Medical Act 1983

1983 CHAPTER 54

An Act to consolidate the Medical Acts 1956 to 1978 and certain related provisions, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[26th July 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)

Part IU.K. Preliminary

The General Medical CouncilU.K.

1 The General Medical Council.U.K.

(1)There shall continue to be a body corporate known as the General Medical Council (in this Act referred to as “the General Council”) having the functions assigned to them by this Act.

[F1(1A)The main objective of the General Council in exercising their functions is to protect, promote and maintain the health and safety of the public.]

[F2(2)The General Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1 to this Act.]

[F3(3)The General Council shall have the following committees—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)one or more Interim Orders Panels,

(c)one or more [F5Registration Panels],

(d)one or more Registration Appeals Panels,

(e)the Investigation Committee,

(f)one or more Fitness to Practise Panels,

constituted in accordance with Part III of Schedule 1 to this Act and having the functions assigned to them by or under this Act.

(3A)The committees of the General Council specified in [F6paragraphs (c), (d) and (e)] of subsection (3) above are referred to in this Act as “the statutory committees”.]

(4)Schedule 1 to this Act shall have effect with respect to the General Council, its branch councils and committees, its proceedings, its officers and its accounts.

Textual Amendments

F1S. 1(1A) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(b), 3 (with transitional provisions in Sch. 2)

F3S. 1(3)(3A) substituted for s. 1(3) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 5(2) (with Sch. 2)

F5Words in s. 1(3)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(1)(a)

2 Registration of medical practitioners.U.K.

(1)There shall continue to be kept by the registrar of the General Council (in this Act referred to as “the Registrar”) [F7a register] of medical practitioners registered under this Act containing the names of those registered and the qualifications they are entitled to have registered under this Act.

(2)The [F8register referred to is] “the register of medical practitioners” consisting of [F9the following lists]—

(a)the principal list,

[F10(aa)if anyone is registered under section 18A, the emergency powers doctors list,]

F11(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the visiting overseas doctors list, and

[F12(d)the list of visiting medical practitioners from relevant European States]

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Medical practitioners shall be registered as fully registered medical practitioners or provisionally F14... as provided in Parts II and III of this Act and in the appropriate list of the register of medical practitioners F15... as provided in Part IV of this Act.

[F16(4)Section 35C(2)(da) (the necessary knowledge of English) shall not apply in determining whether a person’s fitness to practise is impaired for the purposes of registration under this Act.]

Textual Amendments

F7Words in s. 2(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 4(a) (with arts. 84, 85)

F8Words in s. 2(2) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 4(b)(i) (with arts. 84, 85)

F11S. 2(2)(b) omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 9(1)(b) (with Sch. 2)

F13Words in s. 2(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 4(b)(ii) (with arts. 84, 85)

F14Words in s. 2(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 4(c)(i) (with arts. 84, 85)

F15Words in s. 2(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 4(c)(ii) (with arts. 84, 85)

Part IIU.K. Medical Education and Registration: Persons Qualifying in the United Kingdom and Elsewhere in the EEC.

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

(1)Subject to the provisions of this Act any person [F17whose fitness to practise is not impaired and] who—

[F18(a)holds one or more primary United Kingdom qualifications and has satisfactorily completed an acceptable programme for provisionally registered doctors; or]

(b)being a national of [F19any relevant European State], holds one or more primary European qualifications,

is entitled to be registered under this section as a fully registered medical practitioner.

(2)Any person who—

(a)is not a national of [F20a relevant European State]; but

[F21(b)is, by virtue of an enforceable [F22EU] right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State,]

shall be treated for the purposes of subsection (1)(b) above as if he were such a national.

F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Words in s. 3(1) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 45

F18S. 3(1)(a) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 20

4 Qualifying examinations and primary United Kingdom qualifications.U.K.

[F24(1)Subject to the provisions of this Part of this Act, a qualifying examination for the purposes of this Part of this Act is an examination held for the purpose of granting one or more primary United Kingdom qualifications by any one of the bodies or combinations of bodies in the United Kingdom which are included in a list maintained by the General Council of the bodies and combinations of bodies entitled to hold such examinations.

(1A)The General Council may from time to time amend the list.

(1B)The list maintained under subsection (1) shall be published in such manner as the General Council see fit.

(1C)The General Council shall only include in the list maintained under subsection (1) bodies or combinations of bodies that require from candidates at examinations a standard of proficiency that conforms to the prescribed standard of proficiency.

(1D)If the General Council have formed the provisional opinion that a body or combination of bodies included in the list maintained under subsection (1) should be removed from the list, they shall notify that opinion in writing to the body or combination of bodies concerned and shall allow them a reasonable opportunity to respond before determining whether or not to remove the body or combination of bodies from the list.]

(3)In this Act “primary United Kingdom qualification” means any of the following qualifications, namely—

(a)the degree of bachelor of medicine or bachelor of surgery granted by [F25a body or combination of bodies included in the list maintained under subsection (1)];

(b)licentiate of the Royal College of Physicians of London [F26or the Royal College of Surgeons of England] or the Royal College of Physicians of Edinburgh or the Royal College of Surgeons of Edinburgh or the Royal College (formerly Royal Faculty) of Physicians and Surgeons of Glasgow;

(c)membership of the Royal College of Surgeons of England [F26granted before the coming into force of section 1 of the Medical Qualifications (Amendment) Act 1991];

(d)licentiate in medicine and surgery of the Society of Apothecaries of London.

(4)Any two or more of the [F27bodies and combinations of bodies included in the list maintained under subsection (1)] may, with the approval and under the directions of [F28the General Council], unite or co-operate in conducting examinations held for the purpose of granting primary United Kingdom qualifications.

[F29(4A)If a body or combination of bodies is removed from the list maintained under subsection (1), primary United Kingdom qualifications granted by that body or combination of bodies during the period in respect of which it was on the list are still to be considered primary United Kingdom qualifications after that removal.]

F30(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5 General functions of [F28the General Council] in relation to medical education in the United Kingdom.U.K.

(1)[F28The General Council] shall have the general function of promoting high standards of medical education and co-ordinating all stages of medical education.

(2)For the purpose of discharging that function [F28the General Council] shall—

(a)determine the extent of the knowledge and skill which is to be required for the granting of primary United Kingdom qualifications and secure that the instruction given [F31in or under the direction of bodies or combinations of bodies] in the United Kingdom to persons studying for such qualifications is sufficient to equip them with knowledge and skill of that extent;

(b)determine the standard of proficiency which is to be required from candidates at qualifying examinations and secure the maintenance of that standard; and

[F32(c)discharge their functions under section 10A below in respect of programmes for provisionally registered doctors.]

[F33(2A)In making the determinations required by [F34subsection (2)(a) or (b) above or discharging their functions mentioned in subsection (2)(c) above,] [F28the General Council] shall secure that the requirements of [F35article 24 of the Directive (basic medical training)] are satisfied.

F36(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

[F37(3)Determinations of [F28the General Council] under subsection (2)(a) or (b) above shall be published in such manner as they see fit.

(3A)Such determinations—

(a)are binding on [F38bodies or combinations of bodies] concerned with medical education as regards the matters to which they relate; and

(b)accordingly, those [F38bodies or combinations of bodies] must act in accordance with them as regards the matters to which they relate.]

(4)In this Act—

Textual Amendments

F32S. 5(2)(c) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(a)

F33S. 5(2A)(2B) inserted (10.7.1996) by S.I. 1996/1591, reg. 3(2)

F34Words in s. 5(2A) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(b)

F37S. 5(3)(3A) substituted for s. 5(3) (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(c)

F40Words in s. 5(4) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(d)(i)

F41Words in s. 5(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(d)(ii)

F42Words in s. 5(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(d)(iii)

6 Further powers of [F28the General Council].U.K.

(1)A [F43body or combination of bodies] in the United Kingdom granting any primary United Kingdom qualification or any additional qualification for the time being registrable under section 16 below shall from time to time, when so required by [F28the General Council], furnish [F44the General Council] with such information as [F44the General Council] may require as to—

(a)the courses of study and examinations to be gone through in order to obtain the qualification;

(b)the ages at which such courses of study and examinations are required to be gone through;

(c)the age at which the qualification is granted; and

(d)generally the requisites for obtaining the qualification.

(2)For the purpose of securing the maintenance of the prescribed standard of proficiency [F28the General Council] may appoint such number of inspectors as they may determine, and the inspectors shall attend, as [F44the General Council] may direct, all or any of the qualifying examinations held by any [F45body or combination of bodies included in the list maintained under section 4(1)].

(3)Any person deputed for the purpose by [F28the General Council] may attend and be present at any examination held in the United Kingdom which has to be gone through in order to obtain a primary United Kingdom qualification or any additional qualification for the time being registrable under section 16 below.

(4)Inspectors appointed under subsection (2) above shall not interfere with the conduct of any examination, but it shall be their duty to report to [F28the General Council] their opinion as to the sufficiency of every examination which they attend, and any other matters relating to such examinations which [F44the General Council] may require them to report.

(5)[F28The General Council] shall forward a copy of every report of the inspectors to the body or each of the bodies who held the examination to which the report relatesF46....

Textual Amendments

7 Power to appoint visitors of medical schools.U.K.

(1)[F28The General Council] may appoint persons to visitF47... places where instruction is given to medical students under the direction of any [F48body or combination of bodies included in the list maintained under section 4(1)].

(2)It shall be the duty of visitors appointed under subsection (1) above to report to [F28the General Council] as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by [F44the General Council] either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.

(3)On the receipt of any report of a visitor under subsection (2) above [F28the General Council] shall send a copy of the report to the [F49body or combination of bodies] under whose direction the instruction is given, and on the receipt of the copy that body [F50or combination of bodies] may, within such period of not less than one month as [F44the General Council] may have specified at the time they sent the copy of the report, make to [F44the General Council] observations on the report or objections to it.

F51(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F528 Power to add further qualifying examinations.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F539 Powers of Privy Council where standards not maintained.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5410 Experience required for full registration by virtue of primary United Kingdom qualifications.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54S. 10 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23 (with transitional provisions in S.I. 2007/1886, arts. 1(1), 2)

[F5510AProgrammes for provisionally registered doctorsU.K.

(1)For the purposes of this Act, “acceptable programme for provisionally registered doctors” means a programme that is for the time being recognised by [F56the General Council] as providing a provisionally registered person with an acceptable foundation for future practice as a fully registered medical practitioner.

(2)In connection with recognising programmes for provisionally registered doctors as mentioned in subsection (1) above, [F57the General Council] may determine—

(a)the duration of a programme for provisionally registered doctorsF58...;

(b)the bodies that may provide, arrange for the provision of or be responsible for programmes for provisionally registered doctors and (where different) the bodies by whom a person is to be employed or engaged while he is participating in a programme for provisionally registered doctors;

(c)the content and standard of programmes for provisionally registered doctors;

(d)activities which a person is, or is not, to engage in as part of or while participating in a programme for provisionally registered doctors;

(e)the arrangements for certification that a person has satisfactorily completed a programme for provisionally registered doctors, including—

(i)determining the bodies that may certify that a person has satisfactorily completed a programme for provisionally registered doctors,

(ii)determining assessment arrangements and the standards required for certification, and

(iii)determining the form of the certificate of experience to be awarded on satisfactory completion of a programme for provisionally registered doctors; and

(f)arrangements for a person with a disability not to be disadvantaged unfairly by the disability when participating in a programme for provisionally registered doctors.

F59(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Determinations of [F60the General Council] under subsection (2) above shall be published in such manner as they see fit.

(5)Such determinations—

(a)are binding on bodies concerned with programmes for provisionally registered doctors as regards the matters to which they relate; and

(b)accordingly, those bodies must act in accordance with them as regards the matters to which they relate.

F61(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purpose of—

(a)determining whether any programme for provisionally registered doctors should for the time being be recognised; or

(b)making any determination in connection with a body mentioned in subsection (2),

[F62the General Council] may appoint persons to consider programmes for provisionally registered doctors, to visit the bodies mentioned in subsection (2) and to report to [F62the General Council] on those programmes and those bodies.

(8)If [F63the General Council] have formed the provisional opinion—

(a)that a programme for provisionally registered doctors that has been recognised by them should no longer be recognised by them, they shall notify that opinion in writing to any body, mentioned in subsection (2), that is connected with that programme and shall allow that body a reasonable opportunity to respond before determining whether or not to end their recognition of that programme; or

(b)that a determination under subsection (2)(b) or (e)(i) should be revoked, they shall notify that opinion in writing to the body in respect of whom the determination was made and shall allow that body a reasonable opportunity to respond before determining whether or not to revoke that determination.]

Textual Amendments

F55S. 10A inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 24

F6411 Provisions supplementary to s. 10, etc.E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64S. 11 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23

F6512 Special provisions as to employment in health centres.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65S. 12 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23

F6613 Power to appoint visitors of approved hospitals.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66S. 13 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23

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

[F67(1)On an application made to them by a person to whom this section applies, the General Council may direct that, as an alternative to the satisfactory completion of an acceptable programme for provisionally registered doctors, it shall be sufficient for the applicant to satisfy the General Council that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors.]

(2)This section applies to any person who claims registration under section 3 above and—

(a)claims such registration by virtue of a qualification granted before 1st January 1953; or

(b)is the holder of a primary United Kingdom qualification and also of a qualification granted outside the United Kingdom which is recognised by the General Council for the purposes of this section as furnishing a sufficient guarantee of the possession of knowledge and skill corresponding with the prescribed knowledge and skill.

[F68(3)In giving directions under subsection (1) above in the case of applicants falling within paragraph (b) of subsection (2) above, the General Council shall have regard to the requirements of [F69article 24 of the Directive (basic medical training)].]

Textual Amendments

F67S. 14(1) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 25

F68S. 14(3) inserted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 5

[F7014AFull registration of EEA nationals etc without certain acquired rights certificatesU.K.

(1)A person who is a national of a relevant European State—

(a)whose case falls within regulation 3(9)(a) of the General Systems Regulations,

(b)to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations,

(c)who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

(d)whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.

(2)Any person who—

(a)is not a national of a relevant European State; but

(b)is, by virtue of any enforceable [F22EU] right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1) as if he were such a national.]

Textual Amendments

[F7115 Provisional registration.U.K.

(1)This section shall have effect for enabling persons wishing to complete an acceptable programme for provisionally registered doctors to participate in such a programme.

(2)A person shall be entitled to be registered provisionally under this section if—

(a)he has not satisfactorily completed an acceptable programme for provisionally registered doctors; but

(b)apart from that he would be entitled to be registered under section 3 above.

(3)A person provisionally registered under this section shall be deemed to be registered under section 3 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F71S. 15 substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 26

[F7215AProvisional registration for EEA nationals [F73etc] U.K.

(1)This section shall have effect for enabling a national of [F74a relevant European State] to be employed for the purpose of enabling him to acquire the clinical experience under appropriate supervision which he needs in order to obtain a primary European qualification.

(2)A national of [F75a relevant European State] who, but for the acquisition of suitable clinical experience, has completed the training required for a primary European qualification, shall be entitled to be registered provisionally under this section [F76if his fitness to practise is not impaired].

(3)Any person who—

(a)is not a national of [F77a relevant European State]; but

(b)is, by virtue of [F78any enforceable [F22EU] right], entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

shall be treated for the purposes of subsections (1) and (2) as if he were such a national.

(4)Subsection (3) of section 15 above shall apply for the purposes of this section as it applies for the purposes of that.

(5)For the purposes of subsection (2), a person has completed the training required for a primary European qualification, but for the acquisition of suitable clinical experience, where he has obtained a medical degree which guarantees that he has fulfilled the requirements of [F79paragraph 3(a), (b) and (c) of article 24 of the Directive (basic medical training)].]

Textual Amendments

F72S. 15A inserted (4.12.2000) by S.I. 2000/3041, reg. 3

F76Words in s. 15A(2) added (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 46

16 Registration of qualifications.U.K.

(1)A person registered under [F80section 3, [F8114A,] 15 or 15A] above [F82or 18A below] shall be entitled to have registered [F83any primary United Kingdom] qualification or qualifications or primary European qualification or qualifications which he holds when he is so registered and also—

(a)any other primary United Kingdom qualification or qualification specified in [F84Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)] which he obtains after registration;

(b)subject to subsection (3) below, any additional qualification which [F28the General Council] determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c)any F85. . . qualification which is for the time being registrable by virtue of section 26(1)(b) below which he holds when he is registered or obtains thereafter.

(2)In this Act “additional qualification” means any qualification granted in [F86a relevant European State] other than a primary United Kingdom qualification or a qualification specified in [F87Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)].

(3)If [F28the General Council] determine that any such qualification as is mentioned in paragraph (b) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

Textual Amendments

F80Words in s. 16(1) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(1)

F85Words in s. 16(1)(c) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(2) (with transitional provisions in Sch. 2)

[F8817 Primary qualifications obtained in other [F89relevant European States].U.K.

(1)A primary European qualification for the purposes of this Part of this Act is any of the following obtained in [F90a relevant European State] other than the United Kingdom, namely—

[F91(a)a qualification listed in Annex V, point 5.1.1 of the Directive which was obtained in a relevant European State on or after the reference date and is not evidence of training commenced by the holder before that date, provided that that qualification is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”;

(b)subject to compliance with subsection (2) below, a qualification listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;

(ba)subject to compliance with subsection (2A) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained on or after the reference date and is not evidence of training commenced by the holder before that date;

(c)subject to compliance with subsection (3) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;]

(d)subject to compliance with subsection (4) below, a qualification which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.

[F92(e)subject to compliance with subsection (4A) below, a qualification which—

(i)is evidence of training commenced before the date specified in column (a) of the table in that subsection and undertaken on the territory specified in the corresponding entry in column (b) of that table, or

(ii)was awarded by [F93the former state] specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).]

[F94(2)For compliance with this subsection in the case of any qualification, either—

(a)evidence of the qualification must be—

(i)such that the Registrar is satisfied (by means of a certificate of a competent authority of the relevant European State in which it was obtained or otherwise) that it accords with the standards laid down by article 24 of the Directive (basic medical training), and

(ii)accompanied, where appropriate, by the certificate listed in relation to the State in which the qualification was obtained in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; or

(b)evidence of the qualification must be accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in medical practice in that State for at least three consecutive years during the five years preceding the date of the certificate.

(2A)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of a competent authority of the relevant European State in which it was obtained to the effect that—

(a)it is evidence of training which satisfies the requirements of article 24 of the Directive; and

(b)it is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.1 of the Directive.

(3)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate such as is described in—

(a)subsection (2)(b); or

(b)subsection (2A).]

(4)For compliance with this subsection in the case of any qualification—

(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate of [F95a competent authority of Germany] or otherwise) that the holder is entitled by virtue of it to engage in medical practice throughout the territory of Germany on the same conditions as the holder of a German qualification listed in [F96Annex V, point 5.1.1 of the Directive]; and

(b)evidence of it must be accompanied by a certificate of [F97a competent authority of Germany] that the holder has effectively and lawfully been engaged in actual medical practice in Germany for at least 3 consecutive years during the 5 years preceding the date of the certificate.

[F98(4A)For compliance with this subsection in the case of any qualification—

(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate from [F99a competent authority of the relevant European State] specified in the appropriate row of column (c) of the table below) that that qualification has, on its territory, the same legal validity as regards access to and practice of the medical profession as the qualification listed in relation to that State in [F100Annex V, point 5.1.1 of the Directive]; and

(b)evidence of it must be accompanied by a certificate from [F101a competent authority of that State] stating that the holder has effectively and lawfully been engaged in the activity in question on the territory of that State for at least 3 consecutive years during the 5 years preceding the date of issue of that certificate.

Column (a)Column (b)Column (c)
1st January 1993Former CzechoslovakiaCzech Republic
1st January 1993Former CzechoslovakiaSlovakia
20th August 1991Former Soviet UnionEstonia
21st August 1991Former Soviet UnionLatvia
11th March 1990Former Soviet UnionLithuania
25th June 1991 [F102Former Yugoslavia]Slovenia]
[F1038th October 1991 Former YugoslaviaCroatia]

F104(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F105(6)In this section, “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.1 of the Directive.]]

Textual Amendments

F88S. 17 substituted (10.7.1996) by S.I. 1996/1591, reg. 4(1)

[F10618Visiting medical practitioners from relevant European StatesU.K.

Schedule 2A to this Act (visiting medical practitioners from relevant European States) shall have effect.]

Textual Amendments

[F10718A.Temporary registration with regard to emergencies involving loss of human life or human illness etc.U.K.

(1)If the Secretary of State advises the Registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this section, the Registrar may register under this section—

(a)a person as a fully registered medical practitioner, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a fully registered medical practitioner with regard to the emergency; or

(b)the persons comprising a specified group of persons as fully registered medical practitioners, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as fully registered medical practitioners with regard to the emergency.

(2)The Registrar may register under this section by virtue of subsection (1)(b) all of the persons comprising a specified group of persons without first identifying each person in the group.

(3)The registration of a person under this section is subject to such conditions as the Registrar may specify, and the Registrar may at any time vary the conditions to which a person’s registration under this section is subject (including by adding to the conditions or revoking any conditions).

(4)The registration of any person registered under this section by virtue of subsection (1)(b) as one of a specified group may be subject to the same conditions as the registration of other members of the group, or it may be subject to different conditions.

(5)A person’s registration under this section shall cease to have effect if revoked by the Registrar, which—

(a)the Registrar must do if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in subsection (1) no longer exist;

(b)the Registrar may do for any other reason at any time, including where the Registrar has grounds for suspecting that the person’s fitness to practise may be impaired.

(6)The registration of a person registered under this section by virtue of subsection (1)(b) as one of a specified group may be revoked without revoking the registration of the other members of the group, or it may be revoked by virtue of a decision to revoke the registration of all the members of the group.

(7)Part 5 of this Act, apart from sections 35, 35A(1) and (4) to (8) and 35B(2) and (3), shall not apply to persons registered under this section.

(8)If a person breaches any condition to which the person’s registration under this section is subject, anything done by the person in breach of that condition is to be treated as not being done by a registered medical practitioner.

(9)For the purposes of this section, “emergency” means an emergency of the type described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section.]

Textual Amendments

Part IIIU.K. Registration of Persons Qualifying Overseas

[F10819 Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.U.K.

(1)Where an exempt person satisfies the Registrar—

(a)that he holds[F109, or has passed all the qualifying examinations necessary for obtaining,] an acceptable overseas qualification other than a primary European qualification;

[F110(aa)that, where—

(i)that qualification was, or would have been, granted otherwise than in a relevant European State, and

(ii)that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

the qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training);]

[F111(b)that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors; and]

[F112(c)that his fitness to practise is not impaired,]

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

[F113(1A)Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.]

[F114(2)In this Act “exempt person” means a person who—

(a)is a national of a relevant European State other than the United Kingdom;

(b)is a national of the United Kingdom who is seeking access to, or is pursuing, the medical profession by virtue of an enforceable [F22EU] right; or

(c)is not a national of a relevant European State, but is, by virtue of an enforceable [F22EU] right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State.]

(3)In determining an application by any person for registration under this section, the General Council shall take into account—

[F115(a)if the applicant holds a medical qualification which was granted otherwise than in a relevant European State, but has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a medical practitioner in that State, the acceptance of that qualification; and]

(b)all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application.

F116(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F108S. 19 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)((d), {6(2)} (with transitional provisions in Sch. 2)

F109Words in s. 19(1)(a) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(a)(i)

F111S. 19(1)(b) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(a)(ii)

F112S. 19(1)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 47

F116S. 19(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(b)

[F11719AFull registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United KingdomU.K.

An exempt person—

(a)whose case falls within regulation 3(9)(e) of the General Systems Regulations,

(b)to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations,

(c)who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

(d)whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.]

Textual Amendments

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

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118S. 20 omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(3) (with transitional provisions in Sch. 2)

21 Provisional registration [F119of EEA nationals etc. with certain overseas qualifications].U.K.

[F120(1)The following provisions shall have effect for enabling persons wishing to satisfy the Registrar of the matters specified in section 19(1)(b) above to participate in an acceptable programme for provisionally registered doctors.]

(2)A person who satisfies the Registrar of the matters specified in paragraphs (a) [F121, (aa)] F122. . . and (c) of section 19(1) above may apply to the General Council to be registered provisionally under this section and, if the Council think fit so to direct, that person shall be so registered.

[F123(2A)Subsection (3) of section 19 above applies in relation to an application for registration under this section as it applies in relation to an application for registration under that section.]

[F124(3)A person provisionally registered under this section shall be deemed to be registered under section 19 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F119Words in s. 21 heading added (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28

F120S. 21(1) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28(a)

F122Words in s. 21(2) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(4)(b) (with transitional provisions in Sch. 2)

F123S. 21(2A) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(4)(c) (with transitional provisions in Sch. 2)

F124S. 21(3) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28(b)

F12521A Full registration for eligible specialists and qualified general practitionersU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F125S. 21A omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(1)

[F12621BFull registration of persons with an overseas qualificationU.K.

(1)Where a person satisfies the Registrar—

(a)that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b)that he possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom;

(c)that his fitness to practise is not impaired; F127...

(d)unless he is an exempt person, that he has the necessary knowledge of English, [F128and

(e)that, where—

(i)the person is an exempt person,

(ii)his acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and

(iii)that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training),]

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(2)In this Act, an “acceptable overseas qualification” means any qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

Textual Amendments

F126Ss. 21B, 21C inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(2) (with art. 86)

21CProvisional registration of persons with an overseas qualificationU.K.

(1)The following provisions shall have effect for enabling persons wishing to participate in programmes for provisionally registered doctors in order to be able to satisfy the Registrar, in accordance with section 21B(1)(b), that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

(2)A person who satisfies the Registrar—

[F129(a)of the matters specified in paragraphs (a), (c), (d) and (e) of subsection (1) of section 21B above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection; and]

(b)that he possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

may apply to the General Council to be provisionally registered under this section and, if the Council think fit so to direct, that person shall be so registered.

