The General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012

Grant or refusal of a licence U.K.

3.—(1)  [F1 Subject to [F2 paragraphs (1A) and (1C),]] the Registrar must grant a licence to a medical practitioner—

(a) upon registration under the Act whether such registration is full or provisional, or by virtue of section F3 ... 18A (temporary registration with regard to emergencies) M1 , 27A (temporary registration with regard to emergencies) M2 or 27B (special purpose registration) M3 ;

(b) unless the practitioner requests otherwise, upon restoration of the practitioner's name to the register pursuant to regulations made under—

(i) subsection (8) of section 31 (power to make regulations with respect to the registers) M4 , or

(ii) subsection (1)(c) of section 31A (voluntary removal from the register) M5 ;

(c) unless the practitioner requests otherwise, upon restoration of the practitioner's name to the register pursuant to section 41(1) (restoration of names to the register) M6 , where the practitioner's name had, before the coming into force of the General Medical Council (Licence to Practise) Regulations 2009 M7 , been erased from the register pursuant to section 35D (functions of a Fitness to Practise Panel) M8 ; or

(d) unless the practitioner requests otherwise, upon the date that a period of suspension, including any extension of a period of suspension or any period of suspension ordered to take effect immediately, comes to an end, where the practitioner had, before the coming into force of the General Medical Council (Licence to Practise) Regulations 2009, been suspended under Part V.

[F4 (1A) The Registrar may refuse to grant a licence—

(a) under paragraph (1)(a), (c) or (d), or

(b) upon restoration of the practitioner’s name to the register where the practitioner’s name had been erased from the register under the provisions set out in sub-paragraph (i) or (ii) of paragraph (1)(b) before the coming into force of the General Medical Council (Licence to Practise) Regulations 2009,

to a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English.

(1B) In determining whether a medical practitioner has demonstrated the necessary knowledge of English under paragraph (1A) the Registrar must take account of the guidance published by the General Council under section 29G(2A) of the Act and such evidence as a person provides of his knowledge of English in accordance with that guidance .]

[F5 (1C) The Registrar may refuse to grant a licence under paragraph (1) to a medical practitioner who has failed to provide—

(a) confirmation that they have in force or will have in force in relation to them by the time they begin practice as a licensed practitioner, an indemnity arrangement which provides appropriate cover; or

(b) any other evidence or information requested by the Registrar under regulation 4A.]

(2) A registered practitioner who does not hold a licence may make an application in writing to the Registrar for a licence.

(3) An application made under paragraph (2) must include—

(a) the practitioner's name, date of birth and GMC reference number;

(b) the practitioner's registered address or an address to which the Registrar may send the practitioner written communications about the application;

(c) if the practitioner is willing to receive written communications about the application by electronic mail, an electronic mail address to which the Registrar may send such communications;

(d) confirmation that the practitioner has not since the time of the coming into force of the General Medical Council (Licence to Practise) Regulations 2009 provided medical services for which a licence is required;

[F6 (da) a statement by the practitioner that the practitioner has in force, or will have in force in relation to them by the time the practitioner begins to practise as a licensed practitioner in the UK, an indemnity arrangement which provides appropriate cover;]

(e) the name and address of—

(i) any person, body or organisation by whom the practitioner is employed to provide medical services, and

(ii) any person, body or organisation with whom the practitioner has an arrangement to provide medical services;

(f) where the practitioner is not employed to provide medical services and does not have an arrangement to provide medical services, the name and address of—

(i) the person, body or organisation that most recently employed the practitioner to provide medical services (if any), and

(ii) the person, body or organisation with whom the practitioner most recently had an arrangement to do so (if any);

(g) the date that—

(i) any employment and any arrangement to provide medical services referred to under paragraph (e) commenced, or

(ii) any employment and any arrangement to provide medical services referred to under paragraph (f) —

(aa) commenced, and

(bb) terminated; and

(h) a statement by each person set out in paragraph (4) which—

(i) states that the person making it is not aware of any proceedings, or act or omission on the part of the practitioner, which might render the practitioner liable to be referred to the General Council for investigation or consideration of the practitioner's fitness to practise, or which have resulted in such investigation or consideration, or

(ii) gives particulars of any proceedings, or act or omission on the part of the practitioner, which might render the practitioner so liable or which have resulted in such investigation or consideration, of which the person making the statement is aware.

(4) The persons referred to in paragraph (3)(h) are—

(a) the practitioner;

(b) any person or an officer of any body or organisation named in accordance with paragraph (3)(e); and

(c) an officer of any regulatory body (other than the General Council) with which the practitioner has been registered within the period of 5 years ending with the date of the application.

