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Part IVE+W+S+N.I. General Provisions Concerning Registration

30 The registers.E+W+S+N.I.

(1)The register of medical practitioners shall [F1include]F1

(a)in the principal list the names of persons entitled to be registered under [F2section 3, 15 or 15A] above, or directed to be registered under [F3section 19, 21, 21A or 25 above;F3]

(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the visiting overseas doctors list the names of persons from time to time directed to be registered under section 27 above; and

(d)in the visiting [F5EEA practitioners] list the names of persons entitled to be registered from time to time under section 18 above.

(2)The register of medical practitioners with limited registration shall [F6include]F6 the names of persons granted limited registration under section 22 above.

(3)Each register shall also [F6include]F6 the addresses and dates of registration of the persons registered in it, such of their qualifications as they are entitled to have registered under section 16 or 26 above and such other particulars (if any) of those persons as may be prescribed for that register.

(4)It shall be the duty of the Registrar to keep the registers correct in accordance with the provisions of this Act and regulations made by the General Council, to erase the names of persons who have died, and from time to time to make the necessary alterations in the addresses, qualifications and other registered particulars of registered persons.

(5)The Registrar may, by letter addressed to any person registered in either register at his address on the register, inquire whether he has changed his address and, if no answer is received to the inquiry within six months from the posting of the letter, may erase from the register the entry relating to that person.

(6)On registering the death of a person registered in either register, a registrar of births and deaths shall, without charge to the Registrar, send forthwith by post to the Registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

(7)In this section “prescribed” means prescribed by regulations made under section 31 below.

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Amendments (Textual)

F1Word in s. 30(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(a)(i) (with transitional provisions in Sch. 2)

F2Words in s. 30(1)(a)(b) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(2)

F3Words in s. 30(1)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(a)(ii) (with transitional provisions in Sch. 2)

F4S. 30(1)(b) omitted by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(2)(a)(iii) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F5Words in s. 30(1)(d) substituted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 7

F6Words in s. 30(2)(3) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(b) (with transitional provisions in Sch. 2)

31 Power to make regulations with respect to the registers.E+W+S+N.I.

(1)Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of the registers and the making of entries, alterations and corrections in them.

(2)Regulations under this section may provide for the registers to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if either register is not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

(3)Different regulations may be made under this section by virtue of subsection (1) or (2) above in relation to the register of medical practitioners and the register of medical practitioners with limited registration.

(4)Regulations under this section shall provide for the marking of the register of medical practitioners so as to distinguish those provisionally registered under section 15 [F7or 15A] above and those provisionally registered under section 21 above.

(5)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Regulations under this section may make provision with respect to the restoration to the registers or a particular list in the register of medical practitioners in which he was registered of the name of any person whose name has been erased from it by virtue of section 30(5) above or of any regulations made in pursuance of F9... section 32(2) below.

(9)Regulations under this section made by virtue of subsection (8) above may include provision—

(a)for authorising the Registrar, notwithstanding anything in this Act, to refuse to restore to the register or a particular list in it the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and good character as may be prescribed; and

[F10(b)for securing that, in such circumstances as may be prescribed, such a person’s name is not so restored unless—

(i)the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit,

(ii)the practitioner’s licence to practise is restored in accordance with the regulations, or

(iii)both (i) and (ii) are met.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F10(10)Regulations made in pursuance of subsection F12... (8) or (9) above shall not have effect until approved by order of the Privy Council.

(11)In this section “prescribed” means prescribed by regulations under this section.

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Amendments (Textual)

F7Words in s. 31(4) inserted (4.12.2000) by S.I. 2000/3041, reg. 4(3)

F8S. 31(5)-(7) omitted by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(3)(a) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F9Words in s. 31(8) omitted by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(3)(b) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F10S. 31(9)(b) substituted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 12(2) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F11Words in s. 31(9) omitted by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(3)(c) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

F12Words in s. 31(10) omitted by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(3)(d) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

[F1331A Voluntary removal from the register.E+W+S+N.I.

(1)The General Council may make regulations—

(a)providing for the erasure by the Registrar from the register of medical practitioners of the name of any person who applies, in the manner prescribed by the regulations, for his name to be erased from the register;

(b)providing for the refusal by the Registrar of applications under paragraph (a) above in such cases and circumstances as may be prescribed by the regulations;

(c)making provision (including provision requiring the approval of the General Council or of one of the statutory committees) for the restoration to the register of the name of any person whose name has been erased in accordance with regulations made in pursuance of paragraph (a) above.

