Medical Act 1983

Changes over time for: Section 35D

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Point in time view as at 31/12/2015.

Changes to legislation:

Medical Act 1983, Section 35D is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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[F135D[F2Functions of a Medical Practitioners Tribunal]U.K.

(1)Where an allegation against a person is referred under [F3section 35C(5)(b)] above to [F4the MPTS—

(a)the MPTS must arrange for the allegation to be considered by a Medical Practitioners Tribunal, and

(b)]subsections (2) and (3) below shall apply.

(2)[F5Where the Medical Practitioners Tribunal] find that the person’s fitness to practise is impaired they may, if they think fit—

(a)except in a health case [F6or 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 [F7the Tribunal] think fit to impose for the protection of members of the public or in his interests.

(3)Where [F8the Tribunal] 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 [F9a Medical Practitioners Tribunal] 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 [F10paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act,

[F11subsections (4A) and (4B) below apply].

[F12(4A)The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period of suspension; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

(4B)The Registrar may, at any time prior to the expiry of the period of suspension, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal prior to that expiry; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.]

(5)[F13On a review arranged under subsection (4A) or (4B)], [F14a Medical Practitioners Tribunal] 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 [F15or language case] [F16or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], direct that the person’s name shall be erased from the register; F17...

(c)direct that the person’s registration shall, as from the expiry of the current period of suspension [F18or from such date before that expiry as may be specified in the direction], 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 [F14the Tribunal] think fit to impose for the protection of members of the public or in his interests[F19; or

(d)revoke the direction for the remainder of the current period of suspension,]

but, subject to subsection (6) below, [F14the Tribunal] shall not extend any period of suspension under this section for more than twelve months at a time.

(6)In a health case [F20or language case] [F21or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], [F22a Medical Practitioners Tribunal] 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 [F23a Medical Practitioners Tribunal have] given a direction under subsection (6) above for a person’s period of suspension to be extended indefinitely, [F24the Registrar shall refer the matter to the MPTS for them to arrange for a Medical Practitioners Tribunal to] review the direction if—

[F25(a)the person makes a request to the Registrar for there to be such a review;]

(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)[F26Where a matter is referred to the MPTS under subsection (7), the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and on such a review, the Tribunal 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 [F27the Tribunal] 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)[F28paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act, or

(iv)section 41A below; and

[F29(b)the Registrar is of the opinion that that person has failed to comply with any requirement imposed on the person as such a condition,]

[F30subsection (9A)] below applies.

[F31(9A)The Registrar may refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.]

(10)[F32Where, on a review arranged under subsection (9A), the Tribunal judge the person concerned to have failed to comply with a requirement imposed as a condition such as is mentioned in subsection (9)(a),] [F33the Tribunal] may, if they think fit—

(a)except in a health case [F34or language case] [F35or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], 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.

[F36(11)Where, in a case which does not come within subsection (9) above, a direction that a person’s registration be subject to conditions has been given under subsection (2), (5) or (8) above or paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, subsections (11A) and (11B) below apply.

(11A)The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period for which the conditions apply; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

(11B)The Registrar may, at any time prior to the expiry of the period for which the conditions apply, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.]

(12)[F37On a review arranged under subsection (11A) or (11B)], [F38a Medical Practitioners Tribunal] may, if they think fit—

(a)except in a health case [F39or language case] [F40or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], 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 [F38the Tribunal] shall not extend any period of conditional registration under this section for more than three years at a time.]

[F41(13)Where a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to give or make a direction, revocation or variation under subsection (5), (6), (8), (10) or (12) above, but the person concerned and the General Council have agreed in writing to the terms of such a direction, revocation or variation—

(a)the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may give a direction or make a revocation or variation on the agreed terms; or

(b)if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose.

(14)A direction, revocation or variation given or made under subsection (13)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).]

Textual Amendments

F1Pt. 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)

F2S. 35D title substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(3); S.I. 2015/1952, art. 2(d)

F3Words in s. 35D(1) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(3)(a); S.I. 2015/1952, art. 2(d)

F4Words in s. 35D(1) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(3)(b); S.I. 2015/1952, art. 2(d)

F5Words in s. 35D(2) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(4)(a); S.I. 2015/1952, art. 2(d)

F6Words in s. 35D(2)(a) inserted (29.4.2014) by The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101), arts. 1(1), 7(2) (with arts. 11, 12)

F7Words in s. 35D(2)(c) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(4)(b); S.I. 2015/1952, art. 2(d)

F8Words in s. 35D(3) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(5); S.I. 2015/1952, art. 2(d)

F9Words in s. 35D(4) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(5); S.I. 2015/1952, art. 2(d)

F10Words in s. 35D(4)(c) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 12(4); S.I. 2015/1952, art. 2(i)

F11Words in s. 35D(4) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(6); S.I. 2015/1952, art. 2(d)

F12S. 35D(4A)(4B) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(7); S.I. 2015/1952, art. 2(d)

F13Words in s. 35D(5) substituted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 5(8)(a); S.I. 2015/1952, art. 2(d)