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

Grant or refusal of a licence

3.—(1) 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 18 (visiting medical practitioners from relevant European States)(1), 18A (temporary registration with regard to emergencies)(2), 27A (temporary registration with regard to emergencies)(3) or 27B (special purpose registration)(4);

(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)(5), or

(ii) subsection (1)(c) of section 31A (voluntary removal from the register)(6);

(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)(7), where the practitioner’s name had, before the coming into force of the General Medical Council (Licence to Practise) Regulations 2009(8), been erased from the register pursuant to section 35D (functions of a Fitness to Practise Panel)(9); 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.

(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;

(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.

(5) Where in the Registrar’s opinion it is reasonable to do so for the purpose of determining whether to grant an application, the Registrar may—

(a) by notice to the practitioner, request that the practitioner provide further evidence or information; and

(b) carry out other investigations.

(6) Subsections (5) to (8) of section 29E (evidence)(10) 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)(11), 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)(12) 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.

(8) The Registrar may refuse an application if the Registrar considers that, without reasonable excuse, the practitioner has—

(a) failed to satisfy the requirements of paragraph (3); or

(b) failed to provide any evidence or information requested by the Registrar under paragraph (5).

(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.

(1)

Section 18 was substituted by S.I. 2007/3101.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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.

(7)

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

(8)

Scheduled to S.I. 2009/2739.

(9)

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

(10)

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

(11)

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).

(12)

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