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

Revalidation U.K.

6.—(1) The Registrar must give each licensed practitioner, other than an excepted practitioner listed in paragraph (2), a notice specifying a submission date (“notice of a submission date”) for the purposes of the revalidation of the practitioner—

(a) once in every five year period following the grant of a licence to the practitioner; or

(b) on any other occasion that the Registrar sees fit.

(2) An excepted practitioner is a practitioner who—

(a) is registered under section F1 ... 18A (temporary registration with regard to emergencies) or 27A (temporary registration for visiting eminent specialists); or

(b) is subject to proceedings relating to whether the practitioner's fitness to practise is impaired and the Registrar does not consider that it is possible to evaluate the practitioner's fitness to practise while the practitioner is subject to those proceedings.

(3) The notice of a submission date must—

(a) be given to the practitioner at least 3 months before the submission date, unless the practitioner agrees to a shorter period; and

(b) where paragraph (1)(b) applies, give the Registrar's reasons.

(4) A practitioner who has been given notice of a submission date must, by that date, provide any evidence or information to the Registrar relating to the revalidation of the practitioner required by guidance published by the General Council under section 29G (guidance).

(5) A practitioner who has a responsible officer and has been given notice of a submission date, must take reasonable steps to arrange for that responsible officer to produce a statement to the Registrar, on or before that date, as to whether the responsible officer—

(a) recommends that the practitioner is fit to practise;

(b) cannot recommend that the practitioner is fit to practise; or

(c) requires more time in which to make a recommendation,

and in each case the responsible officer must give reasons.

(6) A practitioner who does not have a responsible officer and has been given notice of a submission date may arrange for a suitable person to produce to the Registrar, on or before that date, a statement prepared by the suitable person as to whether that person—

(a) recommends that the practitioner is fit to practise;

(b) cannot recommend that the practitioner is fit to practise; or

(c) requires more time in which to make a recommendation,

and in each case the suitable person must give reasons.

(7) In paragraph (6), a “suitable person” means a registered medical practitioner approved by the Registrar as suitable to prepare a statement in respect of the practitioner in question under that paragraph who—

(a) has been appointed or nominated by a designated body under Part 2 of the Medical Profession (Responsible Officers) Regulations 2010 M1 or Part 2 of the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010 M2 and does not have a prescribed connection with the practitioner under those Regulations; or

(b) holds a post within a body, whether or not it is a designated body under those Regulations, which includes responsibilities which the Registrar is satisfied are similar in nature to those of a responsible officer.

(8) Where the Registrar has given notice of a submission date to a practitioner who does not have a responsible officer and in respect of whom no suitable person has been approved to prepare a statement under paragraph (6), if it appears to the Registrar to be reasonable to do so the Registrar may by notice to the practitioner request that the practitioner undergo, at the practitioner's own cost, an assessment [F2 (which may include an assessment of the practitioner’s knowledge of English)] —

(a) designed to evaluate the practitioner's fitness to practise;

(b) which is—

(i) conducted by the General Council, or

(ii) accepted by the Registrar as suitable for the purpose.

(9) The Registrar may by notice to a practitioner, require the practitioner to supply to the Registrar within 28 days of the date the notice is given to the practitioner—

(a) specified information about the practitioner's prospective, current or past employment as a medical practitioner which, in the Registrar's opinion will assist in determining when and how to revalidate the practitioner;

(b) confirmation as to whether the practitioner has a responsible officer and, if the practitioner does have a responsible officer, the name and contact details of—

(i) the designated body with which the practitioner has a prescribed connection in accordance with the Medical Profession (Responsible Officers) Regulations 2010 or the Medical Profession (Responsible Officers) Regulations (Northern Ireland) 2010, and

(ii) the practitioner's responsible officer.

(10) The Registrar may, after considering any evidence or information provided for the purposes of the revalidation of a practitioner, give a notice to the practitioner requesting the practitioner to provide, within 28 days of the date the notice is given to the practitioner, further evidence or information where, in the opinion of the Registrar, it is reasonable to do so for the purposes of the revalidation of the practitioner.

(11) The evidence or information specified in paragraph (10) may include evidence demonstrating that the practitioner has participated in a scheme of appraisal which satisfies the requirements of guidance published by the General Council under section 29G (guidance).

(12) Subsections (5) to (8) of section 29E (evidence) apply to the provision of evidence or information under paragraph (10) as they apply to the supply of information or the production of documents under subsections (3) and (4) of section 29E.

(13) Where a practitioner is unable to comply fully with a notice under paragraphs (9) or (10), the practitioner must, within the time specified in the paragraph in question, provide written representations as to why the practitioner is unable to provide the evidence or information required or requested.

(14) The Registrar may require a practitioner to pay a fee representing the cost to the General Council of evaluating any information submitted in accordance with paragraph (4) or (10).

(15) At any time after notice of a submission date has been given to a practitioner, if it appears to the Registrar to be reasonable to do so in the circumstances the Registrar may—

(a) if the submission date has not already passed, cancel the submission date; or

(b) if the submission date has passed, defer taking any further steps in relation to the revalidation of the practitioner until such time as the Registrar considers to be reasonable.

(16) The Registrar must confirm the cancellation of a submission date or the deferral of further steps by the Registrar in relation to the revalidation of a practitioner under paragraph (15) by notice to the practitioner, giving reasons.

(17) At any time after the cancellation of a submission date or the deferral of further steps by the Registrar in relation to the revalidation of a practitioner under paragraph (15), the Registrar may—

(a) give notice of a new submission date to the practitioner under paragraph (1); and

(b) give a notice under paragraph (10) whether or not the Registrar has considered any evidence or information provided for the purposes of the revalidation of the practitioner.

(18) Save where the practitioner's licence is withdrawn under section 41C (effect of directions or orders on a licence to practise) M3 or regulation 4, following the revalidation of a licensed practitioner the Registrar must confirm by notice to the practitioner that the practitioner may continue to hold a licence to practice.

(19) Where it comes to the attention of the Registrar that the wrong decision has been reached due to an administrative error in handling the revalidation of the practitioner, the Registrar may correct the error and give the practitioner notice of the corrected decision.

Textual Amendments

F1 Words in Sch. reg. 6(2)(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. 62 (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)

F2 Words in Sch. reg. 6(8) 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(3)

Marginal Citations

M1 S.I. 2010/2841, which was amended by S.I. 2011/2581 and S.I. 2012/476.

M2 S.R.(N.I.) 2010 No. 222.

M3 Section 41C was inserted by S.I. 2002/3135.