(3)A person provisionally registered under this section shall be deemed to be registered under section 21B above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F126Ss. 21B, 21C inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(2) (with art. 86)

F13022 Limited registration of persons by virtue of overseas qualifications.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F130S. 22 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F13123 Limited registration: supplementary provisions.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131S. 23 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F13224 Limited registration: erasure.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F132S. 24 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F13325 Full registration of persons with limited registration.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F133S. 25 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

26 Registration of qualifications.U.K.

(1)A person registered under section [F13419, [F13519A,] [F13621, 21B or 21C]] above shall be entitled to have registered the [F137acceptable overseas qualification] which he holds when he is so registered and also—

F138(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F139subject to subsection (3) below, any overseas qualification] which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c)subject to subsection (3) below, any additional qualification which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter; and

(d)any primary United Kingdom qualification or primary European qualification which he holds when he is registered or obtains thereafter.

F140(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the General Council determine that any such qualification as is mentioned in paragraph (b) or (c) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

Textual Amendments

F134Words in s. 26(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(i) (with transitional provisions in Sch. 2)

F136Words in s. 26(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 36

F137Words in s. 26(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(ii) (with transitional provisions in Sch. 2)

F138S. 26(1)(a) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(iii) (with transitional provisions in Sch. 2)

F139Words in s. 26(1)(b) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(iv) (with transitional provisions in Sch. 2)

F140S. 26(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 6

[F14127ATemporary registration for visiting eminent specialistsU.K.

(1)A person who is an eminent specialist in a particular branch of medicine and who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services within that branch of medicine may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2)If the person referred to in subsection (1) satisfies the Registrar—

(a)that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b)that he is entitled to practise medicine in the State where he is ordinarily resident;

(c)that he is or will be employed or engaged within the United Kingdom to provide medical services in a particular branch of medicine;

(d)that he is an eminent specialist in that particular branch of medicine; and

(e)that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to any conditions specified in the direction, for such period (being no more than 26 weeks) as they specify in the direction.

(3)The General Council may, if they think fit so to direct, vary the conditions specified in the direction and, subject to subsection (4), may extend the period specified in the direction for which the person is registered under this section.

(4)A person may not be registered under this section for more than 26 weeks in any period of five years.

(5)A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6)If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a)is to be treated as not being done by a registered medical practitioner; and

(b)may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

Textual Amendments

F141Ss. 27A, 27B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(2) (with art. 87)

27BSpecial purpose registrationU.K.

(1)A person who is or intends to be in the United Kingdom temporarily for the purposes of providing particular medical services exclusively to persons who are not nationals of the United Kingdom may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2)If the person referred to in paragraph (1) satisfies the Registrar—

(a)that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b)that he is entitled to practise medicine in the State where he is ordinarily resident;

(c)that he is or will be employed or engaged within the United Kingdom—

(i)at an establishment that provides medical services for persons who are not nationals of the United Kingdom, and

(ii)to provide particular medical services, but only for persons who are not nationals of the United Kingdom; and

(d)that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to the conditions specified in the direction, for such period as they specify in the direction.

(3)The conditions that the General Council specifies in any direction under subsection (2) are to comprise or include—

(a)a condition that the person shall, except in an emergency, provide medical services within the United Kingdom only to persons who are not nationals of the United Kingdom; and

(b)a condition that the person shall, except in an emergency, provide only the particular medical services which are specified in the direction, whilst he is in the United Kingdom.

(4)The General Council may, if they think fit so to direct, vary the conditions in the direction (but not in such a way that the requirements of subsection (3) are no longer met) and may extend the period specified in the direction for which the person is registered under this section.

(5)A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6)If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a)is to be treated as not being done by a registered medical practitioner; and

(b)may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.]

Textual Amendments

F141Ss. 27A, 27B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(2) (with art. 87)

F14227 Temporary full registration for visiting overseas specialists.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142S. 27 omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(1)

F14328 The Review Board for Overseas Qualified Practitioners.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143S. 28 omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 6(11) (with Sch. 2)

F14429 Functions of the Review Board.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144S. 29 omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 6(11) (with Sch. 2)

F145PART IIIAU.K. LICENCE TO PRACTISE AND REVALIDATION

Textual Amendments

F145Pt. 3A inserted (17.12.2002 for s. 29G(1)(a)(2)(3), 8.9.2009 for the insertion of ss. 29A, 29B, 29D, 29E, 29G, 29J for specified purposes and specified headings as notified in the London Gazette dated 21.8.2009, 16.11.2009 for the insertion of ss. 29B, 29D, 29E for specified purposes and for the insertion of ss. 29F, 29H as notified in the London Gazette dated 21.8.2009, 3.12.2012 for the insertion of ss. 29A(4)(d), 29C, 29E(2)(b)(4)(a), 29J(1)(a) in so far as not already in force as notified in the London Gazette dated 2.11.2012) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(g), 10 (with Sch. 2)

Duty of General Council to make regulationsU.K.

29A Regulations as to licence to practise and revalidationU.K.

(1)Any reference in this Act to a “licence to practise” is a reference to a licence granted under and in accordance with this Part to a medical practitioner by a licensing authority.

(2)The General Council shall make regulations with respect to licences to practise.

(3)The provisions made by regulations under subsection (2) above must include provision for or in connection with each of the matters specified in subsection (4) below.

(4)Those matters are—

(a)grant of a licence to practise;

(b)refusal of a licence to practise;

(c)withdrawal of a licence to practise; and

[F146(d)revalidation of a medical practitioner of a prescribed description whenever a licensing authority sees fit to do so, either as a condition of the practitioner’s continuing to hold a licence to practise or of the practitioner’s licence to practise being restored.]

(5)In this Part—

Textual Amendments

F146S. 29A(4)(d) substituted (3.12.2012 immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 8(2); S.I. 2012/2686, arts. 1(3), 2(a)(i)

F147Words in s. 29A(5)(b) substituted (19.7.2006, 9.9.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(2)(a)

Grant, refusal and withdrawal of licenceU.K.

29B Grant, refusal and withdrawal of licenceU.K.

(1)Regulations under section 29A above shall [F148subject to subsection (1A),] provide for a licence to practise to be granted to a medical practitioner—

(a)on first registration under this Act as a medical practitioner with [F149full registration];

(b)on being provisionally registered under this Act; and

(c)in such other cases or circumstances as may be prescribed.

[F150(1A)Regulations under section 29A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3).

(1B)Regulations under section 29A which include provision under subsection (1A) must also include provision requiring the licensing authority, when determining whether a medical practitioner has demonstrated the necessary knowledge of English, to have regard to guidance published under section 29G(2A).]

(2)Regulations under section 29A above shall provide for the withdrawal of a licence to practise from a medical practitioner—

(a)where the practitioner has failed to comply with prescribed requirements of regulations under section 29A above;

(b)where the licence to practise was fraudulently procured or otherwise incorrectly granted;

(c)where the medical practitioner requests that the licence to practise be withdrawn; and

(d)in such other cases or circumstances as may be prescribed.

[F151(2D)Regulations under section 29A may include provision requiring a licensing authority to take account, in particular, of such evidence as a medical practitioner provides of his knowledge of English.]

(3)Regulations under section 29A above shall make provision as to the procedure to be followed in connection with the grant or refusal, or the withdrawal, of a licence to practise by a licensing authority.

(4)If a licensing authority decides—

(a)to refuse to grant a licence to practise to a medical practitioner; or

(b)to withdraw a licence to practise from a medical practitioner,

the Registrar shall give the practitioner notice in accordance with subsection (5) below.

(5)The notice required by subsection (4) above is notice of—

(a)the decision;

(b)the reasons given for the decision by the licensing authority concerned; and

(c)the practitioner’s right of appeal under section 29F below.

(6)Section 29H below applies in relation to a notice under subsection (4) above.

Textual Amendments

F149Words in s. 29B(1)(a) substituted (19.7.2006, 9.9.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 7

[F15229CDealing with questions as to impairment of fitness to practiseU.K.

(1)Paragraph (2) applies if—

(a)in the course of revalidation, it comes to the attention of a licensing authority that a medical practitioner’s fitness to practise is called into question by one or more of the matters mentioned in section 35C(2) below; but

(b)no allegation to that effect has been made to the General Council against the practitioner.

(2)The Registrar shall notify the practitioner and section 35C below shall apply as if an allegation that the practitioner’s fitness to practise is impaired had been made to the General Council under that section.]

Textual Amendments

F152S. 29C substituted (3.12.2012 immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 10; S.I. 2012/2686, arts. 1(3), 2(a)(iii)

Restoration of licenceU.K.

29D Restoration of licenceU.K.

(1)The General Council shall make regulations under section 29A above for and in connection with authorising or requiring a licensing authority, in such cases or circumstances as may be prescribed, to restore a licence to practise to a medical practitioner whose licence to practise has been withdrawn.

[F153(1A)Regulations by virtue of subsection (1) above may not include provision as to licences to practise that are withdrawn by virtue of section 41C below.]

(2)Regulations by virtue of subsection (1) above shall make provision as to the procedure to be followed in connection with the restoration, or the refusal of the restoration, of a licence to practise by a licensing authority.

(3)If a licensing authority refuses to restore a licence to practise to a medical practitioner, the Registrar shall give the practitioner notice of—

(a)the decision;

(b)the reasons given for the decision by the licensing authority concerned; and

(c)the practitioner’s right of appeal under section 29F below.

(4)Section 29H below applies in relation to a notice under subsection (3) above.

Textual Amendments

Supplementary provisionsU.K.

29E EvidenceU.K.

(1)Regulations under section 29A above may make provision for a licensing authority—

(a)to refuse to grant a licence to practise to a medical practitioner;

(b)to withdraw a licence to practise from a medical practitioner; or

(c)to refuse to restore a licence to practise to a medical practitioner,

in any case where the medical practitioner does not provide the licensing authority with such evidence or information as the authority may reasonably request for any of the purposes specified in subsection (2) below.

(2)The purposes are those of—

(a)determining whether to grant a licence to practise to the practitioner;

(b)revalidation of the practitioner;

(c)determining whether to withdraw a licence to practise from the practitioner; and

(d)determining whether to restore a licence to practise to the practitioner.

[F154(2A)Regulations under section 29A above may include provision for or in connection with requiring a medical practitioner to supply information to a licensing authority (including information about his prospective, current or past employment as a medical practitioner) which, in the opinion of the licensing authority, will assist it in determining when and how to revalidate him.]

(3)For the purpose of carrying out any function under sections 29A to 29D above in relation to a medical practitioner, a licensing authority may require—

(a)any medical practitioner (other than that practitioner); or

(b)any other person,

who, in the opinion of the authority, is able to supply information, or produce any document, which appears relevant to the discharge of any such function, to supply such information or produce such a document.

(4)For the purpose of reviewing procedures relating to—

(a)revalidation; or

(b)the grant, withdrawal or restoration of a licence to practise,

a licensing authority may require any medical practitioner or other person to supply information or produce any document.

(5)Nothing in subsection (3) or (4) above shall require or permit any disclosure of information which is prohibited by or under any other enactment.

(6)But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, a licensing authority may, in exercising its functions under subsection (3) or (4) above, require that the information be put into a form which is not capable of identifying that individual.

(7)In determining for the purposes of subsection (5) above whether a disclosure is not prohibited, by reason of being a disclosure of personal data which is exempt from the non-disclosure provisions of the Data Protection Act 1998 by virtue of section 35(1) of that Act, it shall be assumed that the disclosure is required by or under this section.

(8)Subsections (3) and (4) do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

(9)In this section “enactment” includes—

(a)an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(b)any provision of, or any instrument made under, Northern Ireland legislation.

Textual Amendments

F154S. 29E(2A) inserted (19.7.2006, 3.12.2012 in so far as not already in force as notified in the London Gazette dated 2.11.2012) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 66

Modifications etc. (not altering text)

[F15529EA.Disclosure by a licensing authority of information relating to revalidationU.K.

(1)This section applies where—

(a)a medical practitioner participates in a revalidation pilot scheme and the medical practitioner’s revalidation under the scheme ceases before evaluation of the practitioner’s fitness to practise is complete; or

(b)a medical practitioner’s revalidation under this Part ceases before any decision is made as to—

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

(ii)the making of any change to the General Practitioner Register or the Specialist Register in respect of the practitioner.

(2)If the licensing authority considers it to be in the public interest to do so, the licensing authority may disclose any relevant information about the medical practitioner to—

(a)the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland or the Welsh Ministers; and

(b)any person of whom the licensing authority is aware—

(i)by whom the practitioner is employed to provide services in, or in relation to, any area of medicine, or

(ii)with whom the practitioner has an arrangement to provide such services.

(3)In this section—

Textual Amendments

F155S. 29EA inserted (30.4.2010 for specified purposes, 3.12.2012 for specified purposes immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 13; S.I. 2010/1182, art. 2; S.I. 2012/2686, arts. 1(3), 2(a)(iv)

29F AppealsU.K.

(1)If a licensing authority decides under this Part—

(a)to refuse to grant a licence to practise to a medical practitioner;

(b)to withdraw a licence to practise from a medical practitioner; or

(c)to refuse to restore a licence to practise to a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.

[F156(1A)If a licensing authority decides under—

(a)[F157section 44C(8)] to refuse to grant a licence to practise to a medical practitioner; or

(b)[F158section 44C(9)(a)] to withdraw a licence to practise from a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.]

(2)Schedule 3B (which provides for the procedures to be followed before a Registration Appeals Panel) shall apply in relation to any appeal under subsection (1) [F159or (1A)] above.

(3)A decision under this Part to withdraw a licence to practise from a medical practitioner shall not be carried into effect—

(a)until the time for bringing any appeal against the decision has expired without an appeal being brought; or

(b)where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

Textual Amendments

F156S. 29F(1A) inserted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 8.8.2014 in so far as not already in force as notified in the London Gazette dated 8.8.2014) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 68(a)

F159Words in s. 29F(2) inserted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I.) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 68(b)

29G GuidanceU.K.

(1)The General Council may publish guidance for medical practitioners relating to the information and documents to be provided, and any other requirements to be satisfied—

[F160(za)for securing the grant of a licence to practise;]

(a)for the purposes of revalidation; or

(b)for securing restoration of a licence to practise.

[F161(1A)The information and documents to be provided, and other requirements to be satisfied, may relate to—

(a)standards set by a prescribed person or body; or

(b)documents issued by a prescribed person or body.]

(2)[F162In preparing any guidance under subsection (1)(a)] in relation to revalidation, the General Council shall take into account such similarities as there may be between any information or documents to be provided, or any other requirements to be satisfied—

(a)for the purposes of revalidation; and

(b)for the purposes of any scheme for the appraisal of medical practitioners which applies within [F163any of the UK health services].

[F164(2A)The General Council must publish guidance relating to the evidence, information or documents to be provided for the purposes of demonstrating that a medical practitioner has the necessary knowledge of English.]

F165(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F163Words in s. 29G(2)(b) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 3(a); S.I. 2010/478, art. 2(b)

F165S. 29G(3) omitted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 3(b); S.I. 2010/478, art. 2(b)

29H NoticesU.K.

(1)This section applies to any notice required to be given to a medical practitioner under—

(a)section 29B or 29D above; or

(b)paragraph 6 or 7 of Schedule 3B to this Act.

(2)Any such notice may be so given—

(a)by delivering it to him;

(b)by leaving it at his proper address;

(c)by sending it by a registered post service; or

(d)by sending it by a postal service which provides for the delivery of the notice by post to be recorded.

(3)For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, a medical practitioner’s proper address shall be—

(a)his address in the register; or

(b)if the conditions in subsection (4) below are satisfied, his last known address.

(4)The conditions are that—

(a)the practitioner’s last known address differs from his address in the register; and

(b)it appears to the body or person giving the notice that a letter sent to the practitioner at his last known address is more likely to reach him.

(5)For the purposes of this section—

(a)the giving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and

(b)so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

29J MiscellaneousU.K.

(1)Regulations under section 29A above may provide for the charging of a fee to a medical practitioner in respect of the cost of—

(a)his revalidation; or

(b)the consideration of any application made by him for restoration of a licence to practise.

[F166(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.]

[F167(2E)Regulations under section 29A may make provision in connection with determining whether a medical practitioner has demonstrated the necessary knowledge of English; and the regulations may in particular—

(a)provide for the licensing authority to require a person to undertake an assessment to demonstrate whether the person has the necessary knowledge of English;

(b)require a person to provide any evidence, information or document which the licensing authority may reasonably request for the purpose of demonstrating whether the person has the necessary knowledge of English but the regulations may not require, or enable the licensing authority to request, evidence or information demonstrating that the practitioner’s knowledge of English exceeds the necessary knowledge of English;

(c)provide for the powers of the licensing authority in section 29E(1)(a) and (b) to be exercisable in relation to a person in connection with any refusal or failure by the person to provide the licensing authority with such information;

(d)make provision equivalent to section 29E(5) to (9) as to the disclosure of such information to the licensing authority (with appropriate modifications).]

(3)Regulations under section 29A above may make different provision for different purposes, cases or circumstances [F168or different areas].

(4)Regulations under section 29A above shall not have effect until approved by order of the Privy Council.

(5)Before making regulations under section 29A above, the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the Council requisite to be consulted.

Textual Amendments

F166S. 29J(2)-(2D) substituted for s. 29J(2) (9.9.2009 for specified purposes) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 16(2); S.I. 2009/2200, art. 2

Part IVU.K. General Provisions Concerning Registration

30 The registers.U.K.

[F169(A1)In this Part, “the registers” means—

(a)the register;

(b)the General Practitioner Register; and

(c)the Specialist Register.]

(1)The register of medical practitioners shall [F170include]—

(a)in the principal list the names of persons entitled to be registered under [F171section [F1723, 14A, 15, 15A or 19A]] above, or directed to be registered under [F173section 19, 21, [F17421B or 21C] above;]

[F175(aa)in the emergency powers doctors list, the names of persons from time to time registered under section 18A;]

F176(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the visiting overseas doctors list the names of persons from time to time directed to be registered under [F177section 27A or 27B] above; and

[F178(d)in the list of visiting medical practitioners from relevant European States, the names of persons entitled to be registered under Schedule 2A.]

F179(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F180(3)[F181The register] shall also include, in respect of each of the persons entered in it, a statement of the following—

(a)the person’s address;

(b)the person’s date of registration;

(c)whether the person holds a licence to practise or not;

(d)any qualifications which the person is entitled to have registered under section 16 or 26 above; and

(e)any other particulars prescribed in the case of a person entered in F182[F183the register].]

(4)It shall be the duty of the Registrar to keep [F184the register][F185, the General Practitioner Register and the Specialist Register] correct in accordance with the provisions of this Act and regulations made by the General Council, to erase the names of persons who have died, [F186or who have been provisionally registered for longer than the period prescribed in respect of them,] and from time to time to make the necessary alterations in the addresses, qualifications and other registered particulars of registered persons.

(5)The Registrar may, by letter addressed to any person registered in [F187the register] at his address on the register, inquire whether he has changed his address and, if no answer is received to the inquiry within six months from the posting of the letter, may erase from the register the entry relating to that person.

(6)On registering the death of a person registered in [F188the register], a registrar of births and deaths shall, without charge to the Registrar, send forthwith by post to the Registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

(7)In this section “prescribed” means prescribed by regulations made under section 31 below.

Textual Amendments

F170Word in s. 30(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(a)(i) (with transitional provisions in Sch. 2)

F171Words in s. 30(1)(a)(b) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(2)

F173Words in s. 30(1)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(a)(ii) (with transitional provisions in Sch. 2)

F174Words in s. 30(1)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 38(a)

F176S. 30(1)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(2)(a)(iii) (with Sch. 2)

F177Words in s. 30(1)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 38(b)

F179S. 30(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(a)

F180S. 30(3) substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(1) (with Sch. 2)

F181Words in s. 30(3) substituted (19.7.2006 for specified purposes, 16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(i)

F182Words in s. 30(3)(e) substituted (19.7.2006, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(ii)

F183Words in s. 30(3)(e) substituted (19.7.2006 for specified purposes, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(ii)

F184Words in s. 30(4) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(c)

F185Words in s. 30(4) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 4(b); S.I. 2010/478, art. 2(b)

F186Words in s. 30(4) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 29

F187Words in s. 30(5) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(d)

F188Words in s. 30(6) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(e)

Modifications etc. (not altering text)

[F18930A.The register: emergency powers doctors listU.K.

(1)Notwithstanding any other provision of this Act, the Registrar is not under an obligation to make any entry in the register in respect of any person registered by virtue of section 18A(1)(b) until the Registrar has been able to ascertain the person’s name and address.

(2)The Registrar may make available information identifying any group of persons registered by virtue of section 18A(1)(b) in such manner as the Registrar sees fit.]

Textual Amendments

31 Power to make regulations with respect to the registers.U.K.

(1)Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of [F190the registers] and the making of entries, alterations and corrections [F191in them].

(2)Regulations under this section may provide for [F192the registers] to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if [F193the registers are] not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

F194(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations under this section shall provide for the marking of the register of medical practitioners so as to distinguish those provisionally registered under section 15 [F195or 15A] above and those provisionally registered under section 21 [F196or 21C] above.

[F197(4A)Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for—

(a)different maximum periods for which different classes of persons may be provisionally registered; and

(b)the maximum period not to apply to specified classes of persons.]

[F198(4B)Regulations under this section shall provide for the marking of the General Practitioner Register so as to distinguish between different categories of persons who are eligible to be registered in that register by virtue of section 34C(2)(b).]

F199(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Regulations under this section may make provision with respect to the restoration to [F200the registers] of the name of any person whose name has been erased from [F201them] by virtue of section 30(5) above or of any regulations made in pursuance of F202... section 32(2) below.

(9)Regulations under this section made by virtue of subsection (8) above may include provision—

(a)for authorising the Registrar, notwithstanding anything in this Act, to refuse to restore to [F203the registers] F204... the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and [F205fitness to practise] as may be prescribed; and

[F206(b)for securing that, in such circumstances as may be prescribed, such a person’s name is not so restored unless—

(i)the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit,

(ii)the practitioner’s licence to practise is restored in accordance with the regulations, or

(iii)both (i) and (ii) are met.]

F207...

(10)Regulations made in pursuance of [F208subsection (4A), [F209(4B),] (8) or (9)] above shall not have effect until approved by order of the Privy Council.

(11)In this section “prescribed” means prescribed by regulations under this section.

Textual Amendments

F190Words in s. 31(1) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(a)(i); S.I. 2010/478, art. 2(b)

F191Words in s. 31(1) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(a)(ii); S.I. 2010/478, art. 2(b)

F192Words in s. 31(2) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(b)(i); S.I. 2010/478, art. 2(b)

F193Words in s. 31(2) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(b)(ii); S.I. 2010/478, art. 2(b)

F194S. 31(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(c)

F195Words in s. 31(4) inserted (4.12.2000) by S.I. 2000/3041, reg. 4(3)

F196Words in s. 31(4) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 39

F197S. 31(4A) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(a)

F199S. 31(5)-(7) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(a) (with Sch. 2)

F200Words in s. 31(8) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(d)(i); S.I. 2010/478, art. 2(b)

F201Word in s. 31(8) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(d)(ii); S.I. 2010/478, art. 2(b)

F202Words in s. 31(8) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(b) (with Sch. 2)

F203Words in s. 31(9)(a) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(e); S.I. 2010/478, art. 2(b)

F204Words in s. 31(9)(a) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(e)

F205Words in s. 31(9)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 48

F206S. 31(9)(b) substituted (30.5.2003, 1.7.2003 in so far as not already in force as notified in the London Gazette dated 1.7.2003) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(2) (with Sch. 2)

F207Words in s. 31(9) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(c) (with Sch. 2)

F208Words in s. 31(10) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(b)

F209Word in s. 31(10) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(f); S.I. 2010/478, art. 2(b)

[F21031A Voluntary removal from [F211any of the registers].U.K.

(1)The General Council may make regulations—

(a)providing for the erasure by the Registrar from [F212any of the registers] of the name of any person who applies, in the manner prescribed by the regulations, for his name to be erased from [F213any of the registers];

(b)providing for the refusal by the Registrar of applications under paragraph (a) above in such cases and circumstances as may be prescribed by the regulations;

(c)making provision (including provision requiring the approval of the General Council or of one of the statutory committees) for the restoration to [F214any of the registers] of the name of any person whose name has been erased in accordance with regulations made in pursuance of paragraph (a) above.

[F215(1A)Regulations under subsection (1)(c) above shall provide that, in such circumstances as may be prescribed, a person’s name is not to be restored to [F216any of the registers] unless—

(a)the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit;

(b)the practitioner’s licence to practise is restored in accordance with the regulations; or

(c)both (a) and (b) are met.

(1B)In subsection (1A) above, “prescribed” means prescribed under regulations made under subsection (1) above.]

(2)Regulations under this section shall not have effect until approved by order of the Privy Council.]

Textual Amendments

F210S. 31A inserted (18.5.2000) by 1995 c. 51, s. 2; S.I. 2000/1344, art. 2

F211Words in s. 31A heading substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 6(a); S.I. 2010/478, art. 2(b)

F212Words in s. 31A(1)(a) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 6(b)(i); S.I. 2010/478, art. 2(b)

F213Words in s. 31A(1)(a) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 6(b)(ii); S.I. 2010/478, art. 2(b)

F214Words in s. 31A(1)(c) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 6(c); S.I. 2010/478, art. 2(b)

F215S. 31A(1A)(1B) inserted (7.7.2004 as notified in the London Gazette dated 2.7.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(3) (with Sch. 2)

F216Words in s. 31A(1A) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 6(c); S.I. 2010/478, art. 2(b)

32 Registration fees.U.K.

(1)Subject to the provisions of this Act, the General Council may make regulations with respect to the charging of fees in connection with the making of entries in the register of medical practitioners, and in particular—

(a)prescribing a fee to be charged on the entry of a name or qualification in the register or on the restoration of any entry to the register;

(b)prescribing a fee to be charged in respect of the retention in the register of the name of a person F217...;

(c)authorising the Registrar, notwithstanding anything in this Act, to refuse to make any entry in, or restore any entry to, the register F218... until a fee prescribed by regulations under this section has been paid.

(2)Regulations under this section may authorise the Registrar to erase from the register of medical practitioners the name of—

(a)any person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed in pursuance of subsection (1)(b) above; F219. . .

