Medical Act 1983

[F111(1)If, while a person’s registration is suspended under [F2section 35D] of this Act [F3or under paragraph [F45A(3D) or] 5C(4) aboveF5...], a direction is given under [F6subsection (5)(a), (b) or (c)] or (8)(a) or (c) of [F7section 35D], 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[F8— U.K.

(a)the direction takes effect in accordance with paragraph 10, 10A or 10B above,

(b)where on an appeal under this Act against the direction the MPTS arrange for the matter to be disposed of by a Medical Practitioners Tribunal, the Tribunal dispose of the matter and their decision on doing so takes effect, or

(c)an appeal under this Act against the direction is determined (otherwise than by the dismissal of the appeal or by the disposal of the matter by a Medical Practitioners Tribunal).]

(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 [F9section 35D] of this Act [F10or under paragraph [F115A(3D) or] 5C(4) aboveF12...], a direction is given under subsection (10) or (12) of [F13section 35D] 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[F14—

(a)the direction takes effect in accordance with paragraph 10, 10A or 10B above,

(b)where on an appeal under this Act against the direction the MPTS arrange for the matter to be disposed of by a Medical Practitioners Tribunal, the Tribunal dispose of the matter and their decision on doing so takes effect, or

(c)an appeal under this Act against the direction is determined (otherwise than by the dismissal of the appeal or by the disposal of the matter by a Medical Practitioners Tribunal).]

(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.]

[F15(5)A reference in this paragraph to an appeal under this Act does not include a reference to an appeal under section 40A.]

Textual Amendments

F1Sch. 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)