38 [F1Power to order immediate suspension etc.] U.K.
(1)On giving a direction for erasure or a direction for suspension under section 35D(2), (10) or (12) above, or under [F2paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act, in respect of any person the [F3Medical Practitioners Tribunal], 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 [F2paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act, in respect of any person the [F4Medical Practitioners Tribunal], 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[F5, 10A or 10B] of Schedule 4 to this Act; F6...
F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)an appeal against it under section 40 below or [F7paragraph 5A(5) or 5C(7) of Schedule 4] is (otherwise than by the dismissal of the appeal) determined.
(4)Where a [F8Medical Practitioners Tribunal] make an order under subsection (1) or (2) above, [F9the MPTS] 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.
Textual Amendments
F1S. 38 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), 12(6); S.I. 2015/1952, art. 2(i)
F2Words in s. 38(1)(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), 12(6); S.I. 2015/1952, art. 2(i); S.I. 2015/1952, art. 2(i)
F3Words in s. 38(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), 4(9); S.I. 2015/1952, art. 2(c)
F4Words in s. 38(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), 4(9); S.I. 2015/1952, art. 2(c)
F5Words in s. 38(3)(a)(i) 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), 12(7)(a); S.I. 2015/1952, art. 2(i)
F6S. 38(3)(a)(ii) and preceding word omitted (31.12.2015) by virtue of 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(7)(b); S.I. 2015/1952, art. 2(i)
F7Words in s. 38(3)(b) 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(7)(c); S.I. 2015/1952, art. 2(i)