[F7 (5) Where in the Registrar’s opinion it is reasonable to do so for the purpose of determining whether to grant a licence, including a determination as to whether a practitioner has the necessary knowledge of English, the Registrar may—

(a) by notice to the practitioner, request that the practitioner—

(i) provide further evidence or information,

(ii) undertake, at the practitioner’s own cost, an assessment designed to evaluate the practitioner’s knowledge of English;

(b) carry out other investigations.]

(6) Subsections (5) to (8) of section 29E (evidence) M9 apply to the provision of evidence or information under paragraph (5) as they apply to the supply of information or the production of documents under subsections (3) and (4) of section 29E.

(7) Where, pursuant to section 35C(8) (functions of the Investigation Committee) M10 , a referral has been made to an Interim Orders Panel or a Fitness to Practise Panel to consider making an interim order under section 41A (interim orders) M11 in relation to the applicant, the Registrar may decide to take no further action in relation to the application until the decision of the panel and the outcome of any application to the relevant court under section 41A(10), is known.

[F8 (8) The Registrar may refuse to grant a licence if the Registrar considers that—

(a) without reasonable excuse, the practitioner has—

(i) failed to satisfy the requirements of paragraph (3),

(ii) failed to provide any evidence or information requested by the Registrar under paragraph (5)(a)(i),

(iii) failed to undertake an assessment requested by the Registrar under paragraph (5)(a)(ii), or

(b) having taken account of any evidence as to the practitioner’s knowledge of English, a practitioner falling within paragraph (1) or applying for a licence under paragraph (2) has failed to demonstrate the necessary knowledge of English.]

(9) Save where the application is refused under paragraph (8) or where any circumstances apply which would require a licence to be withdrawn, the Registrar must grant an application and give the practitioner notice that the application has been granted.

Textual Amendments

F1 Words in Sch. reg. 3(1) inserted (25.6.2014) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2014 (S.I. 2014/1273), reg. 1, Sch. reg. 2(2)(a) (with Sch. reg. 3)

F2 Words in Sch. reg. 3(1) substituted (1.8.2015) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2015 (S.I. 2015/1375), reg. 1, Sch. reg. 2(3)(a) (with Sch. reg. 3)

F3 Words in Sch. reg. 3(1)(a) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 60 (with reg. 12A, Sch. 1 Pt. 2) (as amended by S.I. 2020/1394, regs. 1(2), 4, 9); 2020 c. 1, Sch. 5 para. 1(1)

F4 Sch. regs. 3(1A)(1B) inserted (25.6.2014) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2014 (S.I. 2014/1273), reg. 1, Sch. reg. 2(2)(b) (with Sch. reg. 3)

F5 Sch. reg. 3(1C) inserted (1.8.2015) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2015 (S.I. 2015/1375), reg. 1, Sch. reg. 2(3)(b) (with Sch. reg. 3)

F6 Sch. reg. 3(3)(da) inserted (1.8.2015) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2015 (S.I. 2015/1375), reg. 1, Sch. reg. 2(3)(c) (with Sch. reg. 3)

F7 Sch. reg. 3(5) substituted (25.6.2014) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2014 (S.I. 2014/1273), reg. 1, Sch. reg. 2(2)(c) (with Sch. reg. 3)

F8 Sch. reg. 3(8) substituted (25.6.2014) by The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2014 (S.I. 2014/1273), reg. 1, Sch. reg. 2(2)(d) (with Sch. reg. 3)

Marginal Citations

M1 Section 18A was inserted by S.I. 2008/1774.

M2 Section 27A was inserted by S.I. 2006/1914.

M3 Section 27B was inserted by S.I. 2006/1914.

M4 Section 31(8) was amended by S.I. 2002/3135, S.I. 2006/1914 and S.I. 2010/234.

M5 Section 31A was inserted by section 2 of the Medical (Professional Performance) Act 1995 (c. 51) and amended by S.I. 2002/3135 and S.I 2010/234.

M6 Section 41 was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.

M7 Scheduled to S.I. 2009/2739.

M8 Section 35D was inserted by S.I. 2002/3135.

M9 Section 29E was inserted by S.I. 2002/3135 and amended by S.I. 2006/1914 and S.I. 2008/3131.

M10 Section 35C was inserted by S.I. 2002/3135 and amended by S.I. 2006/1914, S.I. 2008/1774, S.I. 2008/3131 and section 81 of the Policing and Crime Act 2009 (c. 26).

M11 Section 41A was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.