F219(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If a person whose name has been erased from the register in accordance with regulations made in pursuance of subsection (2) above at any time pays—

(a)such sum (if any) as may be prescribed for the purposes of this subsection by regulations under this section; and

(b)the fee (if any) which, if his name had not been so erased, would be due from him in respect of the current year,

his name shall be restored to the register.

(4)Regulations under this section shall not provide for any fee to be chargeable in respect of anything done in pursuance of a direction under section 41 below.

(5)No fee shall be charged in relation to registration [F220in the emergency powers doctors list or] [F221in the list of visiting medical practitioners from relevant European States] and accordingly this section shall not apply in relation thereto.

F222(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Regulations under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

F223(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)For the avoidance of doubt it is hereby declared that in this section “entry” includes an entry by way of alteration of a previous entry.

Textual Amendments

F217Words in s. 32(1)(b) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(a)(i)

F218Words in s. 32(1)(c) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(a)(ii)

F219S. 32(2)(b) and preceding word repealed (18.5.2000) by 1995 c. 51, ss. 4, Sch. para. 3; S.I. 2000/1344, art. 2

F222S. 32(6) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 10

F223S. 32(8) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(b)

33 Supplementary provisions about registration.U.K.

Schedule 3 to this Act (which contains supplementary provisions about registration) shall have effect.

[F22434[F225Publication of [F226the registers]] U.K.

(1)The Registrar shall cause to be published from time to time (electronically or otherwise) a list of all persons who, on a date specified by him at the time of publication, [F227appear in [F228each of the registers]].

(2)The list published in accordance with subsection (1) above shall include in respect of each practitioner—

(a)information about his registered qualifications;

(b)a statement about whether or not he holds a licence to practise; F229...

[F230(ba)in relation to the list of persons on the Specialist Register—

(i)the specialty in respect of which a person's name is included in that register; and

(ii)the name, or a description of, any field within that specialty which is indicated in respect of that person in that register; and]

(c)such other particulars (if any) as the General Council may direct in relation to that list.]

Textual Amendments

F224S. 34 substituted (1.7.2003 except in so far as it relates to sub-section (2)(b) as notified in the London Gazette dated 1.7.2003, 16.11.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 7(4) (with Sch. 2)

F225S. 34 heading substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 11(2)

F226Words in s. 34 heading substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 7(a); S.I. 2010/478, art. 2(b)

F227Words in s. 34(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 11(1)

F228Words in s. 34(1) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 7(b); S.I. 2010/478, art. 2(b)

F229Word in s. 34(2)(b) omitted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 7(c)(i); S.I. 2010/478, art. 2(b)

[F23134AProof of registrationU.K.

(1)The Registrar may issue a certificate that a person—

(a)is registered [F232in any of the registers];

(b)is not registered [F232in any of the registers];

(c)was registered [F232in any of the registers] at a specified date or during a specified period;

(d)was not registered [F232in any of the registers] at a specified date or during a specified period;

(e)has never been registered [F232in any of the registers];

(f)holds a licence to practise;

(g)does not hold a licence to practise;

(h)held a licence to practise at a specified date or during a specified period;

(i)did not hold a licence to practise at a specified date or during a specified period; or

(j)has never held a licence to practise.

[F233(1A)In relation to a person who is registered in the Specialist Register, the Registrar may issue a certificate that that person is, or is not, registered on that register with a particular specialty and in a particular field within that specialty.]

(2)A certificate issued under subsection (1) [F234or (1A)] above shall be evidence (and in Scotland sufficient evidence) of the matters certified.]

Textual Amendments

F231S. 34A inserted (1.7.2003 for specified purposes as notified in the London Gazette dated 1.7.2003, 16.11.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(5) (with Sch. 2)

[F23534BRegistration [F236and training] appealsU.K.

[F237(1)]Schedule 3A to this Act (which makes provision about appeals against registration [F238and training] decisions) shall have effect.]

[F239(2)The General Council may by regulations make provision with respect to the charging of fees in connection with appeals under Schedule 3A.

(3)Regulations under subsection (2) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.]

Textual Amendments

F235S. 34B inserted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 8(1) (with Sch. 2)

F236Words in s. 34B heading inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 9(a); S.I. 2010/478, art. 2(b)

F237S. 34B renumbered as s. 34B(1) (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 9; S.I. 2010/478, art. 2(b)

F238Words in s. 34B(1) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 9(a); S.I. 2010/478, art. 2(b)

F239S. 34B(2)(3) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 9(b); S.I. 2010/478, art. 2(b)

F240[F240PART 4AU.K.POSTGRADUATE MEDICAL EDUCATION AND TRAINING

Textual Amendments

34CThe General Practitioner RegisterU.K.

(1)The General Council shall keep a register of general practitioners (known as “the General Practitioner Register”).

(2)The General Practitioner Register shall, subject to subsection (3), contain the names of—

(a)registered medical practitioners who hold a CCT in general practice;

(b)registered medical practitioners who have an acquired right to practise as a general practitioner in the United Kingdom pursuant to section 34G(1); and

(c)registered medical practitioners falling within such other categories as the Privy Council may by order specify.

(3)A person falling within any of paragraphs (a) to (c) of subsection (2) shall only be included in the General Practitioner Register if they have applied to the Registrar for the purpose and have paid any fee specified in regulations under section 34O.

34DThe Specialist RegisterU.K.

(1)The General Council shall keep a register of specialist medical practitioners (known as “the Specialist Register”).

(2)The Specialist Register shall, subject to subsections (4) and (5), contain the names of—

(a)registered medical practitioners who hold a CCT in a recognised specialty;

(b)registered medical practitioners who are eligible to be admitted to that register in accordance with the scheme mentioned in subsection (6); and

(c)registered medical practitioners falling within such other categories as the Privy Council may by order specify.

(3)The Privy Council may by order designate specialties as recognised specialties.

(4)A person falling within any of paragraphs (a) to (c) of subsection (2) shall only be included in the Specialist Register if they have applied to the Registrar for the purpose and have paid any fee specified in regulations under section 34O.

(5)A person is not entitled to have their name included in the Specialist Register as an oral and maxillo-facial surgeon unless the person is a registered medical practitioner and satisfies the Registrar both—

(a)of their entitlement to be registered in that register by virtue of subsection (2); and

(b)that they have successfully completed dental training that meets, or under Article 22(a) of the Directive is treated as meeting, the requirements of Article 34 of the Directive.

(6)The scheme referred to in subsection (2)(b) is a scheme published by the General Council for the inclusion in the Specialist Register of persons who, immediately before 1st January 1997, were either NHS consultants or consultants in a medical specialty in the armed forces.

(7)That scheme shall make provision—

(a)as to the criteria to be considered in determining whether to include a person's name in the Specialist Register; and

(b)excluding any person whose name has been removed from the Specialist Register under regulations made by virtue of subsection (2A) of section 29B (grant, refusal and withdrawal of licences to practise).

(8)In subsection (6), “armed forces” means the naval, military or air forces of the Crown and includes the reserve forces within the meaning of section 1(2) of the Reserve Forces Act 1996 No commentary item could be found for this reference c20127051.

(9)The Specialist Register shall indicate—

(a)the specialty in respect of which a person's name is included in that register; and

(b)the name, or a description of, any field within that specialty which a person has requested, subject to subsection (10), to be indicated in that register.

(10)In order to have the relevant field indicated on the Specialist Register in accordance with subsection (9)(b), the Registrar must be satisfied that a person has completed satisfactorily—

(a)sub-specialty training in the United Kingdom which is approved by the General Council; or

(b)sub-specialty training outside the United Kingdom that the Registrar is satisfied is equivalent to sub-specialty training approved by the General Council.

34EApplications for inclusion in the General Practitioner Register or the Specialist RegisterU.K.

(1)The General Council shall make regulations as to the procedure to be followed by, or in relation to, persons applying to the Registrar for inclusion in the General Practitioner Register or the Specialist Register.

(2)The regulations may in particular make provision as to—

(a)the evidence required in support of applications;

(b)the time limits to be complied with in respect of applications; and

(c)the notification of decisions in respect of applications.

(3)The regulations may require the Registrar to inform persons who do not hold a CCT, and in respect of whom the Registrar is not satisfied as to their eligibility for inclusion in the General Practitioner Register or the Specialist Register, of the reasons why the Registrar is not so satisfied.

(4)The regulations may require the Registrar to inform the persons referred to in subsection (3) of—

(a)additional training that must be undertaken and the fields that the training must cover; and

(b)any examination, assessment (including a specified period of assessment), adaptation period or other test of competence that that person must complete to the Registrar's satisfaction,

in order to satisfy the Registrar of their eligibility for inclusion in those Registers.

(5)In subsection (4)(b), “adaptation period” means an adaptation period pursuant to Part 3 of the General Systems Regulations.

(6)Regulations under this section shall not have effect until approved by order of the Privy Council.

34FRemoval of names from the General Practitioner Register and the Specialist RegisterU.K.

(1)The Registrar must remove a person's name from the General Practitioner Register or the Specialist Register where it comes to the Registrar's notice that they are no longer a registered medical practitioner.

(2)The Registrar may remove a person's name from the General Practitioner Register or the Specialist Register where they cease, in cases specified by the Privy Council by order, to fall within any of the categories specified by the Privy Council by order under section 34C(2)(c) or, as the case may be, section 34D(2)(c).

(3)Subject to subsection (4), where a person removed from the General Practitioner Register or the Specialist Register under subsection (1) becomes once again a registered medical practitioner, the Registrar shall, if requested by that person, once again include that person's name in the General Practitioner Register or, as the case may be, the Specialist Register.

(4)No request to include a person's name again in the General Practitioner Register is required under subsection (3) where a person removed from that Register under subsection (1), becomes once again a registered medical practitioner by virtue of section 18A.

(5)The Registrar shall send a notice to the person concerned when removing that person's name pursuant to subsection (1) or (2), as the case may be, once again including that person's name pursuant to subsection (3).

(6)Paragraph 6 of Schedule 3A applies to notices required to be sent under subsection (5) as it applies to notices under that paragraph.

34GAcquired rights of general practitionersU.K.

(1)For the purposes of Article 30(1) of the Directive, a person has an acquired right to practise as a general practitioner in the United Kingdom if they fall within one of the categories of persons specified by the Privy Council by order.

(2)Where, pursuant to a request in writing, the Registrar is satisfied that a person has an acquired right to practise by virtue of subsection (1), the Registrar shall issue a certificate for the purposes of Article 30(1) of the Directive.

(3)The General Council may make rules as to the procedure to be followed in relation to, and the evidence required in support of, a request made under subsection (2).

(4)A certificate issued under subsection (2) shall be withdrawn where the Registrar is satisfied that it has been fraudulently procured or incorrectly awarded.

34HPostgraduate medical education and training: general functionsU.K.

(1)The General Council shall—

(a)establish standards of, and requirements relating to, postgraduate medical education and training, including those necessary for the award of a CCT in general practice and in each recognised specialty;

(b)secure the maintenance of the standards and requirements established under paragraph (a); and

(c)develop and promote postgraduate medical education and training in the United Kingdom.

(2)In exercising their functions under this Part, the main objectives of the General Council, in addition to that required by section 1(1A), are—

(a)to ensure that the needs of persons undertaking postgraduate medical education and training in each of England, Wales, Scotland and Northern Ireland are met by the standards the General Council establish under subsection (1)(a) and to have proper regard to the differing considerations applying to different groups of such persons; and

(b)to ensure that the needs of employers and those engaging the services of general practitioners and specialists within the UK health services are met by the standards the General Council establish under subsection (1)(a).

(3)The standards and requirements established under subsection (1)(a) shall be set out in determinations of the General Council.

(4)The standards and requirements established under subsection (1)(a) shall include—

(a)the standards required for entry to training;

(b)the training curricula to be followed in general practice and in each recognised speciality;

(c)the assessment arrangements for persons undertaking education and training in general practice and specialist medical practice;

(d)the assessment arrangements for persons applying to the Registrar for inclusion in the General Practitioner Register or the Specialist Register who do not hold a CCT;

(e)the outcomes to be achieved by education and training in general practice or specialist medical practice, including the levels of skill, knowledge and expertise to be achieved;

(f)the examinations, assessments and other tests of competence to be completed, whether during or upon completion of a course of education and training in general practice or specialist medical practice; and

(g)any other matters relating to postgraduate medical education and training for general medical practice and specialist practice as the General Council considers appropriate.

34IPostgraduate medical education and training: approvalsU.K.

(1)In order to secure the maintenance of the standards and requirements established under section 34H(1)(a), the General Council may approve—

(a)courses or programmes of postgraduate medical education and training (or part of such a course or programme) which the General Council are satisfied meet, or would meet, the standards and requirements established under section 34H(1)(a);

(b)training posts which the General Council are satisfied meet, or would meet, the standards and requirements established under section 34H(1)(a);

(c)general practitioners whom the General Council consider to be properly organised and equipped for providing training for GP Registrars;

(d)examinations, assessments or other tests of competence.

(2)In connection with subsection (1), the General Council may approve postgraduate medical education and training taking place outside the United Kingdom.

(3)In exercising their functions under subsection (1) or (2), the General Council may attach conditions to any approval they give or have given including, if the General Council consider appropriate, a condition limiting the period of time for which that approval is valid.

(4)The General Council may at any time withdraw approval where they are satisfied that—

(a)any conditions imposed under subsection (3); or

(b)any standards or requirements established under section 34H(1)(a),

are not being met.

(5)If the General Council have formed the provisional opinion that an approval be—

(a)refused;

(b)given subject to conditions under subsection (3); or

(c)withdrawn under subsection (4),

they shall notify that opinion in writing to the person who has applied for the approval or, as the case may be, to whom the approval was given.

(6)Where the General Council have formed a provisional opinion under subsection (5), they shall allow—

(a)the person who they have notified; and

(b)any other person who they are satisfied has a substantial interest in the matter,

a reasonable opportunity to make representations to them before making the determination.

(7)The Registrar shall cause to be published from time to time (electronically or otherwise) a list specifying—

(a)any course or programme (or part of a course or programme), training post, general practitioner or examination, assessment or other test of competence that the General Council have approved pursuant to subsection (1) or (2);

(b)the date on which that approval was given;

(c)any conditions to which that approval is subject pursuant to subsection (3); and

(d)where relevant, the date on which that approval was withdrawn.

34JMinimum requirements for general practice trainingU.K.

(1)The minimum requirements for general practice training are that—

(a)the training meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 28(1), the first sub-paragraph of Article 28(2) and Article 28(3) of the Directive; and

(b)the period of training specified in the first sub-paragraph of Article 28(2) of the Directive includes—

(i)a period or periods amounting to at least 12 months employment as a GP Registrar under the supervision of a general practitioner who has been approved by the General Council under section 34I(1)(c), and

(ii)a period or periods amounting to at least 12 months employment in a post (or posts), in one or more specialties that are approved by the General Council as being relevant to general practice.

(2)Once the minimum training periods in subsection (1)(b) have been completed, any remaining period of training shall consist of a period of employment in a post (or posts) falling within subsection (1)(b)(i) or (ii).

34KMinimum requirements for specialist trainingU.K.

(1)The minimum requirements for specialist training are that the training—

(a)constitutes an entire course of training in the recognised specialty in question;

(b)meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 25(1), (2) and (3) of the Directive; and

(c)is for a period which is at least as long as any minimum training period that the Privy Council may by order prescribe for that specialty.

(2)The General Council may impose conditions in relation to any part-time specialist training which it approves.

34LAward and withdrawal of a Certificate of Completion of TrainingU.K.

(1)Subject to subsection (3), the Registrar shall award a certificate of completion of training (CCT) to any person who applies to the General Council for that purpose if—

(a)that person is a registered medical practitioner;

(b)the Registrar is satisfied that that person has been appointed to, and has satisfactorily completed, a course of training leading to the award of a CCT; and

(b)that course of training has been approved by the General Council under section 34I(1)(a).

(2)The Registrar may only award a CCT in general practice or in a recognised specialty.

(3)A CCT in the specialty of oral and maxillo-facial surgery may be awarded only to a person who has also successfully completed dental training that meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 34 of the Directive.

(4)A CCT shall state—

(a)the date on which it is awarded;

(b)that it is awarded in general practice, or, where applicable, the recognised specialty in which it is awarded;

(c)the name of its holder;

(d)the holder's primary medical qualifications and where those qualifications were awarded; and

(e)the holder's General Council reference number.

(5)The General Council shall make rules as to the procedure to be followed in relation to, and the evidence required in support of, applications for a CCT.

(6)A CCT shall be signed by the Registrar or by another person who has been nominated by the Registrar for this purpose.

(7)A CCT shall be withdrawn where the Registrar is satisfied that it has been fraudulently procured or incorrectly awarded.

34MVisitorsU.K.

(1)The General Council may, if they think fit, appoint persons to visit any body or other person by whom, or under whose direction or management, any postgraduate medical education or training is, or is proposed to be, given.

(2)The persons appointed under subsection (1) in relation to any visit must include at least one person who—

(a)is not, and never has been, registered with full or limited registration under any provision of this Act; and

(b)does not hold qualifications which would entitle an application to be made by that person for provisional or full registration under this Act.

(3)Persons who visit any body or person pursuant to subsection (1) shall prepare a report to the General Council on the visit.

(4)The General Council shall, following a request by any person, make available such reports.

34NPower to require informationU.K.

(1)This section applies to any body or other person that may be visited by persons appointed pursuant to section 34M(1).

(2)A body to which or person to whom this section applies shall give to the Registrar, within such period as the Registrar may reasonably require, any information that the Registrar may reasonably require for the purpose of the Registrar's or the General Council's functions under this Part.

(3)The matters with respect to which the Registrar may require information under subsection (2) include—

(a)the standards and requirements which must be met by persons pursuing postgraduate medical education and training;

(b)the procedures for managing that education or training.

(4)Where a body or person specified in subsection (1) fails to comply with a request under this section, the Registrar shall refer the matter to the General Council with a view to their forming a provisional opinion pursuant to section 34I(5).

34OFeesU.K.

(1)The General Council may make regulations with respect to the charging of fees in connection with—

(a)requests to the Registrar for written statements that a person is eligible for inclusion in the General Practitioner Register or the Specialist Register;

(b)applications for inclusion in the General Practitioner Register under section 34C(3);

(c)applications for inclusion in the Specialist Register under section 34D(4);

(d)requests for certificates under section 34G(2);

(e)applications for approvals under section 34I(1);

(f)applications for CCTs under section 34L(1); and

(g)visits made under section 34M.

(2)Regulations under subsection (1)(b) and (c) may make provision with respect to the charging of fees for the entry of qualifications in the General Practitioner Register or the Specialist Register or on the restoration of entries to those registers.

(3)Regulations under subsection (1) may provide that a request or application in respect of which a fee is payable is not valid unless the fee is paid.

(4)Regulations under subsection (1) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.]

[F241Part VU.K. Fitness to Practise and Medical Ethics

Textual Amendments

F241Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force except for the substitution of ss. 41(7)(8), 41C, 44(4), 44A(3) as notified in the London Gazette dated 8.10.2004, 16.11.2009 for the insertion of s. 41C as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 13 (with Sch. 2)

35General Council’s power to advise on conduct, performance or ethicsU.K.

The powers of the General Council shall include the power to provide, in such manner as the Council think fit, advice for members of the medical profession on—

(a)standards of professional conduct;

(b)standards of professional performance; or

(c)medical ethics.

35AGeneral Council’s power to require disclosure of informationU.K.

(1)For the purpose of assisting the General Council or any of their committees [F242or the Registrar] in carrying out functions in respect of a practitioner’s fitness to practise[F243, or for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of section 18A(1)(b),] a person authorised by the Council may require—

(a)a practitioner (except the practitioner in respect of whom the information or document is sought); or

(b)any other person,

who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document.

(2)As soon as is reasonably practicable after the relevant date, the General Council shall require, from a practitioner whose fitness to practise is being investigated, details of any person—

(a)by whom the practitioner is employed to provide services in, or in relation to, any area of medicine; or

(b)with whom he has an arrangement to do so.

(3)For the purposes of this section and section 35B below the relevant date is the date specified by the General Council by rules under paragraph 1 of Schedule 4 of this Act.

(4)Nothing in this section shall require or permit any disclosure of information which is prohibited by or under any other enactment.

(5)But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in subsection (1) above may, in exercising his functions under that subsection, require that the information be put into a form which is not capable of identifying that individual.

(5A)In determining for the purposes of subsection (4) above whether a disclosure is not prohibited, by reason of being a disclosure of personal data which is exempt from the non-disclosure provisions of the Data Protection Act 1998 by virtue of section 35(1) of that Act, it shall be assumed that the disclosure is required by this section.

(6)Subsection (1) above does not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

[F244(6A)If a person fails to supply any information or produce any document within 14 days of his being required to do so under subsection (1) above, the General Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

(6B)For the purposes of subsection (6A), “the relevant court” means the county court or, in Scotland, the sheriff in whose sheriffdom is situated the address—

(a)which is shown in the register as the address of the person concerned; or

(b)which would have been so shown if the person concerned were registered.]

(7)For the purposes of subsection (4), “enactment” includes—

(a)an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(b)any provision of, or any instrument made under, Northern Ireland legislation.

(8)For the purposes of this section and section 35B below, a “practitioner” means a [F245fully registered person or a provisionally registered person].

Textual Amendments

F244S. 35A(6A)(6B) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 55

F245Words in s. 35A(8) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 12

35BNotification and disclosure by the General CouncilU.K.

(1)As soon as is reasonably practicable after the relevant date, the General Council shall notify the following of an investigation by the General Council of a practitioner’s fitness to practise—

(a)the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales; and

(b)any person in the United Kingdom of whom the General Council are aware—

(i)by whom the practitioner concerned is employed to provide services in, or in relation to, any area of medicine, or

(ii)with whom he has an arrangement to do so.

[F246(2)The General Council may, if they consider it to be in the public interest to do so, publish, or disclose to any person, information—

(a)which relates to a particular practitioner’s fitness to practise, whether the matter to which the information relates arose before or after his registration, or arose in the United Kingdom or elsewhere; or

(b)of a particular description related to fitness to practise in relation to every practitioner, or to every practitioner of a particular description.

(3)For the purposes of subsection (2)(b) above, the General Council need not consider whether it is in the public interest to publish or disclose the information in question in relation to each individual practitioner to whom it relates.

(4)Subject to subsection (5), the General Council shall publish in such manner as they see fit—

(a)decisions of a Fitness to Practise Panel that relate to a finding that a person’s fitness to practise is impaired (including decisions in respect of a direction relating to such a finding that follow a review of an earlier direction relating to such a finding);

(b)decisions of a Fitness to Practise Panel to make an order under section 38(1) or (2) below;

(c)decisions of a Fitness to Practise Panel to refuse an application for restoration to the register or to give a direction under section 41(9) below;

(d)decisions of an Interim Orders Panel or a Fitness to Practise Panel to make an order under section 41A below (including decisions in respect of orders varying earlier orders under that section);

(e)warnings of a Fitness to Practise Panel regarding a person’s future conduct or performance;

( d)warnings of the Investigation Committee regarding a person’s future conduct or performance; and

(g)undertakings that have been agreed in accordance with rules made under paragraph 1(2A) of Schedule 4.

(5)The General Council may withhold from publication under subsection (4) above information concerning the physical or mental health of a person which the General Council consider to be confidential.]

Textual Amendments

F246S. 35B(2)-(5) substituted for s. 35B(2) (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 56

35CFunctions of the Investigation CommitteeU.K.

(1)This section applies where an allegation is made to the General Council against—

[F247(a)a fully registered person; or

(b)a person who is provisionally registered,]

that his fitness to practise is impaired.

(2)A person’s fitness to practise shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a)misconduct;

(b)deficient professional performance;

(c)a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(d)adverse physical or mental health; or

[F248(da)not having the necessary knowledge of English (but see section 2(4));]

(e)a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

[F249(3)This section is not prevented from applying because—

(a)the allegation is based on a matter that is alleged to have occurred—

(i)outside the United Kingdom, or

(ii)at a time when the person was not registered; or

(b)in relation to a person who is a participant in a revalidation pilot scheme, the allegation is based on information obtained in the course of or otherwise in connection with the person’s revalidation under that scheme.]

(4)The Investigation Committee shall investigate the allegation and decide whether it should be considered by a Fitness to Practise Panel.

(5)If the Investigation Committee decide that the allegation ought to be considered by a Fitness to Practise Panel—

(a)they shall give a direction to that effect to the Registrar;

(b)the Registrar shall refer the allegation to a Fitness to Practise Panel; and

(c)the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(6)If the Investigation Committee decide that the allegation ought not to be considered by a Fitness to Practise Panel, they may give a warning to the person who is the subject of the allegation regarding his future conduct or performance.

(7)If the Investigation Committee decide that the allegation ought not to be considered by a Fitness to Practise Panel, but that no warning should be given under subsection (6) above—

(a)they shall give a direction to that effect to the Registrar; and

(b)the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(8)If the Investigation Committee are of the opinion that an Interim Orders Panel or a Fitness to Practise Panel should consider making an order for interim suspension or interim conditional registration under section 41A below in relation to the person who is the subject of the allegation—

(a)they shall give a direction to that effect to the Registrar;

(b)the Registrar shall refer the matter to an Interim Orders Panel or a Fitness to Practise Panel for the Panel to decide whether to make such an order; and

(c)the Registrar shall serve notification of the decision on the person who is the subject of the allegation and the person making the allegation (if any).

(9)In this section—

Textual Amendments

F247S. 35C(1)(a)(b) substituted for (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 13

35CCProvisions supplementary to section 35CU.K.

(1)Rules under paragraph 1 of Schedule 4 to this Act may make provision for—

(a)the Registrar; or

(b)any other officer of the General Council,

to exercise the functions of the Investigation Committee under section 35C above, whether generally or in relation to such classes of case as may be specified in the rules.

(2)Where, by virtue of subsection (1) above, rules provide for the Registrar to exercise the functions of the Investigation Committee under subsections (5), (7) and (8) of section 35C above, those subsections shall apply in relation to him as if paragraph (a) in each of them were omitted.

(3)Section 35C above also applies in a case where[F252, in circumstances other than those specified in section 29C(1)(a) and (b)]—

(a)it comes to the attention of the General Council that a person’s fitness to practise is called into question by one or more of the matters mentioned in subsection (2) of that section, but

(b)no allegation to that effect has been made to the Council against that person,

and in such a case section 35C shall apply as if an allegation to that effect had been made to the Council against that person.

