General Medical Services Regulations (Northern Ireland) 1997

Removal from the medical list

6.—(1) Where a Board determines that a doctor whose name has been included in the medical list—

(a) has died;

(b) is no longer a doctor; or

(c) is the subject of a direction given by the Professional Conduct Committee under section 36 of the Medical Act 1983 (erasure of name from the register or suspension of registration) or of an order made by that Committee under section 38(1) of that Act (immediate suspension),

it shall remove his name from the medical list with effect from the date of its determination or, where sub-paragraph (c) applies, the date on which the direction or order takes effect, if that date is later than the date of the Board’s determination.

(2) Where a Board determines, in accordance with paragraphs (3) and (4), that a doctor whose name has been included in the medical list for the preceding 6 months has not, during that period, provided any general medical services personally, it may remove his name from the medical list.

(3) In calculating the period of 6 months referred to in paragraph (2), a Board shall disregard—

(a) any period during which the doctor provided no general medical services by reason only that his registration as a medical practitioner was suspended as mentioned in Article 56(4C) of the Order(1) (suspension by direction or order of the Health Committee or by interim order of the Preliminary Proceedings Committee);

(b) any period during which the doctor was performing relevant service; and

(c) any period during which the doctor was suspended by direction of the Tribunal.

(4) Before making any determination under paragraph (2), a Board shall—

(a) give the doctor 28 days' notice of its intention;

(b) afford the doctor an opportunity of making representations to the Board in writing or, if he so wishes, in person; and

(c) consult the Local Medical Committee.

(5) Where under paragraph (2) a Board determines to remove a doctor’s name from the medical list, it shall give notice in writing of its determination to the doctor, together with the reasons for it, and inform him of his right of appeal under paragraph (6).

(6) A doctor to whom a notice has been given under paragraph (5) may, within 21 days of receipt of the notice, appeal to the Department against the decision of the Board, and the Board shall not remove the doctor from the medical list until—

(a) if no appeal is made, the expiration of the period of 21 days; or

(b) if an appeal is made, the appeal is determined.

(7) An appeal under paragraph (6) shall be made in writing and shall set out the grounds of appeal.

(8) On any appeal pursuant to paragraph (6), the Department may hold an oral hearing of the appeal and in such a case shall—

(a) appoint one or more persons to hear the appeal who shall report to it on the appeal; and

(b) not less than 14 days before the date fixed for the hearing, give notice in writing to the appellant and to the Board.

(9) Where, pursuant to paragraph (8), the Department holds an oral hearing on an appeal, the appellant and the Board may be represented by counsel, solicitor or any other person.

(10) Where the Department allows the appeal, it shall direct the Board not to remove the doctor’s name from the medical list.

(11) A Board shall remove from the medical list the name of any doctor who has attained the age of 70 years, with effect from the date on which he attained that age.

(12) The Board shall give to any doctor whose name is to be removed from the medical list in accordance with paragraph (11)—

(a) notice in writing to that effect not less than 12 months nor more than 13 months before the date on which his name is to be removed; and

(b) a further such notice not less than 3 months nor more than 4 months before that date,

but the failure to give notice to any doctor as required by sub-paragraph (a) or (b) shall not prevent the removal of that doctor’s name from the medical list in accordance with paragraph (11).

(1)

Article 56(4C) was inserted by Article 7 of S.I. 1986/2229 (N.I. 24)