Medical Act 1983

29J Miscellaneous U.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.

[F1 (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.]

[F2 (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 [F3 or 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

F1 S. 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

F2 S. 29J(2E) inserted (29.4.2014) by The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101), arts. 1(1), 5(2) (with arts. 11, 12)

F3 Words in s. 29J(3) inserted (9.9.2009) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 16(3); S.I. 2009/2200, art. 2