The General Medical Council (Voluntary Erasure and Restoration) Regulations Order of Council 2000

Investigations in certain cases before restoration of name to register

4.—(1) In any case where—

(a) an application under regulation 3 is made by a person for restoration of his name to the register, and

(b) information in writing is or has been received by the Registrar (whether before or after the application has been made or before or after the applicant’s name was erased) from which it appears to him that it is appropriate for further consideration to be given to the application,

the Registrar shall take the action described in the following paragraphs.

(2) The Registrar shall send to the applicant a copy of the information and invite the applicant to submit in writing within 28 days any observations.

(3) On receipt of the applicant’s observations, or at the end of a period of 28 days whichever is the earlier, the Registrar shall refer the question whether the applicant’s name should be restored to the register to the professional conduct screeners, the health screener or the professional performance screeners, as he considers appropriate, and shall send to the screeners copies of the information received and the applicant’s written observations, if any.

(4) Each screener to whom an application has been referred shall consider the application and may if he considers it appropriate, request additional information to be obtained from the applicant or elsewhere.

(5) After considering the application, each screener to whom it has been referred shall advise the Registrar whether or not in the screener’s opinion there is any reason why it should not be approved.

(6) After receiving the advice of each screener in relation to the application, the Registrar shall, unless paragraph (7) applies, restore the applicant’s name to the register, and notify him in writing forthwith that his name has been restored to the register.

(7) Where any screener advises that the application should not be granted without further investigation, the Registrar shall give notice to the applicant in writing—

(a) stating that, as the case may be, one or both of the professional conduct screeners or professional performance screeners or the health screener have advised that the application should not be approved without further investigation;

(b) asking if the applicant wishes to withdraw his application and if so to notify the Registrar to that effect within such time as may be specified in the notice, being a period of not less than 28 days beginning on the date on which the notice is given,

(c) stating that, if not withdrawn, his application will be referred to the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, as the Registrar considers appropriate, for further consideration, and

(d) stating the grounds on which the reference is to be made.

(8) In a case falling within paragraph (7) above, if the applicant does not withdraw his application within the time specified in the notice under paragraph (7)(b), the Registrar shall refer the question whether the applicant’s name should be restored to the register to the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee, as the Registrar considers appropriate.

(9) Where the Committee in question decide to approve the application, the Registrar shall restore the applicant’s name to the register forthwith.

(10) In considering any application referred to them under this regulation, the Committee in question may take account of any matter relevant to the application whether it occurred before or after these Regulations came into force.