Medical Act 1983

Part IV U.K. General Provisions Concerning Registration

30 The registers. U.K.

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

(a) in the principal list the names of persons entitled to be registered under [F2 section [F3 3, 14A, 15, 15A or 19A]] above, or directed to be registered under [F4 section 19, 21, [F5 21B or 21C] above;]

[F6 (aa) in the emergency powers doctors list, the names of persons from time to time registered under section 18A;]

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in the visiting overseas doctors list the names of persons from time to time directed to be registered under [F8 section 27A or 27B] above; and

[F9 (d) in the list of visiting medical practitioners from relevant European States, the names of persons entitled to be registered under Schedule 2A.]

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (3) [F12 The register] shall also include, in respect of each of the persons entered in it, a statement of the following—

(a) the person’s address;

(b) the person’s date of registration;

(c) whether the person holds a licence to practise or not;

(d) any qualifications which the person is entitled to have registered under section 16 or 26 above; and

(e) any other particulars prescribed in the case of a person entered in F13 [F14 the register].]

(4) It shall be the duty of the Registrar to keep [F15 the register] 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, [F16 or who have been provisionally registered for longer than the period prescribed in respect of them,] 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 [F17 the 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 [F18 the 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.

Textual Amendments

F1 Word 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)

F2 Words in s. 30(1)(a)(b) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(2)

F3 Words in s. 30(1)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 19(a)

F4 Words 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)

F5 Words in s. 30(1)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 38(a)

F6 S. 30(1)(aa) inserted (9.7.2008) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(2)(b), Sch. 1 para. 11

F7 S. 30(1)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(2)(a)(iii) (with Sch. 2)

F8 Words in s. 30(1)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 38(b)

F9 S. 30(1)(d) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 19(b)

F10 S. 30(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(a)

F11 S. 30(3) substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(1) (with Sch. 2)

F12 Words in s. 30(3) substituted (19.7.2006 for specified purposes, 16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(i)

F13 Words in s. 30(3)(e) substituted (19.7.2006, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(ii)

F14 Words in s. 30(3)(e) substituted (19.7.2006 for specified purposes, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(ii)

F15 Words in s. 30(4) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(c)

F16 Words in s. 30(4) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 29

F17 Words in s. 30(5) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(d)

F18 Words in s. 30(6) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(e)

Modifications etc. (not altering text)

C1 S. 30(3) modified (temp.) (19.10.2007) by The Medical Act 1983 Amendments (Further Transitional Provisions) Order of Council 2007 (S.I. 2007/2796), arts. 1(1), 2

[F19 30A. The register: emergency powers doctors list U.K.

(1) Notwithstanding any other provision of this Act, the Registrar is not under an obligation to make any entry in the register in respect of any person registered by virtue of section 18A(1)(b) until the Registrar has been able to ascertain the person’s name and address.

(2) The Registrar may make available information identifying any group of persons registered by virtue of section 18A(1)(b) in such manner as the Registrar sees fit.]

Textual Amendments

F19 S. 30A inserted (9.7.2008) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(2)(b), Sch. 1 para. 12

31 Power to make regulations with respect to the registers. U.K.

(1) Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of [F20 the register] and the making of entries, alterations and corrections [F21 in it].

(2) Regulations under this section may provide for [F22 the register] to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if [F23 the register] is not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

F24 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F25 or 15A] above and those provisionally registered under section 21 [F26 or 21C] above.

[F27 (4A) Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for—

(a) different maximum periods for which different classes of persons may be provisionally registered; and

(b) the maximum period not to apply to specified classes of persons.]

F28 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Regulations under this section may make provision with respect to the restoration to [F29 the register] 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 F30 ... 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 F31 ... the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and [F32 fitness to practise] as may be prescribed; and

[F33 (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.]

F34 ...

(10) Regulations made in pursuance of [F35 subsection (4A), (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.

Textual Amendments

F20 Words in s. 31(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(a)(i)

F21 Words in s. 31(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(a)(ii)

F22 Words in s. 31(2) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(b)(i)

F23 Words in s. 31(2) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(b)(ii)

F24 S. 31(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(c)

F25 Words in s. 31(4) inserted (4.12.2000) by S.I. 2000/3041, reg. 4(3)

F26 Words in s. 31(4) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 39

F27 S. 31(4A) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(a)

F28 S. 31(5)-(7) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(a) (with Sch. 2)

F29 Words in s. 31(8) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(d)

F30 Words in s. 31(8) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(b) (with Sch. 2)

F31 Words in s. 31(9)(a) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(e)

F32 Words in s. 31(9)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 48

F33 S. 31(9)(b) substituted (30.5.2003, 1.7.2003 in so far as not already in force as notified in the London Gazette dated 1.7.2003) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(2) (with Sch. 2)

F34 Words in s. 31(9) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(c) (with Sch. 2)

F35 Words in s. 31(10) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(b)

[F36 31A Voluntary removal from the register. U.K.

(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.

[F37 (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.]

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

Textual Amendments

F36 S. 31A inserted (18.5.2000) by 1995 c. 51, s. 2; S.I. 2000/1344, art. 2

F37 S. 31A(1A)(1B) inserted (7.7.2004 as notified in the London Gazette dated 2.7.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(3) (with Sch. 2)

32 Registration fees. U.K.

(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 F38 ...;

(c) authorising the Registrar, notwithstanding anything in this Act, to refuse to make any entry in, or restore any entry to, the register F39 ... 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; F40 . . .

F40 (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 [F41 in the emergency powers doctors list or] [F42 in the list of visiting medical practitioners from relevant European States] and accordingly this section shall not apply in relation thereto.

F43 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F44 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F38 Words in s. 32(1)(b) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(a)(i)

F39 Words in s. 32(1)(c) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(a)(ii)

F40 S. 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

F41 Words in s. 32(5) inserted (9.7.2008) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(2)(b), Sch. 1 para. 13

F42 Words in s. 32(5) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 20

F43 S. 32(6) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 10

F44 S. 32(8) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(b)

33 Supplementary provisions about registration. U.K.

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

[F45 34 [F46 Publication of the register] U.K.

(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, [F47 appear in the register].

(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.]

Textual Amendments

F45 S. 34 substituted (1.7.2003 except in so far as it relates to sub-section (2)(b) as notified in the London Gazette dated 1.7.2003, 16.11.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 7(4) (with Sch. 2)

F46 S. 34 heading substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 11(2)

F47 Words in s. 34(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 11(1)

[F48 34A Proof of registration U.K.

(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.]

Textual Amendments

F48 S. 34A inserted (1.7.2003 for specified purposes as notified in the London Gazette dated 1.7.2003, 16.11.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(5) (with Sch. 2)

[F49 34B Registration appeals U.K.

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

Textual Amendments

F49 S. 34B inserted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 8(1) (with Sch. 2)