Textual Amendments

F252Words in s. 35CC(3) inserted (3.12.2012 immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 18; S.I. 2012/2686, arts. 1(3), 2(a)(v)

35DFunctions of a Fitness to Practise PanelU.K.

(1)Where an allegation against a person is referred under section 35C above to a Fitness to Practise Panel, subsections (2) and (3) below shall apply.

(2)Where the Panel find that the person’s fitness to practise is impaired they may, if they think fit—

(a)except in a health case [F253or language case], direct that the person’s name shall be erased from the register;

(b)direct that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding twelve months as may be specified in the direction; or

(c)direct that his registration shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Panel think fit to impose for the protection of members of the public or in his interests.

(3)Where the Panel find that the person’s fitness to practise is not impaired they may nevertheless give him a warning regarding his future conduct or performance.

(4)Where a Fitness to Practise Panel have given a direction that a person’s registration be suspended—

(a)under subsection (2) above;

(b)under subsection (10) or (12) below; or

(c)under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act,

subsection (5) below applies.

(5)In such a case, a Fitness to Practise Panel may, if they think fit—

(a)direct that the current period of suspension shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction;

(b)except in a health case [F254or language case], direct that the person’s name shall be erased from the register; or

(c)direct that the person’s registration shall, as from the expiry of the current period of suspension, be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Panel think fit to impose for the protection of members of the public or in his interests,

but, subject to subsection (6) below, the Panel shall not extend any period of suspension under this section for more than twelve months at a time.

(6)In a health case [F255or language case], a Fitness to Practise Panel may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—

(a)the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years; and

(b)the direction is made not more than two months before the date on which the period of suspension would otherwise expire.

(7)Where a Fitness to Practise Panel have given a direction under subsection (6) above for a person’s period of suspension to be extended indefinitely, a Fitness to Practise Panel shall review the direction if—

(a)the person requests them to do so;

(b)at least two years have elapsed since the date on which the direction took effect; and

(c)if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the previous review.

(8)On such a review the Panel may—

(a)confirm the direction;

(b)direct that the suspension be terminated; or

(c)direct that the person’s registration be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Panel think fit to impose for the protection of members of the public or in his interests.

(9)Where—

(a)a direction that a person’s registration be subject to conditions has been given under—

(i)subsection (2), (5) or (8) above,

(ii)subsection (12) below,

(iii)rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act, or

(iv)section 41A below; and

(b)that person is judged by a Fitness to Practise Panel to have failed to comply with any requirement imposed on him as such a condition,

subsection (10) below applies.

(10)In such a case, the Panel may, if they think fit—

(a)except in a health case [F256or language case], direct that the person’s name shall be erased from the register; or

(b)direct that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.

(11)Where a direction that a person’s registration be subject to conditions has been given under—

(a)subsection (2), (5) or (8) above; or

(b)rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act,

subsection (12) below applies.

(12)In such a case, a Fitness to Practise Panel may, if they think fit—

(a)except in a health case [F257or language case], direct that the person’s name shall be erased from the register;

(b)direct that the person’s registration in the Register shall be suspended during such period not exceeding twelve months as may be specified in the direction;

(c)direct that the current period of conditional registration shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction; or

(d)revoke the direction, or revoke or vary any of the conditions imposed by the direction, for the remainder of the current period of conditional registration,

but the Panel shall not extend any period of conditional registration under this section for more than three years at a time.

Textual Amendments

35EProvisions supplementary to section 35DU.K.

(1)Where, under section 35D above, a Fitness to Practise Panel—

(a)give a direction that a person’s name shall be erased from the register;

(b)give a direction for suspension;

(c)give a direction for conditional registration; or

(d)vary any of the conditions imposed by a direction for conditional registration,

the Registrar shall forthwith serve on the person concerned notification of the direction or variation and of his right to appeal against it under section 40 below.

(2)In subsection (1) above—

(a)references to a direction for suspension include a reference to a direction extending a period of suspension; and

(b)references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.

(3)While a person’s registration in the register is suspended by virtue of a direction under section 35D—

(a)he shall be treated as not being registered in the register notwithstanding that his name still appears in it, but

[F258(b)sections 31A, 35C, 35CC and 35D above, this section and section 39 below shall continue to apply to him.]

(4)In section 35D above, “health case” means any case in which a Fitness to Practise Panel has determined that—

(a)a person’s fitness to practise is impaired by reason of a matter falling within paragraph (d) of subsection (2) of section 35C above, but

(b)the person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection [F259other than paragraph (da)].

[F260(5)In section 35D, “language case” means any case in which a Fitness to Practise Panel has determined that—

(a)a person’s fitness to practise is impaired by reason of a matter falling within paragraph (da) of subsection (2) of section 35C, but

(b)that person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (d).]

Textual Amendments

F258S. 35E(3)(b) substituted (19.7.2006 for specified purposes, 15.9.2006 in so far as not already in force as notified in the London Gazette dated 8.9.2006) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 58

Modifications etc. (not altering text)

C6S. 35E(1) excluded (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 84(5)(a)

36 Professional misconduct and criminal offences.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36A Professional performance.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37 Unfitness to practise through illness, etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38Power to order immediate suspension etc. after a finding of impairment of fitness to practiseU.K.

(1)On giving a direction for erasure or a direction for suspension under section 35D(2), (10) or (12) above, or under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act, in respect of any person the Fitness to Practise Panel, if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the best interests of that person, may order that his registration in the register shall be suspended forthwith in accordance with this section.

(2)On giving a direction for conditional registration under section 35D(2) above, or under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act, in respect of any person the Fitness to Practise Panel, if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the best interests of that person, may order that his registration be made conditional forthwith in accordance with this section.

(3)Where, on the giving of a direction, an order under subsection (1) or (2) above is made in respect of a person, his registration in the register shall, subject to subsection (4) below, be suspended (that is to say, shall not have effect) or made conditional, as the case may be, from the time when the order is made until the time when—

(a)the direction takes effect in accordance with—

(i)paragraph 10 of Schedule 4 to this Act; or

(ii)rules made by virtue of paragraph 5A(3) of that Schedule; or

(b)an appeal against it under section 40 below or paragraph 5A(4) of that Schedule is (otherwise than by the dismissal of the appeal) determined.

(4)Where a Fitness to Practise Panel make an order under subsection (1) or (2) above, the Registrar shall forthwith serve a notification of the order on the person to whom it applies.

(5)If, when an order under subsection (1) or (2) above is made, the person to whom it applies is neither present nor represented at the proceedings, subsection (3) above shall have effect as if, for the reference to the time when the order is made, there were substituted a reference to the time of service of a notification of the order as determined for the purposes of paragraph 8 of Schedule 4 to this Act.

(6)Except as provided in subsection (7) below, while a person’s registration in the register is suspended by virtue of subsection (1) above, he shall be treated as not being registered in the register notwithstanding that his name still appears in it.

(7)Notwithstanding subsection (6) above, sections 35C to 35E above shall continue to apply to a person whose registration in the register is suspended.

(8)The relevant court may terminate any suspension of a person’s registration in the register imposed under subsection (1) above or any conditional registration imposed under subsection (2) above, and the decision of the court on any application under this subsection shall be final.

(9)In this section “the relevant court” has the same meaning as in section 40(5) below.

[F26139Fraud or error in relation to registrationU.K.

[F262(1)If the Registrar is satisfied that any entry in—

(a)the register;

(b)the General Practitioner Register; or

(c)the Specialist Register,

has been fraudulently procured or incorrectly made, the Registrar may erase the entry from the appropriate register.]

(2)Where the Registrar decides to erase a person’s name under this section, the Registrar shall forthwith serve on that person notification of the decision and of his right to appeal against the decision under Schedule 3A to this Act.]

Textual Amendments

F261S. 39 substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 60 (with transitional provisions in S.I. 2007/2796, arts. 1(1), 3)

F262S. 39(1) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 11; S.I. 2010/478, art. 2(b)

40AppealsU.K.

(1)The following decisions are appealable decisions for the purposes of this section, that is to say—

(a)a decision of a Fitness to Practise Panel under section 35D above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;

(b)a decision of a Fitness to Practise Panel under section 41(9) below giving a direction that the right to make further applications under that section shall be suspended indefinitely; F263...

F263(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F264(1A)A decision under regulations made—

(a)under section 31 above by virtue of subsection (8) of that section; or

(b)under section 31A(1)(c) above,

not to restore a person’s name to the register for a reason that relates to his fitness to practise is also an appealable decision for the purposes of this section.]

F265(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (1) above—

(a)references to a direction for suspension include a reference to a direction extending a period of suspension; and

(b)references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.

(4)A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 35E(1) above, or section 41(10) F266... below, appeal against the decision to the relevant court.

[F267(4A)A person in respect of whom an appealable decision falling within subsection (1A) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served, appeal against the decision to the relevant court.]

(5)In [F268subsections (4) and (4A)] above, “the relevant court”—

(a)in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session;

(b)in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland; and

(c)in the case of any other person F269... , means the High Court of Justice in England and Wales.

F270(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)On an appeal under this section from a Fitness to Practise Panel, the court may—

(a)dismiss the appeal;

(b)allow the appeal and quash the direction or variation appealed against;

(c)substitute for the direction or variation appealed against any other direction or variation which could have been given or made by a Fitness to Practise Panel; or

(d)remit the case to the Registrar for him to refer it to a Fitness to Practise Panel to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(8)On an appeal under this section from the General Council, the court (or the sheriff) may—

(a)dismiss the appeal;

(b)allow the appeal and quash the direction appealed against; or

(c)remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),

and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

(9)[F271On an appeal under this section from a Fitness to Practise Panel, the General Council may appear as respondent; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.]

[F271On an appeal under this section from the Adjudicator, the General Council may appear as respondent; and for the purpose of any order as to costs (or, in Scotland, expenses) in relation to any such appeal the General Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.]

Textual Amendments

F264S. 40(1A) inserted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 49(a) (with transitional provisions in S.I. 2007/2796, arts. 1(1), 3)

F265S. 40(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 61 (with transitional provisions in S.I. 2007/2796, arts. 1(1), 3)

F267S. 40(4A) inserted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 49(b) (with transitional provisions in S.I. 2007/2796, arts. 1(1), 3)

F268Words in s. 40(5) substituted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 49(c) (with transitional provisions in S.I. 2007/2796, arts. 1(1), 3)

F270S. 40(6) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 61 (with transitional provisions in S.I. 2007/2796, arts. 1(1), 3)

41 Restoration of names to the register.U.K.

(1)Subject to subsections (2) and (6) below, where the name of a person has been erased from the register under section 35D above, [F272or section 44B(4)(b) below,] a Fitness to Practise Panel may, if they think fit, direct that his name be restored to the register.

(2)No application for the restoration of a name to the register under this section shall be made to a Fitness to Practise Panel—

(a)before the expiration of five years from the date of erasure; or

(b)in any period of twelve months in which an application for the restoration of his name has already been made by or on behalf of the person whose name has been erased.

(3)An application under this section shall be made to the Registrar who shall refer the application to a Fitness to Practise Panel.

(4)In the case of a person who was provisionally registered under section 15, [F27315A, 21 or 21C] above before his name was erased, a direction under subsection (1) above shall be a direction that his name be restored by way of provisional registration under section 15, [F27315A, 21 or 21C] above, as the case requires.

(5)The requirements of Part II or Part III of this Act as to the experience required for registration as a fully registered medical practitioner shall not apply to registration in pursuance of a direction under subsection (1) above.

(6)Before determining whether to give a direction under subsection (1) above, a Fitness to Practise Panel shall require an applicant for restoration to provide such evidence as they direct as to his fitness to practise; and they shall not give such a direction if that evidence does not satisfy them.

(7)A Fitness to Practise Panel shall not give a direction under subsection (1) above unless at the same time in accordance with regulations made by the General Council under this subsection, they direct the Registrar to restore the practitioner’s licence to practise.

(8)Subsections (3) to (5) of section 29J above apply to regulations made under subsection (7) above as they apply in relation to regulations made under section 29A above.

(9)Where, during the same period of erasure, a second or subsequent application for the restoration of a name to the register, made by or on behalf of the person whose name has been erased, is unsuccessful, a Fitness to Practise Panel may direct that his right to make any further such applications shall be suspended indefinitely.

(10)Where a Fitness to Practise Panel give a direction under subsection (9) above, the Registrar shall without delay serve on the person in respect of whom it has been made a notification of the direction and of his right to appeal against it in accordance with section 40 above.

(11)Any person in respect of whom a direction has been given under subsection (9) above may, after the expiration of three years from the date on which the direction was given, apply to the Registrar for that direction to be reviewed by a Fitness to Practise Panel and, thereafter, may make further applications for review; but no such application may be made before the expiration of three years from the date of the most recent review decision.

Textual Amendments

F272Words in s. 41(1) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 50

F273Words in s. 41(4) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 40

41AInterim OrdersU.K.

(1)Where an Interim Orders Panel or a Fitness to Practise Panel are satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a fully registered person, for the registration of that person to be suspended or to be made subject to conditions, the Panel may make an order—

(a)that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding eighteen months as may be specified in the order (an “interim suspension order”); or

(b)that his registration shall be conditional on his compliance, during such period not exceeding eighteen months as may be specified in the order, with such requirements so specified as the Panel think fit to impose (an “order for interim conditional registration”).

(2)Subject to subsection (9) below, where an Interim Orders Panel or a Fitness to Practise Panel have made an order under subsection (1) above, an Interim Orders Panel or a Fitness to Practise Panel—

(a)shall review it within the period of six months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—

(i)before the end of the period of six months beginning on the date of the decision of the immediately preceding review; or

(ii)if after the end of the period of three months beginning on the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and

(b)may review it where new evidence relevant to the order has become available after the making of the order.

(3)Where an interim suspension order or an order for interim conditional registration has been made in relation to any person under any provision of this section (including this subsection), an Interim Orders Panel or a Fitness to Practise Panel may, subject to subsection (4) below—

(a)revoke the order or revoke any condition imposed by the order;

(b)vary any condition imposed by the order;

(c)if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former; or

(d)if satisfied that to do so is necessary for the protection of members of the public, or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former.

(4)No order under subsection (1) or (3)(b) to (d) above shall be made by any Panel in respect of any person unless he has been afforded an opportunity of appearing before the Panel and being heard on the question of whether such an order should be made in his case; and for the purposes of this subsection a person may be represented before the Panel by counsel or a solicitor, or (if rules made under paragraph 1 of Schedule 4 to this Act so provide and he so elects) by a person of such other description as may be specified in the rules.

(5)If an order is made under any provision of this section, the Registrar shall without delay serve a notification of the order on the person to whose registration it relates.

(6)The General Council may apply to the relevant court for an order made by an Interim Orders Panel or a Fitness to Practise Panel under subsection (1) or (3) above to be extended, and may apply again for further extensions.

(7)On such an application the relevant court may extend (or further extend) for up to 12 months the period for which the order has effect.

(8)Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.

(9)For the purposes of subsection (2) above the first review after the relevant court’s extension of an order made by an Interim Orders Panel or a Fitness to Practise Panel or after a replacement order made by an Interim Orders Panel or a Fitness to Practise Panel under subsection (3)(c) or (d) above shall take place—

(a)if the order (or the order which has been replaced) had not been reviewed at all under subsection (2), within the period of six months beginning on the date on which the relevant court ordered the extension or on which a replacement order under subsection (3)(c) or (d) was made; and

(b)if it had been reviewed under the provision, within the period of three months beginning on that date.

(10)Where an order has effect under any provision of this section, the relevant court may—

(a)in the case of an interim suspension order, terminate the suspension;

(b)in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order;

(c)in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),

and the decision of the relevant court under any application under this subsection shall be final.

(11)Except as provided in subsection (12) below, while a person’s registration in the register is suspended by virtue of an interim suspension order under this section he shall be treated as not being registered in the register notwithstanding that his name still appears in the register.

(12)Notwithstanding subsection (11) above, sections [F27431A, 35C to 35E and 39] above shall continue to apply to a person whose registration in the register is suspended.

(13)This section applies to a provisionally registered person F275... whether or not the circumstances are such that he falls within the meaning in this Act of the expression “fully registered person”.

(14)In this section “the relevant court” has the same meaning as in section 40(5) above.

Textual Amendments

F274Words in s. 41A(12) substituted (19.7.2006 for specified purposes, 15.9.2006 in so far as not already in force as notified in the London Gazette dated 8.9.2006) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 59

F275Words in s. 41A(13) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 14

41B Interim orders made by committees other than the Interim Orders CommitteeU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41CEffect of directions or orders on a licence to practiseU.K.

(1)Where under this Part or under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act—

(a)a direction is given that a medical practitioner’s name be erased from the register; or

(b)an order is made or a direction is given that his registration as a medical practitioner be suspended,

the practitioner’s licence to practise shall be withdrawn with effect from the date when the direction or order has effect.

(2)Where a medical practitioner’s registration has been suspended and—

(a)that suspension expires without being further extended;

(b)the suspension is brought to an end without any direction for erasure or further suspension being made,

the practitioner’s licence to practise shall be restored with effect from the date on which the suspension comes to an end.

42 Preliminary proceedings as to professional misconduct and unfitness to practise.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43Proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise PanelsU.K.

Schedule 4 to this Act (which contains supplementary provisions about proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels) shall have effect.

44 Effect of disqualification in another [F276relevant European State] on registration in the United Kingdom.U.K.

(1)A person who is subject to a disqualifying decision in [F277a relevant European State] in which he is or has been established in medical practice shall not be entitled to be registered by virtue of section 3(1)(b) [F278, 14A or 19A] above for so long as the decision remains in force in relation to him.

(2)A disqualifying decision in respect of a person is a decision, made by responsible authorities of [F279the relevant European State] in which he was established in medical practice or in which he acquired a [F280medical qualification], and—

(a)expressed to be made on the grounds that he has committed a criminal offence or on grounds related to his professional conduct, professional performance or physical or mental health; and

(b)having in that State the effect either that he is no longer registered or otherwise officially recognised as a medical practitioner, or that he is prohibited [F281(whether on a permanent or temporary basis)] from practising medicine there.

(3)If a person has been registered by virtue of section 3(1)(b) [F282, 14A or 19A] above and it is subsequently shown to the satisfaction of the Registrar that he was subject to a disqualifying decision in force at the time of registration, and that the decision remains in force, the Registrar shall remove the person’s name from the register.

(4)A decision under—

(a)subsection (1) above not to register a person; or

(b)subsection (3) above to remove a person’s name from the register,

is an appealable registration decision for the purposes of Schedule 3A to this Act.

(5)If a person has been registered as a fully registered medical practitioner by virtue of section 3(1)(b) [F283, 14A or 19A] above at a time when a disqualifying decision was in force in respect of him, and he has been so registered for a period of not less than one month throughout which the decision had effect—

(a)a Fitness to Practise Panel may direct that his registration be suspended for such period, not exceeding the length of the first-mentioned period, as the Panel think fit, and the period of suspension shall begin on a date to be specified in the Panel’s direction; and

(b)sections 35E(1) and (3) and 40 and paragraphs 1, 2, 8, 9, 10, 12 and 13 of Schedule 4 to this Act shall have effect, with any necessary modifications, in relation to suspension under this subsection.

(6)Where on or after the date on which a person was registered by virtue of section 3(1)(b) [F284, 14A or 19A] above a disqualifying decision relating to him comes into force, this Part of this Act shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.

F285(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28644AEffect of disqualification or conviction on registrationU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F286S. 44A omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 51(1) (for transitional provisions see S.I. 2007/2796, arts. 1(1), 4)

[F28744BProvision of information in respect of fitness to practise mattersU.K.

(1)If a person has been registered by virtue of any provision of this Act [F288, other than Schedule 2A,] and it is subsequently shown to the satisfaction of the Registrar that—

(a)his fitness to practise was impaired at the time of his registration [F289as a result of serious, specific circumstances or because of a problem] with his physical or mental health; and

(b)he had not informed the Registrar of [F290those circumstances or that problem] before his registration,

the Registrar may erase that person’s name from the register.

(2)The General Council may by regulations make provision for the information to be provided to the Registrar—

(a)by or in respect of a person seeking registration by virtue of any provision of this Act, other than [F291Schedule 2A], for the purpose of determining whether his fitness to practise is impaired;

(b)by or in respect of a person who is fully registered [F292otherwise than by virtue of Schedule 2A,] or provisionally registered, for the purpose of determining whether his fitness to practise was impaired at the time of his registration [F293as a result of serious, specific circumstances or because of a problem] with his physical or mental health.

[F294(3)In subsections (1) and (2), “serious, specific circumstances” has the same meaning as in article 56(2) of the Directive (exchange between authorities of information about disciplinary action etc.).]

(4)The Registrar may—

(a)refuse to register (even if he is directed by the General Council to do so) any person who fails to comply with, or in respect of whom there is a failure to comply with, regulations made under subsection (2)(a) above;

(b)erase from the register the name of any person who fails to comply with, or in respect of whom there is a failure to comply with, regulations made under subsection (2)(b) above.

F295(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F295(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F295(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F295(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F295(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Regulations under subsection (2) above shall not have effect until approved by order of the Privy Council.

[F296(11)Any provision made under subsection (2)(a) has effect subject to section 44BA below.]]

Textual Amendments

F287S. 44B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 51(2)

[F29744BAFitness to practise of exempt persons: sufficient evidenceU.K.

(1)Subsections (2) to (5) apply in relation to an exempt person (“E”) who applies for registration under section 3(1)(b), 14A or 19A of this Act.

(2)For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which—

(a)attests to E's good physical and mental health; and

(b)is required of a person who wishes to practise medicine in E's attesting State.

(3)If no such certificate is required of persons who wish to practise medicine in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which—

(a)attests to E's good physical and mental health; and

(b)is issued by a competent authority in E's attesting State.

(4)For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate which—

(a)attests to E's good character or good repute; and

(b)is issued by a competent authority in E's attesting State.

(5)If no such certificate is issued by a competent authority in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate—

(a)attesting to the authenticity of a declaration on oath made by E—

(i)before a competent judicial or administrative authority, notary or qualified professional body of E's attesting State, and

(ii)attesting to E's good character; and

(b)issued by the authority, notary or body referred to in paragraph (a)(i).

In this subsection, “declaration on oath” includes a solemn declaration.

(6)In subsections (2) to (5) the “attesting State”, in relation to E, is—

(a)the relevant European State in which E obtained his medical qualification; or

(b)(if different) the relevant European State from which E comes to the United Kingdom.

(7)The Registrar shall not accept any certificate referred to in subsection (2), (3), (4) or (5) if it is presented more than three months after the date on which it was issued.]

Textual Amendments

[F29844CIndemnity arrangementsU.K.

(1)A person who holds a licence to practise as a medical practitioner, and practises as such, must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.

(2)For the purposes of this section, an “indemnity arrangement” may comprise—

(a)a policy of insurance;

(b)an arrangement for the purposes of indemnifying a person;

(c)a combination of the two.

(3)For the purposes of this section, “appropriate cover”, in relation to practice as a medical practitioner, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.

(4)The General Council may make regulations in connection with the information to be provided to the Registrar—

(a)by or in respect of a person seeking a licence to practise for the purpose of determining whether, if he is granted such a licence, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; and

(b)by or in respect of a person who holds a licence to practise for the purpose of determining whether there is in force in relation to him an indemnity arrangement which provides appropriate cover.

(5)Regulations made under subsection (4)(b) may require the information mentioned there to be provided—

(a)at the request of the Registrar; or

(b)on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual practitioners or practitioners of a particular description.

(6)The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.

(7)The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.

(8)A licensing authority may refuse to grant a licence to practise to any person who fails to comply, or in respect of whom there is a failure to comply, with regulations made under subsection (4)(a).

(9)Where a person who holds a licence to practise is in breach of subsection (1) or there is a failure to comply with regulations made under subsection (4)(b) in relation to him—

(a)a licensing authority may withdraw that person's licence to practise; or

(b)the breach or failure may be treated as misconduct for the purposes of section 35C(2)(a) , and the Registrar may accordingly refer the matter to the Investigation Committee under section 35C(4).

(10)Regulations made under subsection (4), (6) or (7) shall not have effect until approved by the Privy Council.

(11)This section does not apply to a person who holds a licence to practise as a result of registration under Schedule 2A (visiting medical practitioners from relevant European States).]

Textual Amendments

[F29944DApproved practice settingsU.K.

(1)Unless the Registrar otherwise directs in relation to a particular person, a person who is registered under section 3(1)(a) or 21B above after the coming into force of this section shall, before his first revalidation in accordance with Part 3A above after he is registered, practise medicine in the United Kingdom only in a practice setting—

(a)where he is subject to a governance system that includes, but is not limited to, provision for appropriate supervision and appraisal arrangements or assessments; and

(b)which is, or which is of a type which is, for the time being recognised by the General Council, either generally or in relation to him or to practitioners of his class, as being acceptable for a practitioner who is newly fully registered.

(2)Unless the Registrar otherwise directs in relation to a particular person, a person whose name is restored to the register after the coming into force of this section shall, before his first revalidation in accordance with Part 3A above after his name is restored to the register, practise medicine in the United Kingdom only in a practice setting—

(a)where he is subject to a governance system that includes, but is not limited to, provision for appropriate supervision and appraisal arrangements or assessments; and

(b)which is, or which is of a type which is, for the time being recognised by the General Council, either generally or in relation to him or to practitioners of his class, as being acceptable for a practitioner who is newly restored to the register.

(3)The General Council may limit their recognition of—

(a)a particular practice setting so that it is recognised in relation only to one or more particular practitioners or particular classes of practitioner;

(b)a particular type of practice setting so that it is recognised in relation only to one or more particular classes of practitioner.

(4)The General Council may exclude a particular practice setting from their recognition of a particular type of practice setting—

(a)in relation to all practitioners; or

(b)in relation to one or more particular classes of practitioner.

(5)The General Council may at any time vary or withdraw their recognition from a particular practice setting or a particular type of practice setting.

(6)An example of a valid reason for withdrawing recognition from a particular practice setting, or excluding a particular practice setting from recognition of a particular type of practice setting, is that the relevant governance system operated there is not quality assured by a body that is acceptable to the General Council as a provider of quality assurance.

