Part IIThe Medical List

Variation of conditions14

1

A doctor whose name is included in the medical list may apply, in accordance with paragraph (2), for the variation of any condition—

a

imposed in relation to him by the Board under regulation 13; or

b

specified in relation to him by the Department on the determination of any appeal from a decision by the Board.

2

An application for the purposes of paragraph (1) shall be made in writing to the Board and shall include the information specified in Part IV of Schedule 3.

3

On consideration of an application under this regulation the Board—

a

in determining the application—

i

may refuse to vary the condition in question; or

ii

may vary the condition by imposing in relation to the doctor such other condition mentioned in regulation 13 as has been requested in the application;

b

shall give notice of its decision in writing to the doctor; and

c

where it has varied a condition under head (ii) of sub-paragraph (a), shall amend the medical list accordingly.

4

Where the Board refuses under paragraph (3)(a)(i) to vary a condition it shall, when it gives notice to the doctor of its decision—

a

include with the notice a statement of the reasons for its decision; and

b

advise the doctor in writing of his right of appeal under paragraph (5).

5

A doctor may appeal to the Department against the refusal of the Board to vary a condition under this regulation and—

a

paragraphs (2) to (9) of regulation 15 shall apply to the making and determination of any such appeal; and

b

where the Department allows such an appeal, it shall remit the application to that Board for reconsideration, and regulation 15(11) shall apply in that event.