

          1. 9. (1) Paragraph (2) applies if— (a) the establishment of a...

    4. SCHEDULE 3

       Registration: Supplementary Provisions

       1. Preliminary

          1. 1. (1) Subject to the following provisions of this Schedule, any...

       2. To which registrar application to be made

          1. 2. (1) The following applications shall be made to the registrar...

       3. Proof of qualifications

          1. 3. (1) Subject to sub-paragraph (2) below, a person making an...

          2. 4. A registrar shall not register any qualification, whether on first...

       4. Proof of nationality

          1. 4A. An exempt person (“A”) making an application for registration under...

       5. Acknowledgement of applications

          1. 4B. Where a person makes an application for registration under section...

       6. Duty to deal promptly with registration applications by specified state professionals

          1. 4C. On an application for the registration of a specified state...

       7. Time allowed for specified state professionals in relation to application process

          1. 4D. Where a specified state professional makes an application for registration...

       8. Issue of certificates of registration

          1. 5. (1) Subject to the foregoing provisions of this Schedule, on...

       9. Entry in or alteration of a register

          1. 6. (1) Without prejudice to sub-paragraph (2) below, the particulars stated...

       10. Visiting medical practitioners from relevant European States

           1. 7. (1) No application shall be required in respect of registration...

    5. SCHEDULE 3A

       Registration and Training Appeals

       1. 1. Interpretation

       2. 2. Appealable registration decisions

       3. 2A. Appealable decisions relating to postgraduate medical education and training

       4. 3. Notice of appealable registration decisions

       5. 4. Appeals from appealable registration decisions

       6. 5. Appeals from a Registration Appeals Panel

       7. 6. Notices

       8. 7. Extension of time for appealing

    6. SCHEDULE 3B

       Licence to Practise and Revalidation: Appeals

       1. 1. Manner of, and time for, appealing

       2. 2. Extension of time for appealing

       3. 3. Rules as to procedure and evidence

       4. 4. References to the Investigation Committee

       5. 5. Powers of Registration Appeal Panels disposing of an appeal

       6. 6. Successful appeals

       7. 7. Unsuccessful appeals

       8. 8. Further appeal to court against determination within paragraph 7

    7. SCHEDULE 4

       Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals

       1. Procedure of and evidence before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals

          1. 1. (1) Subject to the provisions of this paragraph, the General...

          2. 2. (1) For the purpose of proceedings in England or Wales...

          3. 3. Where— (a) several sittings of the Investigation Committee, a Medical...

       2. Reference and transfer of cases to the Investigation Committee

          1. 3A. (1) Where in the course of any proceedings before a...

       3. Reference and transfer of cases to the Health Committee

          1. 4. . . . . . . . . . ....

       4. Preliminary proceedings

          1. 5. . . . . . . . . . ....

       5. Professional performance assessments and health assessments

          1. 5A. (1) The General Council may make rules—

          2. 5B. (1) A justice of the peace (including, in Scotland, a...

          3. 5C. Knowledge of English Assessments

       6. Proceedings for erasure of entries fraudulently or incorrectly made

          1. 6. (1) The General Council shall make rules with respect to...

       7. Legal assessors

          1. 7. (1) For the purposes of advising— (a) the Investigation Committee...

       8. Case managers

          1. 7A. (1) For the purpose of conducting the management of cases...

       9. Service of notifications of decisions

          1. 8. (1) This paragraph applies to any notice required to be...

       10. Extension of time for appealing

           1. 9. Where— (a) any notice required by section 35E(1) or 39(2)...

       11. Taking effect of directions for erasure, suspension or conditional registration and of variations of conditions of registration

           1. 10. (1) A direction for erasure, for suspension or for conditional...

           2. 10A. (1) A direction for suspension or for conditional registration given...

           3. 10B. (1) A direction for suspension or for conditional registration given...

           4. 11. (1) If, while a person’s registration is suspended under section...

       12. Recording of directions for suspension or conditional registration

           1. 12. Where a direction under section 35D of this Act or...