(7)If—

(a)a person starts practising medicine in a practice setting that is, or is of a type that is, recognised under whichever is appropriate of subsection (1)(b) or (2)(b) above, either generally or in relation to practitioners of his class; and

(b)while he is practising medicine there, it ceases to be so recognised,

it is to be treated as continuing to be recognised in relation to the particular practitioner while he continues to practise medicine there.

(8)The General Council may by regulations make provision for the information to be provided to the Registrar by or in respect of a fully registered person for the purposes of determining whether or not he is in breach of subsection (1) or (2) above.

(9)If a fully registered person—

(a)is in breach of subsection (1) or (2) above; or

(b)fails to comply with regulations made under subsection (8) above, or there is a failure to comply with those regulations in respect of him,

the breach or failure may be treated as misconduct for the purposes of section 35C(2)(a) above, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) above.

(10)Regulations under subsection (8) above shall not have effect until approved by order of the Privy Council.

(11)The General Council may publish guidance for practitioners who—

(a)are newly fully registered or whose names are newly restored to the register; but

(b)are not subject to the requirements imposed by subsection (1) and (2),

on what are suitable practice settings for them before their first revalidation in accordance with Part 3A above after being registered or before their names are restored to the register.]]

Textual Amendments

F299S. 44D inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 70 (with art. 89)

Modifications etc. (not altering text)

C7S. 44D(1) modified (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 84(4)(b)

F30045Disciplinary provisions affecting practitioners who render services while visiting the United KingdomU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F301Part 5AU.K.Responsible Officers

Textual Amendments

F301Pt. 5A inserted (21.7.2008 for specified purposes, 1.4.2010 for E.W.S.) by Health and Social Care Act 2008 (c. 14), ss. 119, 170; S.I. 2010/708, art. 3(a)

45ARequirement to nominate or appoint responsible officerU.K.

(1)The appropriate authority may by regulations make provision for or in connection with requiring designated bodies to nominate or appoint persons who are to have such responsibilities as may be conferred on them by virtue of section 45B.

(2)A person who is so nominated or appointed by a designated body is to be known as its responsible officer (but this is subject to any provision made by virtue of subsection (5)(e)).

(3)In this Part “designated body” means—

(a)a body falling within any description of bodies prescribed for the purposes of this section, or

(b)any other body prescribed for those purposes.

(4)The descriptions of bodies, or particular bodies, that may be so prescribed are descriptions of bodies, or particular bodies, appearing to the appropriate authority—

(a)to provide, or arrange for the provision of, health care, or

(b)to employ or contract with medical practitioners.

(5)Regulations under this section may make provision—

(a)for conditions that must be satisfied in relation to a person if that person is to be nominated or appointed as, or remain as, a responsible officer of a designated body,

(b)authorising or requiring a designated body to nominate or appoint more than one responsible officer,

(c)for a single person to be nominated or appointed as the responsible officer for each of two or more designated bodies where those bodies are satisfied as to the prescribed matters,

(d)requiring a designated body that has a responsible officer to provide to the officer, or, if that designated body does not employ the officer, to the employer of the officer, funds and other resources necessary for enabling the officer to discharge the officer's prescribed responsibilities as a responsible officer for the designated body,

(e)for the persons nominated or appointed as mentioned in subsection (1) to be known by such name as is prescribed, and

(f)for making such amendments of any enactment as appear to the appropriate authority to be required in connection with any provision made by virtue of paragraph (e).

(6)The conditions imposed under subsection (5)(a) may in particular include a requirement for the designated body to consult the General Council before nominating or appointing any person as a responsible officer for the body.

(7)Regulations under this section may in prescribed cases provide that a responsible officer for a designated body is to be nominated by the appropriate authority instead of the designated body.

(8)In this section—

Modifications etc. (not altering text)

C8S. 45A(5)(d) applied (with modifications) (21.7.2008 for specified purposes, 1.4.2010 for E.W.) by Health and Social Care Act 2008 (c. 14), ss. 120(5), 170 (with s. 122); S.I. 2010/708, art. 3(b)

45BResponsibilities of responsible officerU.K.

(1)Regulations under section 45A may make provision for or in connection with—

(a)conferring on the responsible officer or officers for a designated body responsibilities relating to the evaluation of the fitness to practise of medical practitioners having a prescribed connection with that body, and

(b)requiring a responsible officer for a designated body to co-operate with the General Council, any of its committees, or any persons authorised by the General Council, in connection with the exercise by any of them of functions under Part 3A or 5 of this Act.

(2)Where a designated body has more than one responsible officer, regulations under section 45A may make provision for or in connection with the division of prescribed responsibilities among those officers, including provision for the division to be determined by the designated body.

(3)The power by virtue of subsection (1)(a) to prescribe the connection between a medical practitioner and a designated body includes, in particular, power to prescribe a connection based on any of the following circumstances—

(a)the practitioner being employed by the designated body,

(b)the practitioner providing services to the designated body,

(c)the practitioner being employed by a person who provides services to the designated body,

(d)the practitioner providing services in the geographical area in relation to which the designated body exercises functions in relation to the provision of [F302any of the UK health services], or

(e)the practitioner being employed by or providing services to, or pursuant to arrangements made by, a body which is located in the geographical area in relation to which the designated body exercises functions in relation to the provision of [F303any of the UK health services] but is not itself a designated body.

(4)A designated body may confer on any of its responsible officers such powers as it considers appropriate to enable the officer to discharge any of the officer's prescribed responsibilities as a responsible officer for the body.

(5)If a designated body requires any of its responsible officers to carry out any functions other than the officer's prescribed responsibilities, it must in doing so have regard to the officer's prescribed responsibilities.

F304(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F302Words in s. 45B(3)(d) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 13(a); S.I. 2010/478, art. 2(b)

F303Words in s. 45B(3)(e) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 13(a); S.I. 2010/478, art. 2(b)

F304S. 45B(6) omitted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 13(b); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

C9S. 45B(2)-(5) applied (with modifications) (21.7.2008 for specified purposes, 1.4.2010 for E.W.) by Health and Social Care Act 2008 (c. 14), ss. 120(5), 170 (with s. 122); S.I. 2010/708, art. 3(b)

45CRegulations under section 45A: further provisionsU.K.

(1)Regulations under section 45A may—

(a)create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and

(b)create other procedures for enforcing any provisions of the regulations.

(2)Regulations under section 45A may require a designated body or a responsible officer to have regard to any guidance given from time to time by the appropriate authority or any other prescribed person in relation to the nomination or appointment of responsible officers or their prescribed responsibilities.

(3)Regulations under section 45A may make provision requiring—

(a)a body which employs, or is provided with services by, a medical practitioner, or which arranges for others to be provided with services by a medical practitioner, but which is not a designated body, or

(b)a medical practitioner,

to provide, to the responsible officer with prescribed responsibilities relating to that medical practitioner or to the designated body for which the officer is a responsible officer or, if that designated body does not employ the responsible officer, to the employer of the officer, funds and other resources necessary for enabling the responsible officer to discharge the officer's prescribed responsibilities relating to that medical practitioner.

(4)Regulations under section 45A may make provision for or in connection with requiring prescribed persons to supply information or produce documents to a responsible officer in connection with the discharge of the prescribed responsibilities of the responsible officer.

Modifications etc. (not altering text)

C10S. 45C(1) applied (with modifications) (21.7.2008 for specified purposes, 1.4.2010 for E.W.) by Health and Social Care Act 2008 (c. 14), ss. 120(5), 170 (with s. 122); S.I. 2010/708, art. 3(b)

C11S. 45C(3) applied (with modifications) (21.7.2008 for specified purposes, 1.4.2010 for E.W.) by Health and Social Care Act 2008 (c. 14), ss. 120(5), 170 (with s. 122); S.I. 2010/708, art. 3(b)

C12S. 45C(4) applied (with modifications) (21.7.2008 for specified purposes, 1.4.2010 for E.W.) by Health and Social Care Act 2008 (c. 14), ss. 120(5), 170 (with s. 122); S.I. 2010/708, art. 3(b)

45DF301Crown applicationU.K.

(1)This Part binds the Crown.

(2)No contravention by the Crown of any provision of this Part or regulations made under this Part makes the Crown criminally liable; but the High Court (or, in Scotland, the Court of Session) may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3)The provisions of this Part apply to persons in the service of the Crown as they apply to other persons.

(4)Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

45ERegulations under section 45A: supplementary provisionsU.K.

(1)The power of the Secretary of State to make regulations under section 45A is exercisable by statutory instrument.

(2)Before making any regulations under section 45A, the Secretary of State must consult—

(a)the Scottish Ministers, if the regulations extend to Scotland, and

(b)the Welsh Ministers, if the regulations apply to Wales.

(3)A statutory instrument that—

(a)contains regulations made by the Secretary of State under section 45A, and

(b)is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5)The power of the Department of Health, Social Services and Public Safety in Northern Ireland to make regulations under section 45A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(6)A statutory rule that—

(a)contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and

(b)is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly,

is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(7)The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8)Regulations under section 45A may make different provision for different cases.

45FF301Interpretation of Part 5AU.K.

In this Part—

Part VIU.K. Privileges of Registered Practitioners

46 Recovery of fees.U.K.

(1)Except as provided in [F305subsection (2A)] below, no person shall be entitled to recover any charge in any court of law for any medical advice or attendance, or for the performance of any operation, F306... unless he proves that he is fully registered [F307and holds a licence to practise].

F308(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F309(2A)Subsection (1) above shall not apply to fees in respect of medical services lawfully provided—

(a)under arrangements to provide services as part of F310... [F310any of the UK health services];

(b)by any person who is not a medical practitioner but who is entitled to provide those medical services by virtue of an enforceable [F22EU] right;

(c)by a person who is a member of a profession regulated by a body, apart from the General Council, mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.]

(3)Where a practitioner is a fellow of a college of physicians, fellows of which are prohibited by byelaw from recovering by law their expenses, charges or fees, then, notwithstanding that he is fully registered [F311and holds a licence to practise], the prohibitory byelaw, so long as it is in force, may be pleaded in bar of any legal proceedings instituted by him for the recovery of expenses, charges or fees.

Textual Amendments

F306Words in s. 46(1) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 73(a)(ii)

F307Words in s. 46(1) inserted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(4) (with Sch. 2)

F309S. 46(2A) inserted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 73(b)

F310Words in s. 46(2A)(a) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 14; S.I. 2010/478, art. 2(b)

F311Words in s. 46(3) inserted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(4) (with Sch. 2)

47[F312Appointments not to be held except by fully registered medical practitioners who hold licences to practise.]U.K.

(1)[F313Subject to subsection (2) below, only a person who is fully registered and who holds a licence to practise may hold an appointment as physician, surgeon or other medical officer]—

(a)in the naval, military or air service,

(b)in any hospital or other place for the reception of persons suffering from mental disorder, or in any other hospital, infirmary or dispensary not supported wholly by voluntary contributions,

(c)in any prison, or

(d)in any other public establishment, body or institution,

or to any friendly or other society for providing mutual relief in sickness, infirmity or old age.

(2)Nothing in this section shall prevent any person who is not a Commonwealth citizen from being and acting as the resident physician or medical officer of any hospital established exclusively for the relief of foreigners in sickness, so long as he—

(a)has obtained from a foreign university a degree or diploma of doctor in medicine and has passed the regular examinations entitling him to practise medicine in his own country, and

(b)is engaged in no medical practice except as such a resident physician or medical officer.

[F314(3)None of the suspension events mentioned in subsection (4) below shall terminate any appointment such as is mentioned in subsection (1) above, but the person suspended shall not perform the duties of such an appointment during the suspension.

(4)The suspension events are—

(a)the suspension of registration of a person by a Fitness to Practise Panel—

(i)following a finding of impairment of fitness to practise by reason of deficient professional performance or adverse physical or mental health under section 35D above, or

(ii)under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act;

(b)an order for immediate suspension by a Fitness to Practise Panel under section 38(1) above; or

(c)an interim suspension order by an Interim Orders Panel or a Fitness to Practise Panel under section 41A above (or such an order as extended under that section).]

Textual Amendments

F312S. 47 sidenote substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(5)(b) (with Sch. 2)

F313Words in s. 47(1) substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(5)(a) (with Sch. 2)

F314S. 47(3)(4) substituted for s. 47(3) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(2) (with Sch. 2)

48 [F315Certificates invalid if not signed by fully registered medical practitioners who hold licences to practise.]U.K.

A certificate required by any enactment, whether passed before or after the commencement of this Act, from any physician, surgeon, licentiate in medicine and surgery or other medical practitioner shall not be valid unless the person signing it is fully registered [F316and holds a licence to practise].

Textual Amendments

F315S. 48 sidenote substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(6)(b) (with Sch. 2)

F316Words in s. 48 added (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(6)(a) (with Sch. 2)

49 Penalty for pretending to be registered.U.K.

(1)F317... any person who wilfully and falsely pretends to be or takes or uses the name or title of physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner or apothecary, or any name, title, addition or description implying that he is registered under any provision of this Act, or that he is recognised by law as a physician or surgeon or licentiate in medicine and surgery or a practitioner in medicine or an apothecary, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale F318. . .

F319(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit.

(4)Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (3) above shall be paid to the treasurer of the General Council.

Textual Amendments

F318Words in s. 49(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV.

[F32049APenalty for pretending to hold a licence to practiseU.K.

(1)If a person who does not hold a licence to practise—

(a)holds himself out as having such a licence; or

(b)engages in conduct calculated to suggest that he has such a licence,

he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit.

(3)Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (2) above shall be paid to the Treasurer of the General Council.]

Textual Amendments

F320S. 49A inserted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 12(7) (with Sch. 2)

Part VIIU.K. Miscellaneous and General

[F32149BThe Directive: designation of competent authority etc.U.K.

(1)The General Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the medical profession.

(2)The designation under subsection (1)—

F322(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)does not extend to the awarding of primary United Kingdom qualifications.

[F323(3)Accordingly, the General Council shall, in the United Kingdom, carry out (in particular) the functions specified in Schedule 4A.]

(4)The bodies and combinations of bodies [F324included in the list maintained under section 4(1)] are designated as competent authorities in the United Kingdom for the purposes of awarding primary United Kingdom qualifications.

(5)Subject to subsection (6), the Secretary of State may give directions to the General Council in connection with their functions specified in Schedule 4A, and it shall be the duty of the General Council to comply with any such directions.

(6)Directions given under subsection (5) may be as to matters of administration only.

(7)In Schedule 4A, “non-UK medical qualification” means a medical qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom.]

Textual Amendments

F322S. 49B(2)(a) omitted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 15(a); S.I. 2010/478, art. 2(b)

F323S. 49B(3) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 15(b); S.I. 2010/478, art. 2(b)

50 Default powers of Privy Council.U.K.

(1)If at any time it appears to the Privy Council that—

(a)[F325the General Council] have failed to secure the maintenance of the prescribed standard of proficiency at examinations; or

(b)[F326the General Council] ought to exercise any power, perform any duty, or do any act or thing vested in, imposed on or authorised to be done by them, by any provision of this Act except section 7, [F32710A or] [F32832(1) to (3), (7) or (9)] F329... or paragraph 7 of Schedule 4 to this Act,

the Privy Council may notify their opinion to the General CouncilF330....

(2)If the General Council fail to comply with any directions of the Privy Council relating to a notification given under subsection (1) above, the Privy Council may themselves give effect to those directions, and for that purpose may exercise any power vested in the General Council or do any act or thing authorised to be done by that Council and may of their own motion do any act or thing which under this Act they are authorised to do in pursuance of a representation or suggestion from the General Council.

F331(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F327Words in s. 50(1)(b) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 31

F328Words in s. 50(1)(b) substituted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 74

F329Words in s. 50(1)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(3) (with Sch. 2)

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

(1)Any power of the Privy Council to make orders under the provisions of this Act F332... shall be exercisable by statutory instrument.

(2)Except as provided in subsection (3) below, any statutory instrument containing an Order in Council or order of the Privy Council under any provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F333(3)Subsection (2) above does not apply to—

F334(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an order of the Privy Council under sectionF335... 31(10) above.]

Textual Amendments

F333S. 51(3) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 32

52 Exercise of powers of Privy Council.U.K.

(1)Any power vested in the Privy Council by this Act may be exercised by any two or more of the lords and others of the Council.

(2)Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the clerk of the Council, and an order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council, and an instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.

[F33652AAnnual reports, statistical reports and strategic plansU.K.

(1)The General Council shall publish, by such date in each year as the Privy Council shall specify—

(a)a report on the exercise of their functions which includes a description of the arrangements that the General Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006);

(b)a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the General Council have put in place to protect members of the public from persons who are provisionally registered or fully registered and whose fitness to practise is impaired, together with the General Council’s observations on the report; and

(c)a strategic plan for the General Council in respect of such number of years as the General Council shall determine.

(2)The General Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.]

Textual Amendments

53 Proof of certain instruments.U.K.

(1)A copy of any instrument mentioned in subsection (2) below which—

(a)purports to be printed by the Queen's printers, or by any other printers in pursuance of authority given by the General Council, or

(b)is certified to be a true copy by the Registrar or by any other person appointed by the General Council, either in addition to or in place of the Registrar, to certify any such instrument,

shall be admissible in evidence.

(2)The instruments referred to in subsection (1) above are—

F337(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)regulations made by the General Council under section 31 or 32 above;

[F338(c)an order of a Fitness to Practise Panel under section 38 above; and]

(d)a direction of the General Council under section 39 above.

Textual Amendments

F338S. 53(2)(c) substituted (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(5) (with Sch. 2)

54 Saving for certain occupations.U.K.

Nothing in this Act shall prejudice or in any way affect the lawful occupation, trade, or business of chemists and druggists and dentists, or the rights, privileges or employment of duly licensed apothecaries in Northern Ireland, so far as the occupation, trade or business extends to selling, compounding or dispensing medicines.

55 Interpretation.U.K.

[F339(1)]In this Act—

[F364(2)In relation to anything done before the adoption by the Council of Directive 93/16/EEC, references in this Act to [F365the Directive], or to any provision of [F365the Directive], shall be construed as references to, or to the corresponding provision of, the following Directives as for the time being amended, namely—

(a)Council Directive No.75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine; and

(b)Council Directive No.75/363/EEC concerning the coordination of provisions in respect of activities of doctors.]

[F366(3)In relation to anything done—

(a)before the adoption by the Council and the European Parliament of the Directive, but

(b)after the adoption by the Council of Directive 93/16/EEC,

references in this Act to the Directive, or to any provision of the Directive, shall be construed as references to, or to any corresponding provision of, Directive 93/16/EEC as for the time being amended.

(4)In this section, “Directive 93/16/EEC” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ No. L165, 7.7.93, p.1).]]]]]]

Textual Amendments

F339S. 55 renumbered as s. 55(1) (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(1)

F340Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 41(a)

F341Words in s. 55(1) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 33(a)

F343Words in s. 55(1) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 16; S.I. 2010/478, art. 2(b)

F347Words in s. 55(1) inserted (17.12.2002 for specified purposes, 7.7.2004, 1.11.2004, 8.9.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)

F348Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)

F351Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 41(b)(ii)

F352Words in s. 55(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(a)

F354Words in s. 55(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(b)

F357Words in s. 55(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(c)

F358Words in s. 55(1) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 33(b)

F359Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 41(c)

F360In s. 55(1) definition of "recognised overseas qualification" omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(a) (with transitional provisions in Sch. 2)

F361Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(d)

F363Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)

F364S. 55(2) inserted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(3)

56 Consequential amendments, repeals, transitional provisions and savings.U.K.

(1)Schedule 5 (consequential amendments) and Schedule 6 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the Interpretation Act 1978 (which relate to the effect of repeals); and in Schedule 6 “the 1956 Act” and “the M11978 Act” mean the M2Medical Act 1956 and the M3Medical Act 1978 respectively.

(2)Subject to subsection (1) above, the enactments specified in Part I of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Part of that Schedule.

(3)The instruments specified in Part II of Schedule 7 to this Act are hereby revoked to the extent specified in the third column of that Part, but the re-enactment of Articles 4, 7 and 8 of the M4Medical Qualifications (EEC Recognition) Order 1977 in provisions of this Act shall be without prejudice to the validity of those Articles, and any question as to the validity of them shall be determined as if the re-enacting provision of this Act were contained in a statutory instrument made under the powers under which that Order was made.

Marginal Citations

57 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Medical Act 1983.

(2)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3)This Act extends to Northern Ireland.

SCHEDULES

Section 1.

SCHEDULE 1U.K. The General Medical Council and its Committees, and the Branch Councils

[F367Part 1U.K.Constitution of the General Medical Council

Textual Amendments

Membership: generalU.K.

1A.(1)The General Council shall consist of—

(a)registrant members, that is members who—

(i)are fully registered or provisionally registered, and

(ii)hold licences to practise; and

(b)lay members, that is members who—

(i)are not and never have been provisionally registered or fully registered,

(ii)were at no time registered with limited registration under section 22 prior to its repeal, and

(iii)do not hold qualifications which would entitle them to apply for provisional or full registration under this Act.

(2)The members of the General Council shall be appointed by the Privy Council.

(3)The Privy Council shall ensure that, at any time, at least one member of the General Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

F368(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

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

1B.(1)An order under section 1(2) shall include provision with regard to—

(a)the numbers of registrant members and lay members of the General Council;

(b)the terms of office for which members of the General Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c)the grounds on which persons are to be disqualified from appointment as registrant or lay members of the General Council;

(d)the appointment of a chair of the General Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e)deputising arrangements in respect of the chair;

(f)the quorum of the General Council; and

(g)the circumstances in which members cease to hold office or may be removed or suspended from office.

(2)But an order under section 1(2) must not include any provision which would have the effect that a majority of the members of the General Council would be lay members.

(3)An order under section 1(2) may include provision with regard to—

(a)the maximum period for which a member of the General Council may hold office as a member during a specified period;

(b)the maximum period for which a member of the General Council may serve as chair of the General Council during a specified period;

(c)the education and training of members of the General Council, and the order may provide for the General Council to include the requirements with regard to education and training of their members in standing orders, and for those standing orders to provide for—

(i)that education and training to be the responsibility of another body, and

(ii)those requirements to be set and varied by that body from time to time;

(d)the attendance of members of the General Council at meetings of the General Council;

(e)the effect (if any) of any vacancy in the membership of the General Council or any defect in the appointment of a member; and

(f)enabling the Privy Council to appoint as the chair of the General Council, for a specified period, the person who held office as president of the General Council on the day before the first order of the Privy Council under section 1(2) comes into force.

(4)An order under section 1(2) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

Registration of members’ private interestsU.K.

1C.(1)The General Council must maintain a system for the declaration and registration of private interests of their members.

(2)The General Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.]

Part IIU.K. Incidental Powers and Duties and Proceedings of the General Medical Council

[F369Incidental powers and duties]U.K.

Textual Amendments

F369Italic heading immediately preceding Sch. 1 para. 9 substituted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(a) (with transitional provisions in Sch. 2)

9U.K.It shall be within the capacity of the General Council as a corporation to do such things and enter into such transactions as are in their opinion incidental or conducive to the performance of their functions under this Act, including the borrowing of money.

[F3709A(1)In exercising their functions, the General Council shall—U.K.

(a)have proper regard for—

(i)the interests of persons using or needing the services of provisionally or fully registered medical practitioners in the United Kingdom, and

(ii)any differing interests of different categories of provisionally or fully registered medical practitioners;

(b)co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i)the employment (whether or not under a contract of service) of provisionally or fully registered medical practitioners,

(ii)the education or training of medical practitioners or other health care professionals,

(iii)the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv)the regulation of health services, and

(v)the provision, supervision or management of health services.

(2)In carrying out its duty to co-operate under sub-paragraph (1)(b), the General Council shall have regard to any differing considerations relating to practising as a medical practitioner which apply in England, Scotland, Wales or Northern Ireland.

(3)In sub-paragraph (1), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, other than the General Council.]

Textual Amendments

9B(1)For the purposes of ensuring that registered medical practitioners and the public are informed about the General Council and the exercise by them of their functions, the Council shall publish or provide in such manner as they think fit information about the Council and the exercise of their functions.U.K.

(2)Nothing in sub-paragraph (1) above authorises or requires the publication or provision of information if the publication or provision of that information is—

(a)prohibited by any enactment; or

(b)would constitute or be punishable as a contempt of court.

(3)In sub-paragraph (2) above “enactment” includes—

(a)an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(b)any provision of, or any instrument made under, Northern Ireland legislation.

10U.K.For the purpose of enabling the General Council to compile or assist in the compilation of statistics relating to medical practice and practitioners the Council may from time to time issue to persons registered under this Act (otherwise than under [F371Schedule 2A]) requests for information on matters which in the opinion of the Council are relevant for that purpose.

Textual Amendments

11U.K.The General Council may provide facilities for testing the knowledge of English of applicants for registration under [F372section [F37321B or 21C]] of this Act.

Textual Amendments

F372Words in Sch. 1 para. 11 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(3) (with transitional provisions in Sch. 2)

F373Words in Sch. 1 para. 11 substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 42

Proceedings of the General CouncilU.K.

F37412U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37513U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

14U.K.All acts of the General Council shall be decided by the votes of a majority of the members present at any meeting, and if the votes are equal the person who [F376chairs] the meeting shall, in addition to his vote as a member of the Council, have a casting vote.

Textual Amendments

15(1)The General Council may by standing order make provision with respect to the meetings and proceedings of and the discharge of their functions by the Council and any committees of the Council, with respect to the composition of committees of the Council and with respect to the functions of the officers of the Council.U.K.

[F377(1A)Standing orders of the General Council may make provision with regard to the provisional suspension of a member of the General Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2).]

(2)Any standing order made by the Council under this paragraph may be amended or revoked by a subsequent standing order.

(3)[F378Sub-paragraph (1)] does not apply in relation to the statutory committeesF379... F380...

Textual Amendments

F380Words in Sch. 1 para. 15(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 62(a)

Officers of the General CouncilU.K.

16[F381(1A)Standing orders of the General Council may make provision with regard to the appointment of a treasurer of the General Council.]U.K.

