The General Medical Council (Licence to Practise) Regulations Order of Council 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves the Regulations made by the General Medical Council on 10th September 2009 under their powers under the Medical Act 1983 (“the Act”) in relation to the licensing of medical practitioners. The Regulations come into force on 16th November 2009, with exceptions described in regulation 1(2). (These exceptions relate to the requirements in the Act for medical practitioners to have adequate and appropriate indemnity arrangements, as those provisions are not yet in force.)

Regulation 2 makes provision for the grant or refusal of a licence. Medical practitioners whose names appear on the register will automatically be granted a licence unless they have informed the Registrar otherwise before the coming into force of these Regulations, and those practitioners who are registered after that date will automatically be granted a licence. Provision is also made for the grant of a licence to practitioners whose registration is not current at the date of coming into force, but which is restored after that date; and for any doctor holding registration without a licence to apply for one in accordance with the administrative provisions set out in the regulation.

Regulation 3 provides for the withdrawal of a licence where the medical practitioner so requests, and where the Registrar is satisfied that it was fraudulently or otherwise incorrectly obtained. It also provides for withdrawal of a licence in cases of administrative breach in connection with the licensing requirements, and in cases where the practitioner’s registration is suspended or comes to an end other than upon a determination by a Fitness to Practise Panel or the imposition of an interim Order by an Interim Orders Panel. It sets out procedural requirements which apply in certain cases before the licence can be withdrawn.

Regulation 4 provides for the restoration of a licence after withdrawal under regulation 3(1) or (2), setting out a procedure. Under regulation 4(2), where the Registrar considers the fitness to practise of a practitioner applying for restoration of a licence may be impaired, the question may be referred for investigation. In that case, regulation 4(3) provides that the Registrar may decide not to take further action in relation to the application pending the matter’s being referred back to the Registrar or considered by an Interim Orders Panel or a Fitness to Practise Panel.

Regulation 5 gives the Registrar power to refer to a Registration Panel any question arising in relation to the grant, withdrawal or restoration of a licence, and to take the Panel’s advice into account in reaching any decision.

Regulation 6 provides for the restoration of a licence for the purposes of section 41(7) following the determination of a Fitness to Practise Panel that a practitioner’s name should be restored to the register.