The Medical Profession (Miscellaneous Amendments) Order 2008

Amendment of section 29J

16.—(1) Amend section 29J (miscellaneous) as follows.

(2) For subsection (2) substitute—

“(2) Any sum payable by a medical practitioner under subsection (1) above—

(a) may be recovered by the General Council; or

(b) where regulations by virtue of subsection (2B) below are in force, may instead be recovered by a prescribed person or body in such cases or circumstances, and to such extent, as may be prescribed.

(2A) In England and Wales or Northern Ireland, any such sum shall be recoverable summarily as a civil debt.

(2B) Regulations under section 29A above may specify requirements to be satisfied by medical practitioners (or medical practitioners of a prescribed description) by reference to standards which are—

(a) set by a prescribed person or body (“C”); and

(b) endorsed by the General Council.

(2C) If regulations under section 29A above make provision by virtue of subsection (2B), they may also—

(a) provide for C to carry out revalidation of any medical practitioner to whom the regulations apply;

(b) require a medical practitioner or any other person (including another medical practitioner) to provide any evidence, information or document which C may reasonably request for or in connection with revalidation of a medical practitioner;

(c) provide for the powers of a licensing authority in section 29E(1)(a) to (e) above to be exercisable in relation to a medical practitioner in connection with any refusal or failure by the practitioner to provide C with such information;

(d) make provision equivalent to section 29E(5) to (9) above as to the disclosure of such information to C (with appropriate modifications);

(e) provide for C to make reports and recommendations to the licensing authority about a medical practitioner in connection with revalidation by C; and

(f) make other provision as to the procedure to be followed for or in connection with revalidation by C.

(2D) Nothing in subsection (2C) permits regulations to be made giving C power to make any decision as to—

(a) a medical practitioner holding, or continuing to hold, a licence to practise; or

(b) the making of any change to the General Practitioner Register or the Specialist Register in respect of a medical practitioner.”.

(3) At the end of subsection (3) insert “or different areas”.