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

Withdrawal of a licence

4.—(1) The licence of a registered practitioner must be withdrawn by the Registrar where—

(a) the practitioner requests withdrawal of that licence;

(b) it is established to the satisfaction of the Registrar that the licence was fraudulently procured or otherwise incorrectly granted; or

(c) paragraph (2) applies.

(2) This paragraph applies where a registered practitioner’s—

(a) name is erased from the register pursuant to subsection (4) or (5) of section 30 (the registers)(1);

(b) name is erased from the register pursuant to section 39 (fraud or error in relation to registration)(2);

(c) name is removed from the register pursuant to subsection (3) of section 44 (effect of disqualification in another relevant European State on registration in the United Kingdom)(3);

(d) name is erased from the register pursuant to subsection (1) or (4) of section 44B (provision of information in respect of fitness to practise matters)(4);

(e) name is erased from the register pursuant to regulations made under section 31A (voluntary removal from the register) or section 32(2) (registration fees)(5);

(f) name is erased from the list of visiting medical practitioners from relevant European States pursuant to paragraph 3(4) of Schedule 2A (visiting medical practitioners from relevant European states)(6);

(g) registration under section 18A (temporary registration with regard to emergencies involving loss of human life or human illness etc.) is revoked; or

(h) registration under section 27A (temporary registration for visiting eminent specialists) or section 27B (special purpose registration) ceases to have effect.

(3) The licence of a registered practitioner may be withdrawn by the Registrar where it is established to the satisfaction of the Registrar that the practitioner has—

(a) failed, without reasonable excuse, to comply with any requirement of guidance published by the General Council under section 29G (guidance)(7) (including any requirement to participate in a scheme of appraisal which meets the requirements set out in that guidance);

(b) failed, without reasonable excuse, to provide any evidence or information to the Registrar in accordance with regulation 6(4);

(c) failed, without reasonable excuse, to undergo an assessment requested by the Registrar in accordance with regulation 6(8);

(d) failed, without reasonable excuse, to provide any evidence or information required by the Registrar in accordance with regulation 6(9);

(e) failed, without reasonable excuse, to provide any evidence or information requested by the Registrar in accordance with regulation 6(10);

(f) fraudulently provided to the Registrar, in relation to any requirement of regulation 6 or any requirement or request of the Registrar under that regulation, any evidence or information which is false; or

(g) failed, without reasonable excuse, to pay any fee required in accordance with regulation 6(14).

(4) The licence of a registered practitioner must not be withdrawn under paragraph (1)(b) or (3) without the Registrar having first—

(a) given the practitioner notice—

(i) stating that the Registrar is minded to withdraw the licence,

(ii) stating on what grounds the Registrar is so minded to withdraw the licence,

(iii) inviting the practitioner to make written representations no later than 28 days from the date that the notice is given to the practitioner; and

(b) taken account of any representations made by the practitioner.

(5) Where a practitioner’s licence is withdrawn under paragraph (1) or (3), the Registrar may advise the practitioner of any evidence or information which the Registrar considers may be reasonable to request for the purposes of any restoration application.

(1)

Subsections (4) and (5) of section 30 were amended by S.I. 2006/1914 and S.I. 2010/234.

(2)

Section 39 was substituted by S.I. 2006/1914.

(3)

Section 44 was substituted by S.I. 2002/3135 and amended by S.I. 2007/3101.

(4)

Section 44B was inserted by S.I. 2006/1914 and amended by S.I. 2007/3101.

(5)

Subsection (2) of section 32 was amended by S.I. 2000/1344.

(6)

Schedule 2A was inserted by S.I. 2007/3101.

(7)

Section 29(G) was inserted by S.I. 2002/3135 and amended by S.I. 2008/3131 and S.I. 2010/234.