(3)The General Council shall appoint a person to be registrar of the Council and may appoint such deputy and assistant registrars of the Council as the Council think fit and where a deputy or assistant registrar is authorised by the Registrar to act for him in any matter, any reference in this Act to the Registrar [F382or in a direction or delegation to him under sub-paragraph (4) below,] shall include a reference to that deputy or assistant where the reference relates to that matter.

[F383(4)Subject to paragraph 6 of Schedule 4 to this Act, the Registrar shall, in addition to the functions specifically mentioned in this Act, have such other functions as the General Council may think fit to direct him to perform or delegate to him (whether or not in rules or standing orders).]

Textual Amendments

F382Words in Sch. 1 para. 16(3) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(b)(ii) (with transitional provisions in Sch. 2)

F383Sch. 1 para. 16(4) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(b)(iii) (with transitional provisions in Sch. 2)

Financial provisionsU.K.

[F38417U.K.There shall be paid to the members of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow, including payments for duties undertaken as trustees of the Council.]

Textual Amendments

F384Sch. 1 para. 17 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(c) (with transitional provisions in Sch. 2)

18(1)Any fees or other sums payable by virtue of this Act in connection with registration under this Act shall be paid to the General Council, and any expenses of the Council shall be defrayed out of the sums received by the Council either on account of those fees and sums, or from the sale of registers, or otherwise.U.K.

(2)The General Council shall keep proper accounts of all sums received or paid by them, and proper records in relation to those accounts (including records of the evidence furnished by branch councils under paragraph 28 below), and their accounts for each financial year of the Council shall be audited by auditors appointed by the Council.

(3)No person shall be appointed auditor under this paragraph unless he is eligible for appointment as a [F385statutory auditor under Part 42 of the Companies Act 2006].

(4)As soon as may be after the accounts of the General Council have been audited, the Council shall cause them to be published and shall send a copy of them to the Privy Council together with a copy of any report of the auditors on them, and the Privy Council shall lay a copy of the accounts and of any report of the auditors on the accounts before each House of Parliament.

Textual Amendments

Part IIIU.K. Committees of the General Medical Council

F386...U.K.

Textual Amendments

F386[19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interim Orders PanelsU.K.

19AU.K.Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, an Interim Orders Panel shall be constituted as provided by rules made under this paragraph by the General Council.

[F387Registration Panels] U.K.

Textual Amendments

F387Words in Sch. 1 para. 19B heading substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(1)(b)

19BU.K.Subject to the power of the Panel under paragraph 25 below to co-opt members, a [F388Registration Panel] shall be constituted as provided by rules made under this paragraph by the General Council.

Textual Amendments

F388Words in Sch. 1 para. 19B substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(2)(b)

Registration Appeals PanelsU.K.

19CU.K.Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Investigation CommitteeU.K.

19DU.K.Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council.

Fitness to Practise PanelsU.K.

19EU.K.Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Fitness to Practise Panel shall be constituted as provided by rules made under this paragraph by the General Council.

SupplementaryU.K.

23U.K.Rules under paragraphs 19A, 19C and 19E above shall secure that—

(a)only persons who are not members of the General Council shall be members of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel;

(b)a person who sits as a member of an Interim Orders Panel or Fitness to Practise Panel that has made an interim order in proceedings on any case shall not sit as a member of a Fitness to Practise Panel in any subsequent proceedings in that case; and

(c)a person who is a member of the Investigation Committee or a [F389Registration Panel] may not at the same time be a member of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel.

Textual Amendments

F389Words in Sch. 1 para. 23(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(2)(b)

23BU.K.Rules under paragraph 19A, 19B, 19C, 19D or 19E above may make provision as to quorum.

[F39023C.U.K.Rules under any of the paragraphs mentioned in paragraph 23B may also make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the General Council in connection with the exercise of any function relating to the appointment of members or particular members of any of the panels or the committee to which those paragraphs relate, including any function relating to tenure of office or suspension or removal from office.]

Textual Amendments

24U.K.Rules under paragraph 19A, 19B, 19C, 19D or 19E above shall not come into force until approved by order of the Privy Council.]

25(1)Without prejudice to the preceding provisions of this Part of this Schedule the General Council may constitute F391... one or more committees.U.K.

[F392(1A)Any committee of the General Council may consist of or include persons who are not members of the Council.]

[F393(2)[F394Subject to and in accordance with paragraph 23 above,] a Committee of the General Council may, if authorised to do so by the General Council, co-opt such persons (whether or not members of the Council) as the Committee think fit.]

(3)The General Council may delegate to any committee of the Council such of the Council’s functions as they think fitF395....

[F396(4)Except where rules made by virtue of paragraph 23B above make provision as to quorum in the case of any of the statutory committees, the quorum of a committee of the General Council shall be such as the Council may from time to time determine.

(5)There shall be paid to the members of the committees of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow.]

Textual Amendments

F391Words in Sch. 1 para. 25(1) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 5(4)(a) (with Sch. 2)

F392Sch. 1 para. 25(1A) inserted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 5(4)(b) (with Sch. 2)

F393Sch. 1 para. 25(2) substituted (3.8.2000) by S.I. 2000/1803, art. 15(f)

F394Words in Sch. 1 para. 25(2) inserted (7.7.2004 as notified in the London Gazette dated 2.7.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 5(4)(c) (with Sch. 2)

F396Sch. 1 para. 25(4)(5) substituted for Sch. 1 para. 25(4) (1.7.2003 in so far as it relates to new para. 25(5), as notified in the London Gazette dated 1.7.2003, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 5(4)(d) (with Sch. 2)

Part IVU.K. The Branch Councils

26(1)There shall continue to be a branch council for England, for Wales, for Scotland and for Northern Ireland.U.K.

[F397(2)The branch council for each area shall be constituted as provided by the General Council.

(2A)Some or all members of a branch council may be persons who are not members of the General Council.]

(3)The General Council may delegate to a branch council such of the functions of the General Council F398... as the General Council think fit.

Textual Amendments

F397Sch. 1 para. 26(2)(2A) substituted (17.12.2002) for Sch. 1 para. 26(2) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(d) (with transitional provisions in Sch. 2)

F398Words in Sch. 1 para. 26(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 62(b)

27U.K.Each branch council shall appoint a registrar of the council but the person appointed to be registrar of the General Council—

(a)shall also be registrar of the branch council for England; and

(b)may also be registrar of all or any of the other branch councils.

28U.K.The General Council shall furnish each branch council with such sums as the branch council may require for defraying any expenses incurred by the branch council with the approval of the General Council; and each branch council shall furnish the General Council with such evidence as the General Council may reasonably require of all payments made by the branch council out of sums furnished by the General Council.

[F39929U.K.There shall be paid to the members of the branch councils such remuneration and such travelling, subsistence or other expenses as the General Council may allow.]

Textual Amendments

F399Sch. 1 para. 29 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(e) (with transitional provisions in Sch. 2)

Section 17.

F400SCHEDULE 2U.K. Primary European Qualifications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 18

[F401SCHEDULE 2AU.K.Visiting medical practitioners from relevant European states

Textual Amendments

Application and interpretationU.K.

1U.K.This Schedule applies to an exempt person who is lawfully established in medical practice in a relevant European State other than the United Kingdom.

2U.K.In this Schedule—

(a)a “visiting practitioner” means an exempt person to whom this Schedule applies;

(b)the “home State”, in relation to a visiting practitioner, means the relevant European State in which the practitioner is lawfully established in medical practice; and

(c)a reference to the provision of occasional medical services is a reference to the provision of medical services in the United Kingdom on a temporary and occasional basis.

Registration in respect of provision of occasional medical servicesU.K.

3(1)A visiting practitioner is entitled to be registered under this Schedule in the register if the practitioner is entitled under paragraph 4 or 7 to provide occasional medical services; and the Registrar shall give effect to the entitlement.U.K.

(2)A visiting practitioner who is entitled under sub-paragraph (1) to be registered in the register, but who is not registered in the register's list of visiting medical practitioners from relevant European States, shall be treated as registered in that list.

(3)Sub-paragraph (4) applies where a person's entitlement under sub-paragraph (1) to be registered in the register ceases because, by reason of the operation of paragraph 8(1), (2) or (5), the person ceases to be entitled under this Schedule to provide occasional medical services.

(4)If the person's name is registered in the register's list of visiting medical practitioners from relevant European States, the Registrar may erase the person's name from that list.

(5)Sub-paragraphs (1) to (4) are not to be taken to prejudice the application, in relation to persons registered in the register on the basis of entitlement under sub-paragraph (1), of any other provision of this Act under which a medical practitioner's name may be erased from the register or under which a medical practitioner's registration in the register may be suspended.

Entitlement to provide occasional medical services: first yearU.K.

4U.K.A visiting practitioner is entitled to provide occasional medical services if—

(a)the practitioner has complied with the requirements of paragraph 5, and

(b)where the practitioner's case falls within regulation 3(9)(a), (c) or (e) of the General Systems Regulations, the provision by the practitioner of occasional medical services is in accordance with regulations 14 to 16 of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to undertake pursuant to Part 2 of those Regulations),

but paragraph 8 contains provision about the duration of entitlement under this paragraph.

First provision of services: required documentsU.K.

5(1)A visiting practitioner who proposes to provide occasional medical services for the first time must, before providing any such services, send or produce to the Registrar the required documents.U.K.

(2)The required documents are—

(a)a written declaration that—

(i)states the practitioner's wish to provide occasional medical services, and

(ii)contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability;

(b)if the practitioner is a national of a relevant European State, proof of nationality;

(c)if the practitioner is not a national of a relevant European State, proof of the Community right by virtue of which the practitioner is an exempt person;

(d)evidence of medical qualifications (see paragraph 6); and

(e)a certificate (or certificates) issued by a competent authority in the practitioner's home State confirming—

(i)that the practitioner is lawfully established in medical practice in that State, and

(ii)that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising as a medical practitioner there.

(3)A declaration under sub-paragraph (2)(a) may be supplied by any means.

6(1)Subject to sub-paragraph (4), the evidence referred to in paragraph 5(2)(d) is evidence of the European-recognised qualifications which entitle the visiting practitioner to provide, in the practitioner's home State, the medical services that the practitioner proposes to provide in the United Kingdom on a temporary and occasional basis.U.K.

(2)For the purposes of this paragraph and subject to sub-paragraph (4), the evidence of qualifications must, if the visiting practitioner proposes to provide any services as a general practitioner or a specialist medical practitioner in the United Kingdom on a temporary and occasional basis, include evidence of the European-recognised qualifications which entitle the practitioner to provide, in the practitioner's home State, those services as a general practitioner or a specialist medical practitioner.

(3)This sub-paragraph applies to a visiting practitioner whose case falls within regulation 3(9)(a), (c) or (e) of the General Systems Regulations (with the result that the practitioner is not entitled to provide occasional medical services unless their provision by the practitioner is in accordance with regulations 14 to 16 of those Regulations).

(4)If sub-paragraph (3) applies to a visiting practitioner, the evidence referred to in paragraph 5(2)(d) of the practitioner's medical qualifications is evidence of the qualifications which entitle the practitioner to practise as a medical practitioner in his home State.

(5)In this paragraph, “European-recognised qualifications” means qualifications which relevant European States are required by the Directive to recognise.

Entitlement to provide occasional medical services after first year: renewalsU.K.

7(1)Sub-paragraph (2) applies where the Registrar receives the required renewal documents from a visiting practitioner who is entitled under this Schedule to provide occasional medical services.U.K.

(2)The visiting practitioner is entitled to continue to provide occasional medical services, but paragraph 8 contains provision about the duration of entitlement continued under this sub-paragraph.

(3)Sub-paragraph (4) applies where the Registrar receives the required renewal documents from a visiting practitioner—

(a)who is not entitled under this Schedule to provide occasional medical services;

(b)who has been previously entitled under this Schedule to provide occasional medical services; and

(c)whose registration in the list of visiting medical practitioners from relevant European States is not suspended.

(4)The visiting practitioner is once again entitled to provide occasional medical services but, in a case where the practitioner's name is not in the list of visiting medical practitioners from relevant European States as a result of erasure otherwise than under paragraph 3(4), only if the Registrar decides, after having regard (in particular) to the fact of that erasure and the reasons for it, that the entitlement should be renewed. Paragraph 8 contains provision about the duration of entitlement under this sub-paragraph.

(5)In relation to a visiting practitioner “the required renewal documents” are—

(a)a renewal declaration; and

(b)each evidence of change document (if any).

(6)In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a)states the practitioner's wish to provide occasional medical services in a further year; and

(b)contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability.

(7)Where a document—

(a)is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 5,

(b)is not a declaration under paragraph 5(2)(a), and

(c)substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 5 or this paragraph) supplied the then-current version of the document to the Registrar,

the version of the document current when under this paragraph the practitioner supplies a renewal declaration to the Registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b).

(8)A renewal declaration supplied under this paragraph may be supplied by any means.

Duration of entitlement to provide occasional medical servicesU.K.

8(1)Unless an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement ceases at the end of the year that begins with the end of the day on which the Registrar received the documents whose receipt gave rise to the entitlement.U.K.

(2)Where an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement is extended so as to cease at the end of the year that begins with the end of the relevant day.

(3)For the purposes of sub-paragraph (2)—

(a)if the day on which the Registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the Registrar receives those documents;

(b)otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the Registrar receives the documents whose receipt gives rise to the continuation (or further continuation).

(4)In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 4 or 7(4), means the day on which the Registrar receives the documents whose receipt gives rise to the entitlement.

(5)An entitlement under this Schedule to provide occasional medical services ceases if—

(a)the visiting practitioner concerned becomes established in medical practice in the United Kingdom; or

(b)a relevant decision is made against the visiting practitioner concerned.

(6)In sub-paragraph (5) “relevant decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner's home State that has the effect that the practitioner—

(a)ceases in that State to be registered or otherwise officially recognised as a medical practitioner; or

(b)is prohibited (whether on a permanent or temporary basis) from practising as a medical practitioner in that State.

(7)If in the case of a visiting practitioner—

(a)the practitioner's registration in the list of visiting medical practitioners from relevant European States is suspended or the practitioner's name is erased from that list, and

(b)immediately before the time when the suspension or (as the case may be) erasure takes effect, the practitioner is entitled under this Schedule to provide occasional medical services,

that entitlement ceases at that time.

ConditionsU.K.

9(1)Paragraph (2) applies if—U.K.

(a)the establishment of a visiting practitioner in the practitioner's home State is subject to a condition relating to the practitioner's medical practice;

(b)the practitioner's name is registered in the register; and

(c)for any of the purposes of this Act it falls to be decided whether the practitioner's fitness to practise is or may be impaired on the ground of misconduct.

(2)The matters that may be counted as misconduct include (in particular) any act or omission by the visiting practitioner during the course of the provision by the practitioner of occasional medical services that is, or would be if the condition applied in relation to medical practice outside the practitioner's home State, a breach of the condition.

(3)In paragraphs (1) and (2) “condition” includes limitation.]

Section 33.

SCHEDULE 3U.K. Registration: Supplementary Provisions

PreliminaryU.K.

1(1)Subject to the following provisions of this Schedule, any right to registration of persons under [F402section [F4033, 14A, 15, 15A or 19A]] of this Act or of qualifications under section 16 or 26 of this Act shall be conditional on the making of such an application, supported by such evidence, as is required by this Schedule.U.K.

(2)Nothing in this Schedule applies to anything done in pursuance of a direction under section 41 of this Act for restoration to the register.

Textual Amendments

F402Words in Sch. 3 para. 1(1) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(a)

To which registrar application to be madeU.K.

2(1)The following applications shall be made to the registrar of one of the branch councils, that is to say—U.K.

(a)applications for registration of persons under [F404section 3(1)(a)] [F405, 15 or 15A] of this Act; and

(b)applications under section 16 of this Act (other than applications for registration of primary European qualifications where the applicant was registered under [F406section 3(1)(b)] of this Act by virtue of those qualifications).

(2)The following applications shall be made to the Registrar, that is to say—

(a)applications for registration of persons under [F407section 3(1)(b)] [F408, 14A or 19A] of this Act and for the registration of the qualifications of those persons by virtue of which they were entitled to be registered under that paragraph;

F409(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)applications under section 26 of this Act.

(3)In the following provisions of this Schedule “the appropriate registrar”, in relation to an application for registration, means the registrar to whom, in accordance with this paragraph, the application is made.

Textual Amendments

F404Words in Sch. 3 para. 2(1)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f)(h), 9(4)(a), 15(1) (with transitional provisions in Sch. 2)

F405Words in Sch. 3 para. 2(1)(a) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(b)

F406Words in Sch. 3 para. 2(1)(b) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(4)(b) (with transitional provisions in Sch. 2)

F407Words in Sch. 3 para. 2(2)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(4)(c) (with transitional provisions in Sch. 2)

F409Sch. 3 para. 2(2)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 9(4)(d) (with Sch. 2)

Proof of qualificationsU.K.

3(1)Subject to sub-paragraph (2) below, a person making an application for registration under [F410section [F4113, 14A, 15, 15A or 19A]] of this Act or an application under section 16 of this Act for the registration of [F412any primary United Kingdom] or primary European qualifications he holds when he is registered under [F413section 3, 14A, 15 or 15A of this Act] shall produce or send to the appropriate registrar the document conferring or evidencing the qualification by virtue of which the application is made together with a statement of his name and address and such other particulars (if any) as may be required for registration.U.K.

[F414(1A)An exempt person (“A”) who—

(a)makes an application for registration under section 3(1)(b) of this Act,

(b)holds a qualification listed in Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training), and

(c)satisfies the requirements of article 24 of the Directive (basic medical training),

shall produce or send to the Registrar a certificate as mentioned in sub-paragraph (1B).

(1B)The certificate—

(a)must be a certificate issued by a competent authority in A's attesting State (as defined by section 44BA(6)); and

(b)must certify that the document conferring or evidencing A's qualification produced or sent by A under sub-paragraph (1) is evidence of formal qualifications listed in relation to that State in Annex V, point 5.1.1 of the Directive.]

(2)Any [F415body or combination of bodies included in the list maintained under section 4(1)] of this Act may from time to time send to the Registrar or the registrar of a branch council lists certified under that body’s seal of the persons who have been granted qualifications by the body stating the qualifications and addresses of the persons included in the list, and a registrar—

(a)may for the purposes of this Act treat any such list sent to that registrar as sufficient evidence of the entitlement of any person mentioned in it to the qualification or qualifications which he is stated in it to have been granted; and

(b)on an application for registration under [F410section 3, 15 or 15A] of this Act or an application under section 16 of this Act for the registration of primary United Kingdom qualifications held on registration under those sections may issue a certificate of registration under paragraph 5 below to a person mentioned in any such list sent to that registrar as having been granted a primary United Kingdom qualification without the document mentioned in sub-paragraph (1) above being produced or sent to him.

F416(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F410Words in Sch. 3 para. 3(1)(2)(b) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(c)

F416Sch. 3 para. 3(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 53

4U.K.A registrar shall not register any qualification, whether on first registration of a person or by way of addition, unless he is satisfied that the person claiming the qualification is entitled to it; but if a registrar to whom an application for registration of a qualification is made determines that he is not so satisfied, the applicant may appeal to the General Council.

[F417Proof of nationalityU.K.

Textual Amendments

4AU.K.An exempt person (“A”) making an application for registration under section 3(1)(b), 14A, 15A or 19A of this Act shall produce or send to the appropriate registrar—

(a)if A is a national of a relevant European State, proof of A's nationality;

(b)if A is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person.

Acknowledgement of applicationsU.K.

4BU.K.Where a person makes an application for registration under section 3, 14A, 15, 15A or 19A of this Act, the appropriate registrar, within the period of one month beginning with the date of receipt of the application, must—

(a)acknowledge receipt of the application; and

(b)inform the applicant of any missing document required for the purposes of the application.]

Issue of certificates of registrationU.K.

5[F418(1)Subject to the foregoing provisions of this Schedule, on an application for the registration of a person under [F419section [F4203, 14A, 15, 15A or 19A]] of this Act the appropriate registrar, if satisfied that the applicant is entitled to be registered in accordance with the application—U.K.

(a)shall issue to the applicant the certificate of registration required by this paragraph; and

(b)F421... shall do so before the end of the requisite period.]

[F422(1A)In this paragraph “the requisite period”—

(a)in the case of an application under section 14A or 19A of this Act, means the period of four months beginning with—

(i)the date when the Registrar receives the application, or

(ii)if any document required for the purposes of the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes; and

(b)in the case of any other application, means the period of three months beginning with the date on which the appropriate registrar receives all the documents enabling him to be satisfied of the applicant's entitlement to be registered in accordance with the application.]

(2)On registering a person under section 19, 21, [F42321B, 21C, 27A or 27B] of this Act the Registrar shall issue to the applicant the certificate of registration required by this paragraph.

(3)Subject as aforesaid, on an application for the registration of a qualification under section 16 or 26 of this Act, the appropriate registrar if satisfied that the applicant is entitled to have the qualification registered in accordance with the application shall issue to the applicant the certificate of registration required by this paragraph.

(4)A certificate of registration under this paragraph must be in the form prescribed by regulations under section 31 of this Act for entries in the register F424... and shall state the name of the applicant and such other particulars as may be prescribed by the regulations.

[F425(4A)A certificate of registration required to be issued under sub-paragraph (2) or (3) above shall be issued before the end of the requisite period.]

Textual Amendments

F418Sch. 3 para. 5(1)(1A) substituted for Sch. 3 para. 5(1) (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 14(2)

F419Words in Sch. 3 para. 5(1) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(c)

F421Words in Sch. 3 para. 5(1)(b) omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 9(5)(a) (with Sch. 2)

F423Words in Sch. 3 para. 5(2) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 43

F424Words in Sch. 3 para. 5(4) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 17(a)

F425Sch. 3 para. 5(4A) inserted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 9(5)(d) (with Sch. 2)

Entry in or alteration of a registerU.K.

6(1)Without prejudice to sub-paragraph (2) below, the particulars stated in any certificate of registration issued under paragraph 5(1) or (3) above shall be deemed for all purposes to have been duly registered on the date of issue of the certificate except in so far as they were actually registered before that date, and references in this Act to registration shall be construed accordingly.U.K.

(2)On issuing a certificate of registration under paragraph 5(1) or (3) above the appropriate registrar shall—

(a)if he is the registrar of a branch council (but is not also the Registrar), with all convenient speed send a copy of the certificate certified under his hand to the Registrar, who shall forthwith cause an appropriate entry or alteration to be made in the register F426... ; or

(b)if he is the Registrar, forthwith cause an appropriate entry or alteration to be made in the register F427... .

(3)An entry or alteration made in [F428the register] in pursuance of this paragraph shall bear the same date as the certificate of registration by virtue of which it is made.

Textual Amendments

F426Words in Sch. 3 para. 6(2)(a) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 17(b)(i)

F427Words in Sch. 3 para. 6(2)(b) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 17(b)(i)

F428Words in Sch. 3 para. 6(3) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 17(b)(ii)

[F429Visiting medical practitioners from relevant European StatesU.K.

Textual Amendments

7(1)No application shall be required in respect of registration in the list of visiting medical practitioners from relevant European States.U.K.

(2)The Registrar may issue certificates of registration to persons who are registered in the list of visiting medical practitioners from relevant European States.]

Section 34B

[F430SCHEDULE 3AU.K.Registration [F431and Training] Appeals

Textual Amendments

F430Sch. 3A inserted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 8(2) (with Sch. 2)

F431Words in Sch. 3A heading inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(2); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

C14Sch. 3A extended (30.9.2005 for specified purposes as notified in the London Gazette dated 26.8.2005, 1.4.2006 in so far as not already in force as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), arts. 1(2)(3), 18(6)

InterpretationU.K.

1In this Schedule—

Textual Amendments

F432Words in Sch. 3A para. 1 substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(3)(a); S.I. 2010/478, art. 2(b)

F433Words in Sch. 3A para. 1 inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(3)(b); S.I. 2010/478, art. 2(b)

F434Words in Sch. 3A para. 1 substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 63(a)

F437Words in Sch. 3A para. 1 substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(3)(c); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

Appealable registration decisionsU.K.

2(1)The following decisions are appealable registration decisions for the purposes of this Schedule—

(a)a decision on an application made under Schedule 3 to this Act not to register the applicant under section 3 of this Act as a fully registered medical practitioner (registration by virtue of primary United Kingdom or primary European qualifications);

[F438(aa)a decision on an application made under Schedule 3 to this Act not to register the applicant under section 14A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc without certain acquired rights certificates);

(ab)a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 14A(1) to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;]

(b)a decision on an application made under Schedule 3 to this Act not to register the applicant provisionally under section 15 of this Act (provisional registration);

(c)a decision on an application made under Schedule 3 to this Act not to register the applicant provisionally under section 15A of this Act (provisional registration for EEA nationals);

(d)a decision on an application made under Schedule 3 to this Act not to register a qualification under section 16(1) of this Act (registration of qualifications);

F439(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a decision not to direct that a person shall be registered under section 19(1) of this Act (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.);

[F440(fa)a decision on an application made under Schedule 3 to this Act not to register the applicant under section 19A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom);

(fb)a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 19A to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;]

(g)a decision not to direct that a person shall be registered provisionally under section 21(2) of this Act (provisional registration);

F441(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F442(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F442(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F442(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F443(ka)a decision not to direct that a person be registered under section 21B of this Act (full registration of persons with an overseas qualification);

(kb)a decision not to direct that a person be registered under section 21C of this Act (provisional registration of persons with an overseas qualification);]

(l)a decision not to register a qualification under section 26(1) F444... of this Act (registration of qualifications);

[F445(m)a decision under section 27A of this Act (temporary registration for visiting eminent specialists)—

(i)not to direct that a person be registered under that section,

(ii)as to any conditions specified in a direction that a person be registered under that section;

(ma)a decision under section 27B of this Act (special purpose registration)—

(i)not to direct that a person be registered under that section,

(ii)as to the conditions specified in a direction that a person be registered under that section;]

[F446(mb)a decision under section 39 of this Act (fraud or error in relation to registration) to erase an entry from the register[F447, the General Practitioner Register or the Specialist Register];]

(n)a decision under section 44 of this Act (effect of disqualification in another member State on registration in the United Kingdom)—

(i)under subsection (1) F448... , not to register a person, or

(ii)under subsection (3), to remove a person’s name from the register;

[F449(o)a decision under section 44B of this Act (fitness to practise matters prior to registration) to refuse to register a person or to erase a person’s name from the register;]

[F450(p)a decision not to give a direction under section 44D(1) or (2) of this Act (approved practice settings) disapplying the requirements set out in those subsections.]

