Part V Professional Conduct and Fitness to Practise
44 Effect of disqualification in another member State on registration in the United Kingdom.
1
A person who is subject to a disqualifying decision in a member State of the Communities in which he is or has been established in medical practice shall not be entitled to be registered by virtue of section 3(b) above for so long as the decision remains in force in relation to him.
2
A disqualifying decision in respect of a person is a decision, made by responsible authorities of the member State of the Communities in which he was established in medical practice or in which he acquired a primary United Kingdom or primary European qualification, and—
a
expressed to be made on the grounds that he has committed a criminal offence or on grounds related to his professional conduct, and
b
having in that State the effect either that he is no longer registered or otherwise officially recognised as a medical practitioner, or that he is prohibited from practising medicine there.
3
If a person has been registered by virtue of section 3(b) above and it is subsequently shown to the satisfaction of the Registrar that he was subject to a disqualifying decision in force at the time of registration, and that the decision remains in force, the Registrar shall remove the person’s name from the register.
4
If registration is refused or a person’s name is removed from the register in accordance with subsection (3) above—
a
the Registrar shall, on request, state in writing the reasons for the refusal, or the removal, as the case may be;
b
the person may appeal by giving notice in writing to the General Council; and
c
any such appeal shall be determined by the General Council or, if the Council have delegated their functions under this subsection to a committee, by that committee.
5
If a person has been registered as a fully registered medical practitioner by virtue of section 3(b) above at a time when a disqualifying decision was in force in respect of him, and he has been so registered for a period of not less than one month throughout which the decision had effect—
a
the Professional Conduct Committee may direct that his registration be suspended for such period, not exceeding the length of the first-mentioned period, as the Committee think fit, and the period of suspension shall begin on a date to be specified in the Committee’s direction; and
b
sections 36(6) and 40 of and paragraphs 1, 2, 8, 9, 10 and 13 of Schedule 4 to this Act shall have effect, with any necessary modifications, in relation to suspension under this subsection.
6
Where on or after the date on which a person was registered by virtue of section 3(b) above a disqualifying decision relating to him comes into force, this Part of this Act shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct had been such as is imputed to him by that decision, as the case may be.
7
Subsection (1) of section 18 above shall not apply to a person and that person shall not be registered as a visiting EEC practitioner at any time when he is subject to a disqualifying decision imposed by a member State or its competent authority (within the meaning of that section).