[F14(1A)Regulations under subsection (1)(c) above shall provide that, in such circumstances as may be prescribed, a person’s name is not to be restored to the register unless—

(a)the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit;

(b)the practitioner’s licence to practise is restored in accordance with the regulations; or

(c)both (a) and (b) are met.

(1B)In subsection (1A) above, “prescribed” means prescribed under regulations made under subsection (1) above.]

F14(2)Regulations under this section shall not have effect until approved by order of the Privy Council.]

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Amendments (Textual)

F13S. 31A inserted (18.5.2000) by 1995 c. 51, s. 2; S.I. 2000/1344, art. 2

F14S. 31A(1A)(1B) inserted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 12(3) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

32 Registration fees.E+W+S+N.I.

(1)Subject to the provisions of this Act, the General Council may make regulations with respect to the charging of fees in connection with the making of entries in the register of medical practitioners, and in particular—

(a)prescribing a fee to be charged on the entry of a name or qualification in the register or on the restoration of any entry to the register;

(b)prescribing a fee to be charged in respect of the retention in the register of the name of a person in any year subsequent to the year beginning with the date on which he was first registered;

(c)authorising the Registrar, notwithstanding anything in this Act, to refuse to make any entry in, or restore any entry to, the register or a particular list in it until a fee prescribed by regulations under this section has been paid.

(2)Regulations under this section may authorise the Registrar to erase from the register of medical practitioners the name of—

(a)any person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed in pursuance of subsection (1)(b) above; F15. . .

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If a person whose name has been erased from the register in accordance with regulations made in pursuance of subsection (2) above at any time pays—

(a)such sum (if any) as may be prescribed for the purposes of this subsection by regulations under this section; and

(b)the fee (if any) which, if his name had not been so erased, would be due from him in respect of the current year,

his name shall be restored to the register.

(4)Regulations under this section shall not provide for any fee to be chargeable in respect of anything done in pursuance of a direction under section 41 below.

(5)No fee shall be charged in relation to registration as a visiting [F16EEA practitioner] and accordingly this section shall not apply in relation thereto.

(6)Where on an application in that behalf by any person a direction is given—

(a)that he be registered with limited registration under section 22 above; or

(b)for his name to be erased from the register of medical practitioners with limited registration by virtue of section 24(1) above,

the General Council may include therein a direction that the right to registration or erasure conferred thereby shall be subject to the payment by him of such fee as may be specified in the direction.

(7)Regulations under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

(8)Regulations under this section shall not have effect until approved by order of the Privy Council.

(9)For the avoidance of doubt it is hereby declared that in this section “entry” includes an entry by way of alteration of a previous entry.

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Amendments (Textual)

F15S. 32(2)(b) and preceding word repealed (18.5.2000) by 1995 c. 51, ss. 4, Sch. para. 3; S.I. 2000/1344, art. 2

F16Words in s. 32(5) substituted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 8

33 Supplementary provisions about registration.E+W+S+N.I.

Schedule 3 to this Act (which contains supplementary provisions about registration) shall have effect.

[F1734 The RegisterE+W+S+N.I.

(1)The Registrar shall cause to be published from time to time (electronically or otherwise) a list of all persons who, on a date specified by him at the time of publication, appear in—

(a)the register of medical practitioners; or

(b)the register of medical practitioners with limited registration.

(2)The list published in accordance with subsection (1) above shall include in respect of each practitioner—

(a)information about his registered qualifications;

(b)a statement about whether or not he holds a licence to practise; and

(c)such other particulars (if any) as the General Council may direct in relation to that list.F17]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17S. 34 substituted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(4) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

[F1834A Proof of registrationE+W+S+N.I.

(1)The Registrar may issue a certificate that a person—

(a)is registered;

(b)is not registered;

(c)was registered at a specified date or during a specified period;

(d)was not registered at a specified date or during a specified period;

(e)has never been registered;

(f)holds a licence to practise;

(g)does not hold a licence to practise;

(h)held a licence to practise at a specified date or during a specified period;

(i)did not hold a licence to practise at a specified date or during a specified period; or

(j)has never held a licence to practise.

(2)A certificate issued under subsection (1) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F18S. 34A inserted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 7(5) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

[F1934B Registration appealsE+W+S+N.I.

Schedule 3A to this Act (which makes provision about appeals against registration decisions) shall have effect.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F19S. 34B inserted by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 8(1) (with transitional provisions in Sch. 2) (the amendment coming into force in accordance with art. 1(2)(3) of the amending S.I.)

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