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4.—(1) A person does not have the clinical expertise described in regulation 2(2) or regulation 3(2) unless that person—
(a)is or was registered as a member of the relevant profession; and
(b)is not a person to whom paragraph (2) applies.
(2) This paragraph applies to a person who—
(a)has at any time been subject to any investigation or proceedings concerning the person’s fitness to practise by any licensing body, the final outcome of which was—
(i)the person’s suspension from a register held by the licensing body, and that suspension has not been terminated;
(ii)the erasure of the person’s name from a register held by the licensing body, and the person has not subsequently been restored to the register;
(iii)a decision that had the effect of preventing the person from practising the profession licensed or regulated by the licensing body and the person is still prevented from practising; or
(iv)a decision that had the effect of only allowing the person to practise that profession subject to conditions, and those conditions have not been lifted; or
(b)has at any time been subject to any investigation or proceedings relating to an allegation that the person’s entry in a register held by a licensing body was fraudulently procured, the final outcome of which was the erasure of the person’s name from that register,
and in this paragraph “licensing body” means any body anywhere in the world that licenses or regulates any profession which, if carried out in England, would be a regulated profession.
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