Part IV General Provisions Concerning Registration

30 The registers.

F1A1

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 F2include—

(a)

in the principal list the names of persons entitled to be registered under F3section F43, 14A, 15, 15A or 19A above, or directed to be registered under F5section 19, 21, F621B or 21C above;

F7(aa)

in the emergency powers doctors list, the names of persons from time to time registered under section 18A; F8and

F9(b)

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

(c)

in the visiting overseas doctors list the names of persons from time to time directed to be registered under F10section 27A or 27B above; F11...

F11(d)

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

F12(2)

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

F13(3)

F14The 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 F15F16the register.

(4)

It shall be the duty of the Registrar to keep F17the registerF18, 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, F19or 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 F20the 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 F21the 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.

F2230A.The register: emergency powers doctors list

(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.

31 Power to make regulations with respect to the registers.

(1)

Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of F23... F23the registers and the making of entries, alterations and corrections F24... F24in them.

(2)

Regulations under this section may provide for F25... F25the registers to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if F26... F26the registers are not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

F27(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 F28or 15A above and those provisionally registered under section 21 F29or 21C above.

F30(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.

F31(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).

F32(5)

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

F32(6)

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

F32(7)

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

(8)

Regulations under this section may make provision with respect to the restoration to F33... F33the registers of the name of any person whose name has been erased from F34... F34them by virtue of section 30(5) above or of any regulations made in pursuance of F35... 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 F36... F36the registers F37... the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and F38fitness to practise as may be prescribed; and

F39(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 metF40; and

(c)

where such a person is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the Registrar or the General Council or a committee of the Council to take into account—

(i)

whether the assessment was carried out,

(ii)

whether any requirements imposed in respect of the assessment were complied with, and

(iii)

if the assessment was carried out, the results of the assessment.

F41...

(10)

Regulations made in pursuance of F42subsection (4A), F43(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.

F45F4431A Voluntary removal from F45... F45any of the registers.

(1)

The General Council may make regulations—

(a)

providing for the erasure by the Registrar from F46... F46any 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 F47... F47any 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 F48... F48any 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.

F49(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 F50... F50any 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.

F51(1C)

Regulations under subsection (1)(c) above may include provision, where the person concerned is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the General Council or a committee of the Council to take into account—

(a)

whether the assessment was carried out,

(b)

whether any requirements imposed in respect of the assessment were complied with, and

(c)

if the assessment was carried out, the results of the assessment.

(2)

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

32 Registration fees.

(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 F52... ;

(c)

authorising the Registrar, notwithstanding anything in this Act, to refuse to make any entry in, or restore any entry to, the register F53... until a fee prescribed by regulations under this section has been paid.

F54(1A)

Any fee prescribed by the General Council under subsection (1) in connection with the making of an entry in the register relating to a specified state professional must be—

(a)

reasonable and proportionate to the cost of dealing with such a person’s application;

(b)

transparent and made public in advance; and

(c)

payable by electronic means through the General Council’s website.

(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; F55...

F55(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 F56in the emergency powers doctors list F57... and accordingly this section shall not apply in relation thereto.

F58(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.

F59(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.

33 Supplementary provisions about registration.

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

F6034F61Publication of F62the registers

(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, F63appear in F64each 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; F65...

F66(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.

F6734AProof of registration

(1)

The Registrar may issue a certificate that a person—

(a)

is registered F68in any of the registers;

(b)

is not registered F68in any of the registers;

(c)

was registered F68in any of the registers at a specified date or during a specified period;

(d)

was not registered F68in any of the registers at a specified date or during a specified period;

(e)

has never been registered F68in 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.

F69(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) F70or (1A) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.

F7134BRegistration F72and training appeals

F73(1)

Schedule 3A to this Act (which makes provision about appeals against registration F74and training decisions) shall have effect.

F75(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.