       13. Meaning of “party”

           1. 13. In this Schedule “party”, in relation to proceedings before the...

    8. SCHEDULE 4A

       Directive 2005/36: functions of the General Council under section 49B(3)

    9. SCHEDULE 5

       Consequential Amendments of Enactments

       1. 1. . . . . . . . . . ....

       2. Mental Health Act 1959

          1. 2. In the definition of “medical practitioner” in section 147(1) of...

       3. Mental Health (Scotland) Act 1960

          1. 3. In the definition of “medical practitioner” in section 111(1) of...

          2. 4. . . . . . . . . . ....

       4. Medicines Act 1968

          1. 5. In section 132(1) of the Medicines Act 1968 for the...

       5. Mines Act (Northern Ireland) 1969

          1. 6. In section 158(1) of the Mines Act (Northern Ireland) 1969,...

       6. Nurses and Midwives Act (Northern Ireland) 1970

          1. 7. In section 54(1) of the Nurses and Midwives Act (Northern...

       7. Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971

          1. 8. In section 20 of the Nursing Homes and Nursing Agencies...

       8. Misuse of Drugs Act 1971

          1. 9. In section 37(1) of the Misuse of Drugs Act 1971...

       9. Health and Personal Social Services (Northern Ireland) Order 1972

          1. 10. In Article 2(2) of the Health and Personal Social Services...

       10. Finance Act 1972

           1. 11. In the Finance Act 1972— (a) in Schedule 4 in...

       11. Poisons Act 1972

           1. 12. In section 11(2) of the Poisons Act 1972 for the...

       12. Births and Deaths Registration (Northern Ireland) Order 1976

           1. 13. In Article 2(2) of the Births and Deaths Registration (Northern...

       13. Pharmacy (Northern Ireland) Order 1976

           1. 14. In Article 23 of the Pharmacy (Northern Ireland) Order 1976...

       14. Poisons (Northern Ireland) Order 1976

           1. 15. In Article 2(2) of the Poisons (Northern Ireland) Order 1976,...

       15. National Health Service Act 1977

           1. 16. In the National Health Service Act 1977—

       16. National Health Service (Scotland) Act 1978

           1. 17. In the National Health Service (Scotland) Act 1978—

       17. Interpretation Act 1978

           1. 18. In Schedule 1 to the Interpretation Act 1978, in the...

           2. 19. . . . . . . . . . ....

    10. SCHEDULE 6

        Transitional and Saving Provisions

        1. 1. Where any period of time specified in an enactment repealed...

        2. 2. Where, apart from this paragraph, anything done under or for...

        3. 3. Notwithstanding the repeal by this Act of section 57(3) of...

        4. 4. The repeal of section 4 of the 1978 Act by...

        5. 5. Nothing in the repeals made by this Act shall affect...

        6. 6. References in any enactment, instrument or other document passed or...

        7. 7. References (however worded) to the general register kept for the...

        8. 8. The reference in section 31(8) of this Act to a...

        9. 9. A person who immediately before the commencement of section 11...

        10. 10. Any reference to infamous conduct in any professional respect in...

        11. 11. (1) In any enactment passed before 1st January 1979 the...

        12. 12. Any direction given or order made under sections 32 to...

        13. 13. Any reference in any instrument to the Disciplinary Committee or...

        14. 14. Nothing in the transfer of functions which was effected by...

        15. 15. In relation to any person who was provisionally registered under...

        16. 16. The decisions within section 29(2) of this Act shall include...

        17. 17. Section 41 of this Act applies to a person whose...

        18. 18. Until provision is made with respect to proceedings before the...

        19. 19. Section 53 of this Act shall apply to a copy...

        20. 20. (1) A person registered under section 23 of the 1956...

        21. 21. The re-enactment in paragraph 2(2) of Schedule 1 to this...

        22. 22. Nothing in this Act shall affect the validity of the...

        23. 23. (1) Nothing in this Act shall affect the registration of...

        24. 24. (1) Where immediately before the commencement of this Act paragraph...

    11. SCHEDULE 7

        1. Part I Enactments Repealed

        2. Part II Revocation