[F451(q)a decision that a person shall not, or shall no longer, be registered under Schedule 2A to this Act in the list of visiting medical practitioners from relevant European States.]

(2)But a decision is not an appealable registration decision for the purposes of this Schedule if it is a decision to refuse registration to a person, or to erase a person’s name from the register, by reason only that the person failed to—

(a)pay the prescribed fee for registration;

(b)make an application as required under this Act; or

(c)produce a certificate obtained under section 10 of this Act.

Textual Amendments

F441Sch. 3A para. 2(1)(h) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 44(a)(i)

F442Sch. 3A para. 2(1)(i)-(k) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 18(a)

F443Sch. 3A para. 2(1)(ka)(kb) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 44(a)(ii)

F444Words in Sch. 3A para. 2(1)(l) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 18(b)

F445Sch. 3A para. 2(1)(m)(ma) substituted for Sch. 3A para. 2(1)(m) (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 44(a)(iii)

F446Sch. 3A para. 2(1)(mb) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 63(b)

F447Words in Sch. 3A para. 2(1)(mb) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(4); S.I. 2010/478, art. 2(b)

F449Sch. 3A para. 2(1)(o) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 54

F450Sch. 3A para. 2(1)(p) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 71

Appealable decisions relating to postgraduate medical education and trainingU.K.

[F4522A(1)The following decisions are also appealable registration decisions for the purposes of this Schedule—

(a)a decision on an application made under section 34C(3) not to include a person's name in the General Practitioner Register;

(b)a decision on an application made under section 34D(4) not to include a person's name in the Specialist Register;

(c)a decision on an application made under section 34D(4) not to indicate a field in the Specialist Register;

(d)a decision on a request made under section 34G(2) not to issue a certificate for the purposes of Article 30(1) of the Directive;

(e)a decision on an application made under section 34L(1) to refuse to award a CCT;

(f)a decision to withdraw a CCT under section 34L(7).

(2)But a decision mentioned in sub-paragraph (1)(a) or (b) is not to be treated as an appealable registration decision under this paragraph if, in respect of that decision, there is a right of appeal by virtue of section 29F(1)(d) or (e).

(3)The right of appeal under sub-paragraph (1)(a) and (b) includes a right of appeal against a decision of the Registrar as to the length of additional training, the fields to be covered by it or any examination, assessment (including a specified period of assessment) or other test of competence that the Registrar has specified when notifying the person concerned of the decision.

(4)The right of appeal under sub-paragraph (1)(a) and (b) includes a right of appeal against a decision of the Registrar under Part 3 of the General Systems Regulations requiring a person to complete an adaptation period in connection with becoming entitled by virtue of that Part of those Regulations to practise as a general practitioner or a specialist (as the case may be) in the United Kingdom.

(5)In relation to any appealable registration decision falling within sub-paragraph (1), references in this Schedule to the requisite period are references to such period as may be prescribed by the General Council in rules; and different periods may be prescribed in relation to different decisions.

(6)Rules under sub-paragraph (5) shall not come into force until approved by order of the Privy Council.]

Textual Amendments

F452Sch. 3A para. 2A inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(5); S.I. 2010/478, art. 2(b)

Notice of appealable registration decisionsU.K.

3(1)Where an appealable registration decision is made, the person making the decision shall give the person concerned notice of—

(a)the decision;

(b)the reasons for the decision; and

(c)the person’s right to appeal under paragraph 4 below.

(2)Failure to notify an applicant of a decision made in respect of an application for registration under section [F4533, 14A, 15, 15A, 19, 19A or 21] of this Act within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below.

[F454(3)Failure to notify an applicant of a decision made in respect of an application for inclusion in the General Practitioner Register or the Specialist Register within the requisite period shall, in cases prescribed by the General Council in rules, be treated as a decision from which the applicant may appeal under paragraph 4.

(4)Rules under sub-paragraph (3) shall not come into force until approved by order of the Privy Council.]

Textual Amendments

F454Sch. 3A para. 3(3)(4) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(6); S.I. 2010/478, art. 2(b)

Appeals from appealable registration decisionsU.K.

4(1)A person in respect of whom an appealable registration decision has been made may appeal against the decision to a Registration Appeals Panel.

(2)An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the Registrar.

(3)Any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above.

This sub-paragraph is subject to any extension of time under paragraph 7 below.

(4)In the case of an appeal by virtue of paragraph 3(2) [F455or (3)] above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.

(5)Where a decision to erase or remove a medical practitioner from the register is an appealable registration decision, the decision shall not be carried into effect—

(a)until the time for bringing any appeal against the decision has expired without an appeal being brought; or

(b)where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

(6)Any rules made under paragraph 3 of Schedule 3B to this Act shall apply in relation to an appeal under this Schedule as they apply in relation to an appeal under section 29F of this Act.

(7)[F456Paragraph 2 of Schedule 4 and, subject to sub-paragraph (7A), paragraph 7 of that Schedule] shall apply in relation to proceedings under this Schedule before a Registration Appeals Panel as they apply to proceedings before a Fitness to Practise Panel.

[F457(7A)Where the chair of a Registration Appeals Panel is a legally qualified person, paragraph 7 of Schedule 4 is to be taken to authorise but not require the General Council to appoint an assessor to the Panel under that paragraph.

(7B)In sub-paragraph (7A), “legally qualified person” means a person who holds a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 or who is an advocate or solicitor in Scotland or a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.]

(8)In disposing of an appeal under this paragraph, a Registration Appeals Panel may determine to—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision appealed against;

(c)substitute for the decision appealed against any other decision which could have been made by the person making the decision;

(d)remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Panel,

and a Panel may make such order as to costs (or, in Scotland, expenses) as they think fit.

(9)A Registration Appeals Panel shall, as soon as reasonably practicable—

(a)give the person concerned, and the person making the decision, notice of the Panel’s determination on an appeal under sub-paragraph (1) above and of the reasons for that determination; and

(b)if that determination is not a determination under sub-paragraph (8)(b) above, give the person concerned notice of his right of appeal under paragraph 5 below.

Textual Amendments

F455Words in Sch. 3A para. 4(4) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(7)(a); S.I. 2010/478, art. 2(b)

F456Words in Sch. 3A para. 4(7) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(7)(b); S.I. 2010/478, art. 2(b)

F457Sch. 3A para. 4(7A)(7B) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(7)(c); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

C16Sch. 3A para. 4 extended (30.9.2005 as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), art. 1(2)(3), 23(2)

Appeals from a Registration Appeals PanelU.K.

5(1)Where—

(a)a Registration Appeals Panel determines an appeal under paragraph 4 above; and

(b)the Panel’s determination is any determination other than a determination under paragraph 4(8)(b) above to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notice of the determination was given to him under paragraph 4(9), appeal against the determination to the relevant court.

(2)In this paragraph, “the relevant court” means the county court or, in Scotland, the sheriff.

(3)In sub-paragraph (2) above, “the sheriff” means the sheriff in whose sheriffdom is situated the address—

(a)which is shown in the register as the address of the person concerned; or

(b)which would have been so shown if the person concerned were registered.

(4)On an appeal under this paragraph from a Registration Appeals Panel, the relevant court may—

(a)dismiss the appeal;

(b)allow the appeal and quash the determination appealed against;

(c)substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Panel;

(d)remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of the case in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

NoticesU.K.

6(1)Any notice required to be given under paragraph 3 or 4(9) above to the person concerned may be given—

(a)by delivering it to him;

(b)by leaving it at his proper address;

(c)by sending it by a registered post service; or

(d)by sending it by a postal service which provides for the delivery of the notice by post to be recorded.

(2)For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 in its application to this paragraph, the proper address of the person concerned shall be—

(a)the address—

(i)which is shown in the register as his address, or

(ii)which would have been so shown if he were registered; or

(b)if the conditions in sub-paragraph (3) below are satisfied, his last known address.

(3)The conditions are that—

(a)the last known address of the person concerned differs from the address mentioned in sub-paragraph (2)(a) above; and

(b)it appears to the body or person giving the notice that a letter sent to the person concerned at his last known address is more likely to reach him.

(4)For the purposes of this paragraph—

(a)the giving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and

(b)so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

Modifications etc. (not altering text)

C18Sch. 3A para. 6 applied (30.9.2005 for specified purposes as notified in the London Gazette dated 26.8.2005, 1.4.2006 in so far as not already in force as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), arts. 1(2)(3), 18(7)

Extension of time for appealingU.K.

7Where—

(a)any notice required by paragraph 3(1) above to be given to the person concerned is given by sending it to him by post; and

(b)the Registrar is satisfied, on the application of that person, that he did not receive the notice within the period of 14 days beginning with the day on which the person making the decision gave the decision to which the notice relates, the Registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(2) above.]

Section 29F

[F458SCHEDULE 3BU.K.Licence to Practise and Revalidation: Appeals

Textual Amendments

F458Sch. 3B inserted (24.1.2005 for the insertion of Sch. 3B para. 3(1)-(3)(5)-(8) as notified in the London Gazette dated 14.1.2005, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 11 (with Sch. 2)

Manner of, and time for, appealingU.K.

1(1)A medical practitioner who wishes to appeal to a Registration Appeals Panel under section 29F of this Act against a decision of a licensing authority must give written notice of appeal to the Registrar.

(2)Any such notice of appeal must be given within the period of 28 days beginning with the day on which the practitioner is given notice of the decision of the licensing authority.

(3)Sub-paragraph (2) above is subject to paragraph 2 below.

Extension of time for appealingU.K.

2Where—

(a)any notice required by section 29B or 29D to be given to a medical practitioner by the Registrar is given by sending it to him by post; and

(b)the Registrar is satisfied, on the application of the practitioner, that the practitioner did not receive the notice within the period of 14 days beginning with the day on which the licensing authority gave the decision to which the notice relates,

the Registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 1 above.

Rules as to procedure and evidenceU.K.

3(1)The General Council shall make rules as to—

(a)the procedure to be followed; and

(b)the rules of evidence which are to apply,

in proceedings before a Registration Appeals Panel.

(2)Rules made under this paragraph shall include provision—

(a)securing that notice of the time and place of any hearing is given, at such time and in such manner as may be specified in the rules, to the medical practitioner to whom the proceedings relate;

(b)securing that any party to proceedings before a Registration Appeals Panel shall, if he so requires, be entitled to be heard by the Panel;

(c)enabling any party to the proceedings to be represented by counsel or solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules; and

(d)requiring proceedings to be held in publicF459..., unless and to the extent that the rules provide otherwise.

(3)In sub-paragraph (2) above, “party”, in relation to any proceedings, means—

(a)the medical practitioner to whom the proceedings relate; or

(b)the Solicitor to the General Council.

(4)Paragraphs 2 and 7 of Schedule 4 to this Act shall apply in relation to proceedings before a Registration Appeals Panel as they apply in relation to proceedings before a Fitness to Practise Panel.

(5)Rules under this paragraph shall not come into force until approved by order of the Privy Council.

(6)The Privy Council may approve such rules—

(a)as submitted to them; or

(b)subject to such modifications as appear to them to be requisite.

(7)Where the Privy Council propose to approve rules under this paragraph subject to modifications, they shall—

(a)notify the General Council of the modifications they propose to make; and

(b)consider any observations which the General Council may make on the modifications.

(8)Before making rules under this paragraph the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the Council requisite to be consulted.

Textual Amendments

F459Words in Sch. 3B para. 3(2)(d) omitted (19.7.2006, 9.9.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 67

References to the Investigation CommitteeU.K.

4(1)Where a matter—

(a)arises in the course of proceedings relating to a medical practitioner before a Registration Appeals Panel; and

(b)ought, in the opinion of the Panel, to be investigated by the Investigation Committee,

sub-paragraph (2) below applies.

(2)In any such case, the Registration Appeals Panel may—

(a)adjourn the proceedings; and

(b)give a direction to the Registrar to refer the matter to the Investigation Committee.

Powers of Registration Appeal Panels disposing of an appealU.K.

5In disposing of an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, the determinations that may be made by a Registration Appeals Panel are—

(a)if the appeal is against a decision to refuse to grant a licence to practise, that a licence to practise should, or (as the case may be) should not, be granted to the practitioner;

(b)if the appeal is against a decision to withdraw a licence to practise, that a licence to practise should, or (as the case may be) should not, be withdrawn from the practitioner; or

(c)if the appeal is against a decision to refuse to restore a licence to practise, that a licence to practise should, or (as the case may be) should not, be restored to the practitioner,

and a Panel may make such orders as to costs (or, in Scotland, expenses) as they think fit.

Successful appealsU.K.

6(1)This paragraph applies in any case where, on an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, a Registration Appeals Panel determines—

(a)that a licence to practise should be granted to the medical practitioner;

(b)that a licence to practise should not be withdrawn from the medical practitioner; or

(c)that a licence to practise should be restored to the medical practitioner.

(2)The Registration Appeals Panel shall give notice to the Registrar informing him of the determination and directing him accordingly—

(a)to grant the licence;

(b)not to withdraw the licence; or

(c)to restore the licence.

(3)The Registrar shall give notice of the determination to the medical practitioner.

(4)Section 29H of this Act applies in relation to any notice under sub-paragraph (2) above.

Unsuccessful appealsU.K.

7(1)This paragraph applies in any case where, on an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, a Registration Appeals Panel determines—

(a)that a licence to practise should not be granted to the medical practitioner;

(b)that a licence to practise should be withdrawn from the medical practitioner; or

(c)that a licence to practise should not be restored to the medical practitioner.

(2)The Registration Appeals Panel shall give notice to the Registrar—

(a)informing him of the determination; and

(b)if the determination is that a licence to practise should be withdrawn from the medical practitioner, directing him to withdraw the licence.

(3)The Registrar shall give the medical practitioner notice of—

(a)the determination; and

(b)his right under paragraph 8 below to appeal against the determination.

(4)Any direction under sub-paragraph (2)(b) above has effect subject to section 29F(3) of this Act (no implementation pending appeal).

(5)Section 29H of this Act applies in relation to any notice under sub-paragraph (2) above.

Further appeal to court against determination within paragraph 7U.K.

8(1)Where, on an appeal under section 29F of this Act by a medical practitioner, a Registration Appeals Panel makes a determination falling within sub-paragraph (1) of paragraph 7 above, the practitioner may appeal against the determination.

(2)Any such appeal must be made within the period of 28 days beginning with the day on which the practitioner is given notice under paragraph 7 above of the determination of the Registration Appeals Panel.

(3)Any such appeal must be made [F460in England and Wales to the county court or, in Northern Ireland,] to a county court or, in Scotland, to the sheriff.

(4)In sub-paragraph (3) above “the sheriff” means the sheriff in whose sheriffdom is situated the address—

(a)which is shown in the register as the practitioner’s address; or

(b)which would be so shown, if the practitioner were registered.

(5)On appeal under this paragraph from a Registration Appeals Panel, the county court or the sheriff may—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision appealed against; or

(c)remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of in accordance with the directions of the court (or the sheriff),

and may make such orders as to costs (or, in Scotland, expenses) as it (or he) thinks fit.]

Textual Amendments

F460Words in Sch. 3B para. 8(3) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 110; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Section 43

[F461SCHEDULE 4U.K.PROCEEDINGS BEFORE THE INVESTIGATION COMMITTEE, INTERIM ORDERS PANELS AND FITNESS TO PRACTISE PANELS

Textual Amendments

F461Sch. 4 substituted (7.7.2004 for the substitution of Sch. 4 para. 5A(2) for specified purposes and paras. 1, 5A(1)(3)(3A)(9), 6, 7(3)(4)(6) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 14 (with Sch. 2 and savings in The Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I. 2004/1731), arts. 1(1), 2)

Procedure of and evidence before the Investigation Committee, Interim Orders Panels and Fitness to Practise PanelsU.K.

1(1)Subject to the provisions of this paragraph, the General Council shall make rules for the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels with respect to—U.K.

(a)the reference of cases to the Investigation Committee, an Interim Orders Panel or a Fitness to Practise Panel; and

(b)the procedure to be followed and rules of evidence to be observed in proceedings before that Committee or such a Panel.

(2)Rules made under this paragraph in connection with the consideration by the Investigation Committee of whether to warn a person regarding his future conduct or performance under section 35C(6) above shall include provision—

(a)securing that notice shall be given to this effect to the person concerned;

(b)securing that the person concerned shall be entitled to make representations in writing to the Committee;

(c)securing that if the Committee determines that there should be an oral hearing, the person concerned shall, if he so requires, be entitled to be heard by the Committee;

(d)enabling the person concerned to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules; and

(e)securing that notice be served on the person concerned of any decision taken in relation to him by the Committee.

[F462(2A)Rules made under this paragraph in connection with the consideration by the Investigation Committee of an allegation may include provision—

(a)for enabling the Committee, in such circumstances as may be specified in the rules, to agree with the person concerned that he will comply with such undertakings as the Committee considers appropriate; and

(b)with respect to the procedure to be followed where any such undertakings are breached.]

(3)Rules made under this paragraph in connection with the consideration by an Interim Orders Panel or a Fitness to Practise Panel of the making of an interim suspension order or an order for interim conditional registration under section 41A above, or in connection with the review of such an interim order, shall include provision—

(a)securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whom the proceedings relate;

(b)securing that a person in relation to whom an order has been made shall, if he so requires, be entitled to be heard by the Panel on each occasion on which they review the order;

(c)enabling the person in relation to whom the order has been made to be represented before the Panel by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules;

(d)for service on the person to whom the proceedings relate of notice of any decision taken in relation to him by the Panel; and

(e)determining when proceedings before the Panel are to be held in public and when in private (including provision securing that they are to be held in public if the person to whom the proceedings relate so requests).

(4)Rules made under this paragraph in connection with any other proceedings before a Fitness to Practise Panel shall include provision—

(a)securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whose registration the proceedings relate;

(b)securing that any party to the proceedings shall, if he so requires, be entitled to be heard by a Panel;

(c)enabling any party to the proceedings to be represented before the Panel by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d)F463... for proceedings before a Panel to be held in public unless and to the extent that the rules provide otherwise; F464...

F464(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Rules made under this paragraph shall specify the relevant date for the purposes of sections 35A and 35B of this Act.

(6)Before making rules under this paragraph the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the General Council requisite to be consulted.

(7)Rules under this paragraph shall not come into force until approved by order of the Privy Council.

(8)The Privy Council may approve such rules—

(a)as submitted to them; or

(b)subject to such modifications as appear to them to be requisite.

(9)Where the Privy Council propose to approve rules under this paragraph subject to modifications, they shall—

(a)notify the General Council of the modifications they propose to make; and

(b)consider any observations which the General Council may make on the modifications.

F465(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F462Sch. 4 para. 1(2A) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(a)

F463Words in Sch. 4 para. 1(4)(d) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(b)

F464Sch. 4 para. 1(4)(e) and preceding word omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(c)

F465Sch. 4 para. 1(10) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(d)

2(1)For the purpose of proceedings in England or Wales or in Northern Ireland before—U.K.

(a)the Investigation Committee;

(b)an Interim Orders Panel; or

(c)a Fitness to Practise Panel,

the Committee or Panel may administer oaths, and any party to the proceedings may issue a writ of subpoena ad testificandum or duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(2)Section 36 of the [F466Senior Courts Act 1981] or section 67 of the Judicature (Northern Ireland) Act 1978 (which provide a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to proceedings before the Investigation Committee, an Interim Orders Panel or a Fitness to Practise Panel in England and Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3)For the purpose of proceedings before the Investigation Committee, an Interim Orders Panel or a Fitness to Practise Panel in Scotland, the Committee or Panel may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court—

(a)to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee or Panel and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b)to grant warrant for the recovery of documents; and

(c)to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

Textual Amendments

3U.K.Where—

(a)several sittings of the Investigation Committee, an Interim Orders Panel or a Fitness to Practise Panel or the General Council are required to enable the Committee, a Panel or the Council to dispose of a case; or

(b)on an appeal to the relevant court under section 40 of this Act, the case is remitted to the Registrar for him to refer the case to a Fitness to Practise Panel or to the General Council for the Panel or the Council to dispose of the case in accordance with directions given by the court,

the validity of the proceedings on the case before the Committee, Panel or Council, as the case may be, shall not be called into question by reason only that members of the Committee, Panel or Council who were present at a former meeting were not present at a later meeting of the Committee, Panel or Council or that members present at a later meeting were not present at a former meeting of the Committee, Panel or Council, as the case may be.

Reference and transfer of cases to the Investigation CommitteeU.K.

3A(1)Where in the course of any proceedings before a Fitness to Practise Panel, the Panel are of the opinion that a matter arises which ought to be investigated by the Investigation Committee or considered by another Fitness to Practise Panel—U.K.

(a)that Panel may give a direction to that effect to the Registrar; and

(b)that matter shall be referred by the Registrar to that Committee, or another Fitness to Practise Panel.

(2)Nothing in sub-paragraph (1) above shall prevent that Fitness to Practise Panel from considering that matter itself, whether or not it has reached a decision in the proceedings.

F461 Reference and transfer of cases to the Health CommitteeU.K.

F4614U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F461 Preliminary proceedingsU.K.

F4615U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Professional Performance AssessmentsU.K.

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

(a)authorising the giving of directions by any of—

(i)the Investigation Committee,

(ii)a Fitness to Practise Panel,

(iii)such other persons as may be specified in the rules,

requiring an assessment of the standard of a registered person’s professional performance to be carried out;

(b)specifying circumstances in which such an assessment may be carried out otherwise than in accordance with a direction.

(2)An assessment carried out by virtue of this paragraph shall be carried out by an Assessment Team in accordance with rules under this paragraph; and the rules shall, in particular, provide—

(a)for the constitution and proceedings of Assessment Teams;

(b)for the procedures to be followed by such Teams in carrying out assessments; and

(c)for the procedures to be followed following the making of a report by an Assessment Team.

(2A)An assessment of the standard of a registered person’s professional performance may include an assessment of his professional performance at any time prior to the assessment and may include an assessment of the standard of his professional performance at the time of the assessment.

(3)Rules under this paragraph may authorise a Fitness to Practise Panel to make directions of a kind which may be made under section 35D of this Act, for the suspension of, or the attachment of conditions to a person’s registration, where the person fails to comply with reasonable requirements imposed by an Assessment Team for the purposes of carrying out an assessment of the standard of his professional performance in accordance with a direction made under rules under this paragraph.

(3A)Rules under this paragraph may provide for the Investigation Committee to give a direction to the Registrar that a case be referred, or for the Registrar to refer a case, to a Fitness to Practise Panel for the purposes of that Panel making a direction under paragraph (3) above.

(5)An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of a Fitness to Practise Panel given by virtue of sub-paragraph (3) above, and on an appeal under this sub-paragraph the relevant court may—

(a)quash the direction;

(b)substitute for the direction any other direction which the Panel could have made; or

(c)remit the case to the Registrar for him to refer it to a Fitness to Practise Panel to be disposed of in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

(6)An Assessment Team, for the purposes of carrying out an assessment of the standard of a person’s professional performance—

(a)may require the production of, inspect and take copies of any records (in whatever form they are held) arising out of or relating to the person’s professional practice; and

(b)where such records are kept otherwise than in legible form, may require a copy of them to be given to the Team in legible form.

(7)A person who, without reasonable excuse, obstructs an Assessment Team in the execution of their powers under sub-paragraph (6) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)Nothing in this paragraph shall require or permit any disclosure of information which is prohibited by or under any other enactment; but where information is held in a form in which the prohibition operates by reason of the fact that the information is capable of identifying an individual, an Assessment Team may, in exercising their powers under sub-paragraph (6) above, require that the information be put into a form in which it is not capable of identifying an individual.

(8A)In determining for the purposes of sub-paragraph (8) above whether a disclosure is not prohibited, by reason of being a disclosure of personal data which is exempt from the non-disclosure provisions of the Data Protection Act 1998 by virtue of section 35(1) of that Act, it shall be assumed that the disclosure is required under this paragraph.

(9)Sub-paragraphs (6) and (7) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.

[F467(10)In this paragraph a reference to the standard of a registered person’s professional performance includes the standard of the person’s knowledge of English and, in particular, whether the person has the necessary knowledge of English.

(11)But an assessment carried out by virtue of this paragraph must not be limited to an assessment of whether a person has the necessary knowledge of English.

(12)Where an assessment is required to be undertaken by virtue of paragraph 5C below, that assessment shall not be carried out by an Assessment Team.]

Textual Amendments

5B(1)A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this paragraph if satisfied by the evidence on oath of at least two members of an Assessment Team that there are reasonable grounds for suspecting that the team will require a warrant for the purposes of carrying out an assessment required by virtue of rules made under paragraph 5A above.U.K.

(2)A warrant under this paragraph shall authorise one or more members of the Assessment Team (who must, if so required, produce documents identifying themselves) together with any constables—

(a)to enter any building specified in the warrant, but not a dwelling-house, using such force as is reasonably necessary for the purpose; and

(b)to search the premises for the purposes of the exercise of the powers under paragraph 5A(6) above.

(3)A warrant under this paragraph shall continue in force until the end of the period of 21 days beginning with the day on which it is issued.

(4)A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Knowledge of English AssessmentsU.K.

[F4685C.(1)The General Council may make rules—

(a)authorising the giving of directions by any of—

(i)the Investigation Committee,

(ii)a Fitness to Practise Panel,

(iii)such other persons as may be specified in the rules,

requiring a registered person to undertake an assessment of that person’s knowledge of English;

(b)specifying circumstances in which such an assessment may be undertaken otherwise than in accordance with a direction.

(2)An assessment required to be undertaken by virtue of this paragraph must be undertaken in accordance with rules made by the General Council under this paragraph; and the rules shall, in particular, provide—

(a)for the procedures to be followed by such persons when directing a registered person to undertake such an assessment;

(b)for the registered person who is required to undertake such an assessment to provide information in respect of that assessment to such persons as may be prescribed under the rules;

(c)for the information provided by virtue of paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

(3)If the Registrar is of the opinion that a person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment the Registrar may—

(a)refer the matter to the Fitness to Practise Panel, and

(b)if he does so, shall without delay serve on the person a notification of the making of such a referral.

