The General Medical Council (Restoration and Registration Fees Amendment) Regulations Order of Council 2003

Restoration of a person’s name to the register

2.—(1) A person whose name has been erased under section 30(5) of the Act or any regulations made in pursuance of section 32(2) of the Act may apply to the Registrar in accordance with this regulation for his name to be restored to the register.

(2) An application under this regulation shall be made in writing and shall include the following—

(a) the applicant’s name and his previous registration number;

(b) his medical qualifications which he would be entitled to have registered under section 16 or 26 of the Act;

(c) the address which he wishes to be entered on the register as his address;

(d) a statement complying with paragraph (3) made and signed by the applicant;

(e) the name and address of his current or last employer and the date of the commencement of his employment with his current employer, or if he is not currently employed, the date his last employment was terminated;

(f) if the Registrar so requests, a statement complying with paragraph (3) made by the employer named in accordance with sub-paragraph (e) and signed by that employer or by a director or officer of that employer;

(g) a statement complying with paragraph (3) made by an officer of any regulatory body other than the General Medical Council which is responsible for the regulation or supervision of a health or social care profession and with which the applicant has been registered—

(i) in the previous five years, or

(ii) if the Registrar so requests, during any period specified by the Registrar,

and an application may be delivered by hand or sent to the Registrar by post.

(3) The statements referred to in sub-paragraphs (d), (f) and (g) of paragraph (2) comply with this paragraph if they either—

(a) state that the person making it is not aware of any proceedings or of any act or omission on the part of the applicant which (if he were a registered medical practitioner) might render him liable to be referred to the General Medical Council (including any Committee of the Council) in relation to his conduct, health or performance; or

(b) give particulars of any such proceedings or act or omission which might render the person liable to be so referred.

(4) For the purposes of this regulation, a person for whom another person works otherwise than in a medical capacity is not to be regarded as that other person’s employer but, subject to that, a person’s current employer is his principal current employer, if any, or any body or organisation to which he is contracted to provide medical services, and if he is not currently employed or contracted, his last employer is his principal last employer or the body or organisation to which he was most recently contracted to provide medical services.

(5) Where a statement—

(a) by the person named in accordance with paragraph (2)(e), if requested in accordance with paragraph (2)(f), or

(b) required in accordance with paragraph (2)(g) from an officer of a regulatory body,

complying with paragraph (3) is not attached to the application the Registrar shall use his best endeavours to obtain the statement, but if the employer or regulatory body cannot be contacted or does not respond before the expiry of one month beginning with the date the application is received by the General Medical Council, the application may still be proceeded with under this regulation and, if appropriate, regulation 3.

(6) Subject to regulation 3 of these Regulations and regulation 14 of the Fees Regulations (fees for restoration to the Principal List), where an application under this regulation has been made by a person, the Registrar shall restore the applicant’s name to the register, and notify him in writing that his name has been so restored.