(4)Where a matter is referred to the Fitness to Practise Panel under sub-paragraph (3), they may, if they think fit—

(a)direct that the person’s registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b)direct that the person’s registration shall be conditional on the person’s compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as the Fitness to Practise Panel think fit to impose for the protection of members of the public or in the person’s interests.

(5)Where under sub-paragraph (4), the Fitness to Practise Panel give a direction for suspension or a direction for conditional registration the Registrar must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (7).

(6)While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (4)—

(a)the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b)sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.

(7)An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of a Fitness to Practise Panel given under sub-paragraph (4) and on an appeal under this paragraph the relevant court may—

(a)quash the direction,

(b)substitute for the direction any other direction which the Panel could have made, or

(c)remit the case to the Registrar for him to refer it to a Fitness to Practise Panel to be disposed of in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

(8)Subject to paragraph 9, an appeal under sub-paragraph (7) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (5).

(9)Sub-paragraphs (6) to (9) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.]

Textual Amendments

Proceedings for erasure of entries fraudulently or incorrectly madeU.K.

F4696U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F469Sch. 4 para. 6 omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(2)

Legal assessorsU.K.

7(1)For the purposes of advising—U.K.

(a)the Investigation Committee where it is considering giving a warning to a person;

(b)an Interim Orders Panel; or

(c)a Fitness to Practise Panel,

on questions of law arising in proceedings before them, there shall in all such proceedings be an assessor to the Panel who shall be appointed by the General Council and shall be—

(i)a person who has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990,

(ii)an advocate or solicitor in Scotland of at least 10 years' standing, or

(iii)a member of the Bar of Northern Ireland or [F470solicitor of the Court of Judicature of Northern Ireland] of at least 10 years' standing.

(2)An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings.

(3)[F471The General Council] may make rules as to the functions of assessors appointed under this paragraph, including without prejudice to the generality of the powers to make such rules, the function of advising on the drafting of decisions.

(4)Rules made under this paragraph in connection with proceedings before the Investigation Committee, an Interim Orders Panel or a Fitness to Practise Panel may in particular contain such provisions as appear to [F472the General Council] expedient for—

(a)securing that where an assessor advises the Committee or a Panel on any question of law as to evidence, procedure or any other matter specified in the rules, he shall either—

(i)so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or

(ii)inform every such party or person of the advice that he has tendered, if the advice is tendered after the Committee or the Panel have begun their deliberations;

(b)securing that every such party or person shall be informed if in any case the Committee or the Panel do not accept the advice of the assessor on any such question,

and may also contain such incidental and supplementary provisions as appear to [F472the General Council] expedient.

(5)The General Council may pay to persons appointed to act as assessors such remuneration as the Council may determine.

[F473(6)Rules under this paragraph shall not come into force until approved by order of the Privy Council.]

Textual Amendments

Service of notifications of decisionsU.K.

8(1)This paragraph applies to any notice required to be served on a person under section 35C(5), (7) or (8), 35E(1), 39(2), [F47441(10) or 41A(5)] of this Act [F475or paragraph 5C(3) or (5) above].U.K.

(2)Any such notice may be so served—

(a)by delivering it to him;

(b)by leaving it at his proper address;

(c)by sending it by a registered post service; or

(d)by sending it by a postal service which provides for the delivery of the notice by post to be recorded.

(3)For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 in its application to this paragraph, a person’s proper address shall be—

(a)his address in the register; or

(b)if the conditions in sub-paragraph (4) below are satisfied, his last known address.

(4)The conditions are that—

(a)the person’s last known address differs from his address in the register; and

(b)it appears to the Registrar that a letter sent to the person at his last known address is more likely to reach him.

(5)For the purposes of this paragraph—

(a)the serving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and

(b)so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

Textual Amendments

Modifications etc. (not altering text)

Extension of time for appealingU.K.

9U.K.Where—

(a)any notice required by section 35E(1) or 39(2) of this Act [F476or paragraph 5C(5) above] to be served on a person by the Registrar is served on him by sending it by post; and

(b)the Registrar is satisfied, on an application of that person, that the person did not receive the notice within 14 days beginning with the day of the giving of the decision to which the notification relates,

the Registrar may, if he thinks fit, by authorisation in writing extend the time within which an appeal under section 40 of this Act [F477or paragraph 5C(7) above or under rules made by virtue of paragraph 5A(3) above] may be brought against the decision.

Textual Amendments

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

10(1)A direction for erasure, for suspension or for conditional registration given by a Fitness to Practise Panel under section 35D of [F478this Act or a] variation by a Fitness to Practise Panel under section 35D(12) F479... shall take effect—U.K.

(a)where no appeal under section 40 is brought against the direction or variation within the time specified in that section, on the expiration of that time;

(b)where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c)where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2)Where the time for appealing against a direction or variation is extended by an authorisation under paragraph 9 above—

(a)sub-paragraph (1) shall apply to the direction as if the reference in paragraph (a) to the time specified in section 40 of this Act were a reference to that time as so extended; and

(b)if the authorisation is given after the expiration of the time specified in section 40 of this Act, the direction or variation shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.

(3)Any reference in this paragraph to a direction for suspension or for conditional registration includes a reference to a direction extending a period of suspension or conditional registration.

Textual Amendments

F478Words in Sch. 4 para. 10(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 64(a)

F479Words in Sch. 4 para. 10(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 64(b)

[F48010B.(1)A direction for suspension or for conditional registration given by the Fitness to Practise Panel under paragraph 5C(4) above shall take effect—U.K.

(a)where no appeal under paragraph 5C(7) above is brought against the direction within the time specified in paragraph 5C(8) above, on the expiration of that time;

(b)where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c)where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2)Where the time for appealing against a direction is extended by an authorisation under paragraph 9 above—

(a)sub-paragraph (1) above shall apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5C(8) above were a reference to that time as so extended; and

(b)if the authorisation is given after the expiration of the time specified in paragraph 5C(8) above, the direction shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.]

Textual Amendments

11(1)If, while a person’s registration is suspended under section 35D(2) of this Act [F481or under paragraph 5C(4) above or under rules made by virtue of paragraph 5A(3) above], a direction is given under subsection (5) or (8)(a) or (c) of that section, the suspension of his registration shall continue to have effect throughout any period which may intervene between the time when, but for this sub-paragraph, the suspension of his registration would end and the time when the direction takes effect in accordance with paragraph 10 [F482or 10B] above or an appeal against it under section 40 of this Act is (otherwise than by the dismissal of the appeal) determined.U.K.

(2)If, on the determination of an appeal under section 40 of this Act, a direction extending a current period of suspension for a further period takes effect after the time when, but for sub-paragraph (1) above, the current period of suspension would have ended, that further period shall be treated as having started to run from that time.

(3)If, while a person’s registration is subject to conditions imposed under section 35D(2) of this Act [F483or under paragraph 5C(4) above or under rules made by virtue of paragraph 5A(3) above], a direction is given under subsection (10) or (12) of that section the conditions attached to his registration shall continue to attach to it throughout any period which may intervene between the time when, but for this sub-paragraph, his registration would cease to be conditional and the time when the direction takes effect in accordance with paragraph 10 [F484or 10B] above or an appeal against it under section 40 of this Act is (otherwise than by the dismissal of the appeal) determined.

(4)If, on the determination of an appeal under section 40 of this Act, a direction extending a current period of conditional registration for a further period takes effect after the time when, but for sub-paragraph (3) above, the current period of conditional registration would have ended, that further period shall be treated as having started to run from that time.

Textual Amendments

Recording of directions for suspension or conditional registrationU.K.

12U.K.Where a direction under section 35D of this Act [F485or under paragraph 5C(4) of this Schedule] or under rules made by virtue of paragraph 5A(3) of this Schedule for suspension or for conditional registration takes effect in relation to any person the Registrar shall record in the register the fact that that person’s registration is suspended or subject to conditions.

Textual Amendments

Meaning of “party”U.K.

13U.K.In this Schedule “party”, in relation to proceedings before the Investigation Committee, an Interim Orders Panel or Fitness to Practise Panel means any person to whose registration the proceedings relate, or the Solicitor to the General Council.]

Section 49B

[F486SCHEDULE 4AU.K.Directive 2005/36: functions of the General Council under section 49B(3)

Textual Amendments

Provision of DirectiveFunction of General Council
Article 7(2)(b)Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as medical practitioners.
Article 8(1)Receiving information from, or providing information to, other competent authorities in relation to—
(a)the legality of a person's establishment as a medical practitioner;
[F487(aa) the legality of a person's establishment as a specialist or as a general practitioner;]
(b)the good conduct of such a person;
(c)the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing medical services.
Article 23(1)Issuing certificates of effective and lawful practice in the United Kingdom to medical practitioners.
Article 23(6)[F488Issuing certificates stating that medical qualifications awarded in the United Kingdom which do not correspond to the titles set out in respect of the United Kingdom at point 5.1.1, 5.1.2, 5.1.3 or 5.1.4 of Annex V to the Directive (as the case may be), certify, as the case may be, successful completion of—
(a)basic medical training that is in accordance with Article 24 of the Directive;
(b)specialist training that is in accordance with Article 25 of the Directive;
(c)training in general practice that is in accordance with Article 28 of the Directive;
(d)training under Article 22(a) of the Directive which is to be treated as training in accordance with Article 25 or 28 of the Directive.]
Article 50(1) and paragraph 1(b) of Annex VIIProviding information to other competent authorities concerning the training in the United Kingdom of a medical practitioner to whom Chapter 1 of Part 3 of the General Systems Regulations applies.
Article 50(1) and paragraph 1(d) of Annex VIIIssuing, in respect of practice as a medical practitioner, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 1(e) of Annex VIIIssuing, in respect of practice as a medical practitioner, the certificates of good health referred to in sub-paragraph (e) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VIIIssuing certificates stating that [F489a person's primary United Kingdom qualifications or their CCT] are qualifications covered by the Directive.
Article 50(2)In cases of justified doubts—
(a)requiring confirmation of the authenticity of non-UK medical qualifications;
[F490(aa) providing confirmation to competent authorities of other relevant European States of the authenticity of a person's CCT;]
(b)requiring confirmation that holders of non-UK medical qualifications satisfy the minimum training conditions set out in article 24 of the Directive;
[F491(ba) providing confirmation that holders of a CCT satisfy the minimum training conditions set out in Article 25 or 28 of the Directive (as the case may be) or are to be treated as satisfying those conditions under Article 22(a) of the Directive;]
(c)providing confirmation to competent authorities of other relevant European States of the authenticity of any person's primary United Kingdom qualification;
(d)providing confirmation that holders of primary United Kingdom qualifications satisfy the minimum training conditions set out in article 24 of the Directive.
Article 50(3)In cases of justified doubts—
(a)verifying information provided in connection with non-UK medical qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
(b)providing information in connection with a person's primary United Kingdom qualification awarded following training in another relevant European State [F492or a CCT awarded following such training].
Article 56(1)Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a medical practitioner.
Where such information is received by the General Council—
(a)examining the veracity of the circumstances;
(b)deciding the nature and scope of any investigations that need to be carried out;
(c)informing other competent authorities of the General Council's conclusions.]

Textual Amendments

F487Words in Sch. 4A inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 18(2); S.I. 2010/478, art. 2(b)

F488Words in Sch. 4A substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 18(3); S.I. 2010/478, art. 2(b)

F489Words in Sch. 4A substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 18(4); S.I. 2010/478, art. 2(b)

F490Words in Sch. 4A inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 18(5)(a); S.I. 2010/478, art. 2(b)

F491Words in Sch. 4A inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 18(5)(b); S.I. 2010/478, art. 2(b)

F492Words in Sch. 4A added (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 18(6); S.I. 2010/478, art. 2(b)

Section 56(1).

SCHEDULE 5U.K. Consequential Amendments of Enactments

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F493

Textual Amendments

Mental Health Act M5 1959U.K.

Marginal Citations

2U.K.In the definition of “medical practitioner” in section 147(1) of the Mental Health Act 1959 for the words “the Medical Act 1956” there shall be substituted the words “ Schedule 1 to the Interpretation Act 1978 ”.

Mental Health (Scotland) Act M6 1960U.K.

Marginal Citations

3U.K.In the definition of “medical practitioner” in section 111(1) of the Mental Health (Scotland) Act 1960 for the words “the Medical Act 1956” there shall be substituted the words “ Schedule 1 to the Interpretation Act 1978 ”.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F494

Textual Amendments

F494Sch. 5 para. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

Medicines Act M7 1968U.K.

Marginal Citations

5U.K.In section 132(1) of the Medicines Act 1968 for the definition of “doctor” there shall be substituted—

““doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Mines Act (Northern Ireland) 1969U.K.

6U.K.In section 158(1) of the M8Mines Act (Northern Ireland) 1969, in the definition of “doctor” for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Marginal Citations

Nurses and Midwives Act (Northern Ireland) M9 1970U.K.

Marginal Citations

7U.K.In section 54(1) of the Nurses and Midwives Act (Northern Ireland) 1970, in the definition of “doctor” for the words “the Medical Acts 1956 to 1969” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Nursing Homes and Nursing Agencies Act (Northern Ireland) M10 1971U.K.

Marginal Citations

8U.K.In section 20 of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971, in the definition of “fully registered person” for the words “section 54(1) of the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Misuse of Drugs Act M11 1971U.K.

Marginal Citations

9U.K.In section 37(1) of the Misuse of Drugs Act 1971 for the definition of “doctor” there shall be substituted—

““doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Health and Personal Social Services (Northern Ireland) Order M12 1972U.K.

Marginal Citations

10U.K.In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972, in the definition of “medical practitioner” for the words “the Medical Acts 1956 to 1969” there shall be substituted the words “ the Medical Act 1983 ”.

Finance Act M13 1972U.K.

Marginal Citations

11U.K.In the Finance Act 1972—

(a)in Schedule 4 in Note (2)(a) to Group 14 and in Schedule 5 in Note (2) to Group 7 for the words “paragraph (3) of Article 7 of the Medical Qualifications (EEC Recognition) Order 1977” and “that Article” there shall be substituted respectively the words “ subsection (3) of section 18 of the Medical Act 1983 ” and “ that section ”; and

(b)Note (2)(b) to the said Group 14 and Note (4) to the said Group 7 shall cease to have effect.

Poisons Act M14 1972U.K.

Marginal Citations

12U.K.In section 11(2) of the Poisons Act 1972 for the definition of “doctor” there shall be substituted—

““doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Births and Deaths Registration (Northern Ireland) Order M15 1976U.K.

Marginal Citations

13U.K.In Article 2(2) of the Births and Deaths Registration (Northern Ireland) Order 1976, in the definition of “registered medical practitioner” for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Pharmacy (Northern Ireland) Order 1976U.K.

14U.K.In Article 23 of the M16Pharmacy (Northern Ireland) Order 1976 for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Marginal Citations

Poisons (Northern Ireland) Order M17 1976U.K.

Marginal Citations

15U.K.In Article 2(2) of the Poisons (Northern Ireland) Order 1976, in the definition of “fully registered person” for the words “section 54(1) of the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

National Health Service Act M18 1977U.K.

Marginal Citations

16U.K.In the National Health Service Act 1977—

F495(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F496(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

National Health Service (Scotland) Act M19 1978U.K.

Marginal Citations

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

(a)in section 19(7) for the words “section 8(1) or (2) of the Medical Act 1978”, “section 9(1)” and “section 13(3)(b)” there shall be substituted respectively the words “ section 37(1) or (2) of the Medical Act 1983 ”, “ section 38(1) ” and “ section 42(3)(b) ”; and

(b)in section 108(1) for the definition of “medical practitioner” there shall be substituted—

““medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Interpretation Act M20 1978U.K.

Marginal Citations

18U.K.In Schedule 1 to the Interpretation Act 1978, in the definition of “registered medical practitioner”, for the words “the Medical Act 1956” there shall be substituted the words “ the Medical Act 1983 ”.

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F497

Textual Amendments

Section 56.

SCHEDULE 6U.K. Transitional and Saving Provisions

1U.K.Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.

2U.K.Where, apart from this paragraph, anything done under or for the purposes of any enactment which is repealed by this Act would cease to have effect by virtue of that repeal it shall have effect as if it had been done under or for the purposes of the corresponding provision of this Act.

3E+W+SNotwithstanding the repeal by this Act of section 57(3) of the 1956 Act, anything continued in force by that section shall continue in force following that repeal and so far as it could have been made, given or done under this Act shall have effect as if it had been so made, given or done.

4U.K.The repeal of section 4 of the 1978 Act by this Act shall not affect the operation of [F498Article] 3 of the M21Irish Republic (Termination of 1927 Agreement) Order 1979 but after the commencement of this Act, except where the context otherwise requires, the references in [F498that Article] to provisions of the 1956 Act shall have effect as references to the corresponding provisions of this Act.

Textual Amendments

Marginal Citations

5U.K.Nothing in the repeals made by this Act shall affect any registration or entry or note in a register which has effect by virtue of any enactment repealed by this Act.

6U.K.References in any enactment, instrument or other document passed or made before 23rd February 1951 to the General Council of Medical Education and Registration of the United Kingdom shall be construed as references to the General Council.

7U.K.References (however worded) to the general register kept for the purposes of the 1956 Act in any Act or instrument passed or made before 26th January 1979 shall be construed as references to the register of medical practitioners.

8U.K.The reference in section 31(8) of this Act to a person whose name has been erased from the register by virtue of section 30(5) of this Act shall include references to a person whose name has been erased from the register by virtue of section 3(5) of the M22Medical Act 1969, or section 41(7) of the 1956 Act or the corresponding enactment repealed by that Act.

Marginal Citations

9U.K.A person who immediately before the commencement of section 11 of the Medical Act 1969 held an additional qualification within the meaning of section 8 of the 1956 Act as originally enacted shall, if registered under section 3 of this Act or on becoming so registered, be entitled to have the qualification registered; and if he is not registered under section 3 of this Act that qualification shall confer on him the same right to registration under that section as a primary United Kingdom qualification.

10U.K.Any reference to infamous conduct in any professional respect in any enactment passed, or in any instrument made, before 1st April 1970 shall, in so far as it relates to the conduct of medical practitioners, be construed as, or as including, a reference to serious professional misconduct.

11(1)In any enactment passed before 1st January 1979 the expression “legally qualified medical practitioner”, or “duly qualified medical practitioner”, or any expression importing a person recognised by law as a medical practitioner or member of the medical profession, shall, unless the contrary intention appears, be construed to mean a [F499registered medical practitioner] [F500who holds a licence to practise].U.K.

(2)In any enactment passed before 1st January 1979 references (however expressed) to a person registered under the Medical Acts or as a medical practitioner shall, unless the contrary intention appears, be construed as references to a [F499registered medical practitioner] [F501who holds a licence to practise].

Textual Amendments

F499Words in Sch. 6 para. 11(1)(2) substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(8) (with Sch. 2)

12U.K.Any direction given or order made under sections 32 to 38 of or Schedule 4 to the 1956 Act or section 15 or 16 of the M23Medical Act 1969 which had taken effect before 1st August 1980 and was in force immediately before that day shall, if it could be given or made under a provision of this Act have effect on and after that day as if given or made under that provision of this Act and sections 36, 38, 40 and 41 of this Act shall apply accordingly.

Marginal Citations

13U.K.Any reference in any instrument to the Disciplinary Committee or to any provision repealed by section 6(4)(a) of the 1978 Act shall be construed as a reference to the Professional Conduct Committee or to the provision of this Act which corresponds to that repealed provision.

F50214U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15U.K.In relation to any person who was provisionally registered under section 17 of the 1956 Act immediately before section 16 of the 1978 Act came into operation—

(a)section 15 of the 1956 Act shall continue to have effect as it had immediately before that date;

(b)section 10 of this Act shall not have effect; and

(c)the remaining provisions of this Act shall have effect as if references to or to the provisions of section 10 of this Act were references to or to the provisions of section 15 of the 1956 Act.

16U.K.The decisions within section 29(2) of this Act shall include those which were within subsection (2) of section 28 of the 1978 Act immediately before the commencement of this Act other than those to which subsection (3) of that section applied.

17U.K.Section 41 of this Act applies to a person whose name has been erased from the register under section 33 of the 1956 Act or any corresponding enactment repealed by that Act as it applies to a person whose name is erased under section 36 of this Act.

18U.K.Until provision is made with respect to proceedings before the Professional Conduct Committee under section 44 of this Act, rules made or having effect as if made under F503... paragraph 1 of Schedule 4 to this Act, so far as relating to proof of criminal convictions, shall be applied with any necessary modifications to proof of a disqualifying decision.

Textual Amendments

19U.K.Section 53 of this Act shall apply to a copy of any document to which section 51 of the 1956 Act applied immediately before the commencement of this Act as if such documents were mentioned in subsection (2) of that section.

20(1)A person registered under section 23 of the 1956 Act shall be deemed to be provisionally registered within the meaning of this Act and the definitions in section 55 of this Act of “provisionally registered” and “a fully registered person” shall have effect accordingly.U.K.

(2)Without prejudice to sub-paragraph (1) above—

(a)sections 30(1)(a) and (b) and 31(4) of this Act shall have effect as if after the words “section 15 above” there were inserted the words “or section 23 of the Medical Act 1956”;

(b)section 34(4) of this Act shall have effect as if there were inserted at the end the words “or section 23 of the Medical Act 1956”; and

(c)section 41(3) of this Act shall apply to a person who was provisionally registered under section 23 of the 1956 Act as it applies to a person provisionally registered under section 21 of this Act.

21U.K.The re-enactment in paragraph 2(2) of Schedule 1 to this Act of section 1(5) of the 1978 Act shall not oblige the General Council to make a new electoral scheme any earlier than they would otherwise have done so.

22U.K.Nothing in this Act shall affect the validity of the standing orders of the General Council in force immediately before 27th September 1979 and those orders shall have effect as if made under paragraph 15 of Schedule 1 to this Act.

F50423U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F504Sch. 6 para. 23 omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 19

24(1)Where immediately before the commencement of this Act paragraph 9 of Schedule 5 to the 1978 Act applied to a person, after the commencement of this Act—U.K.

(a)he shall be treated as having been registered under section 19 of this Act as a fully registered medical practitioner; and

(b)any qualifications of his registered under section 18 of the 1956 Act shall be treated as having been registered under section 26 of this Act as if they were recognised overseas qualifications.

(2)Sections 22 and 23 of the 1956 Act shall, notwithstanding their repeal by the 1978 Act, continue to have effect in relation to persons who were registered under section 23 immediately before the repeal; and a person who was so registered shall, on satisfying the General Council of the matters specified in paragraph (a), (b) or (c) of section 22(2) of the 1956 Act, be entitled to be registered under section 19 of this Act as a fully registered medical practitioner and to have registered under section 26 of this Act as if they were recognised overseas qualifications any qualifications which he would have been entitled to have had registered under section 18 of the 1956 Act.

(3)Where immediately before the commencement of this Act paragraph 11(b) of Schedule 5 to the 1978 Act applied to any person he shall be treated for the purposes of sub-paragraph (2) above as having been registered under section 23 of the 1956 Act immediately before its repeal.

(4)Where immediately before the commencement of this Act paragraph 12 of Schedule 5 to the 1978 Act applied to any person, he shall be entitled to be registered under section 19 of this Act as a fully registered medical practitioner and to have registered under section 26 of this Act as if they were recognised overseas qualifications any qualifications which he would have been entitled to have registered by virtue of that paragraph.

(5)Any person who immediately before the commencement of this Act was treated by virtue of paragraph 13 of Schedule 5 to the 1978 Act as registered under section 18 of that Act shall after the commencement of this Act be treated as registered under section 19 of this Act as a fully registered medical practitioner.

SCHEDULE 7U.K.

Part IU.K. Enactments Repealed

ChapterShort TitleExtent of Repeal
4 & 5 Eliz. 2. c. 76.The Medical Act 1956.The whole Act.
5 & 6 Eliz. 2. c. 28.The Dentists Act 1957.In section 2(4) the words “subject to the next following subsection”.
Section 2(5).
6 & 7 Eliz. 2. c. 58.The Medical Act 1956 (Amendment) Act 1958.The whole Act.
10 & 11 Eliz. 2. c. 23.The South Africa Act 1962.In Schedule 3, paragraph 3.
1966 c. 13.The Universities (Scotland) Act 1966.In Schedule 6, paragraph 20.
1969 c. 40.The Medical Act 1969.The whole Act.
1972 c. 41.The Finance Act 1972.In Schedule 4, Note (2)(b) to Group 14.
In Schedule 5, Note (4) to Group 7.
1973 c. 48.The Pakistan Act 1973.In Schedule 3, paragraph 4(a).
1973 c. 49.The Bangladesh Act 1973.In the Schedule, paragraph 12.
1977 c. 49.The National Health Service Act 1977.In Schedule 14, in paragraph 13(1)(b), the reference to paragraph 69 of the National Health Service Reorganisation Act 1973.
In Schedule 15, paragraph 14.
1978 c. 12.The Medical Act 1978.The whole Act.
1978 c. 29.The National Health Service (Scotland) Act 1978.In Schedule 16, paragraph 9.
1981 c. 54.The [F466Senior Courts Act 1981].In Schedule 5, the entries relating to the Medical Act 1956 and the Medical Act 1978.
1983 c. 41.The Health and Social Services and Social Security Adjudications Act 1983.In Schedule 6, paragraph 1.

Part IIU.K. Revocation

ReferenceTitleExtent of Revocation
S.I. 1977 No. 827.Medical Qualifications (EEC Recognition) Order 1977.Articles 3, 4, 7 and 8.
S.I. 1980 No. 872.General Medical Council (Qualifying Examinations) (University of Leicester) Order 1980.The whole order.
S.I. 1980 No. 1721.Medical, Nursing and Dental Qualifications (EEC Recognition) (Greek Qualifications) Order 1980.Article 2.
S.I. 1982 No. 1076.Medical, Nursing, Dental and Veterinary Qualifications (EEC Recognition) Order 1982.Article 2(1).