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Medical Act 1983

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Medical Act 1983 is up to date with all changes known to be in force on or before 25 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 1.

SCHEDULE 1U.K. The General Medical Council and its Committees, and the Branch Councils

[F1Part 1U.K.Constitution of the General Medical Council

Textual Amendments

Membership: generalU.K.

1A.(1)The General Council shall consist of—

(a)registrant members, that is members who—

(i)are fully registered or provisionally registered, and

(ii)hold licences to practise; and

(b)lay members, that is members who—

(i)are not and never have been provisionally registered or fully registered,

(ii)were at no time registered with limited registration under section 22 prior to its repeal, and

(iii)do not hold qualifications which would entitle them to apply for provisional or full registration under this Act.

(2)The members of the General Council shall be appointed by the Privy Council.

(3)The Privy Council shall ensure that, at any time, at least one member of the General Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 1 para. 1A(4) omitted (31.10.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 20 para. 6(a); S.I. 2012/1831, art. 2(3)

Modifications etc. (not altering text)

Matters for the order of the Privy Council under section 1(2)U.K.

1B.(1)An order under section 1(2) shall include provision with regard to—

(a)the numbers of registrant members and lay members of the General Council;

(b)the terms of office for which members of the General Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c)the grounds on which persons are to be disqualified from appointment as registrant or lay members of the General Council;

(d)the appointment of a chair of the General Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e)deputising arrangements in respect of the chair;

(f)the quorum of the General Council; and

(g)the circumstances in which members cease to hold office or may be removed or suspended from office.

(2)But an order under section 1(2) must not include any provision which would have the effect that a majority of the members of the General Council would be lay members.

(3)An order under section 1(2) may include provision with regard to—

(a)the maximum period for which a member of the General Council may hold office as a member during a specified period;

(b)the maximum period for which a member of the General Council may serve as chair of the General Council during a specified period;

(c)the education and training of members of the General Council, and the order may provide for the General Council to include the requirements with regard to education and training of their members in standing orders, and for those standing orders to provide for—

(i)that education and training to be the responsibility of another body, and

(ii)those requirements to be set and varied by that body from time to time;

(d)the attendance of members of the General Council at meetings of the General Council;

(e)the effect (if any) of any vacancy in the membership of the General Council or any defect in the appointment of a member; and

(f)enabling the Privy Council to appoint as the chair of the General Council, for a specified period, the person who held office as president of the General Council on the day before the first order of the Privy Council under section 1(2) comes into force.

(4)An order under section 1(2) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

Registration of members’ private interestsU.K.

1C.(1)The General Council must maintain a system for the declaration and registration of private interests of their members.

(2)The General Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.]

Part IIU.K. Incidental Powers and Duties and Proceedings of the General Medical Council

[F3Incidental powers and duties]U.K.

Textual Amendments

F3Italic heading immediately preceding Sch. 1 para. 9 substituted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(a) (with transitional provisions in Sch. 2)

9U.K.It shall be within the capacity of the General Council as a corporation to do such things and enter into such transactions as are in their opinion incidental or conducive to the performance of their functions under this Act, including the borrowing of money.

[F49A(1)In exercising their functions, the General Council shall—U.K.

(a)have proper regard for—

(i)the interests of persons using or needing the services of provisionally or fully registered medical practitioners in the United Kingdom, and

(ii)any differing interests of different categories of provisionally or fully registered medical practitioners;

(b)co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

(i)the employment (whether or not under a contract of service) of provisionally or fully registered medical practitioners,

(ii)the education or training of medical practitioners or other health care professionals,

(iii)the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

(iv)the regulation of health services, and

(v)the provision, supervision or management of health services.

(2)In carrying out its duty to co-operate under sub-paragraph (1)(b), the General Council shall have regard to any differing considerations relating to practising as a medical practitioner which apply in England, Scotland, Wales or Northern Ireland.

(3)In sub-paragraph (1), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, other than the General Council.]

Textual Amendments

9B(1)For the purposes of ensuring that registered medical practitioners and the public are informed about the General Council and the exercise by them of their functions, the Council shall publish or provide in such manner as they think fit information about the Council and the exercise of their functions.U.K.

(2)Nothing in sub-paragraph (1) above authorises or requires the publication or provision of information if the publication or provision of that information is—

(a)prohibited by any enactment or the [F5UK GDPR]; or

(b)would constitute or be punishable as a contempt of court.

(3)In sub-paragraph (2) above “enactment” includes—

(a)an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

(b)any provision of, or any instrument made under, Northern Ireland legislation.

F6(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

10U.K.For the purpose of enabling the General Council to compile or assist in the compilation of statistics relating to medical practice and practitioners the Council may from time to time issue to persons registered under this Act F7... requests for information on matters which in the opinion of the Council are relevant for that purpose.

Textual Amendments

11U.K.The General Council may provide facilities for testing the knowledge of English of applicants for registration under [F8section [F921B or 21C]] of this Act.

Textual Amendments

F8Words in Sch. 1 para. 11 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(3) (with transitional provisions in Sch. 2)

F9Words in Sch. 1 para. 11 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), art. 1(2)(b)(c)(3), 42

Proceedings of the General CouncilU.K.

F1012U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1113U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

14U.K.All acts of the General Council shall be decided by the votes of a majority of the members present at any meeting, and if the votes are equal the person who [F12chairs] the meeting shall, in addition to his vote as a member of the Council, have a casting vote.

Textual Amendments

15(1)The General Council may by standing order make provision with respect to the meetings and proceedings of and the discharge of their functions by the Council and any committees of the Council, with respect to the composition of committees of the Council and with respect to the functions of the officers of the Council.U.K.

[F13(1A)Standing orders of the General Council may make provision with regard to the provisional suspension of a member of the General Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2).]

(2)Any standing order made by the Council under this paragraph may be amended or revoked by a subsequent standing order.

(3)[F14Sub-paragraph (1)] does not apply in relation to the statutory committeesF15... F16...[F17, except in so far as is necessary for enabling standing orders to make provision with regard to the financial affairs of the MPTS or to make provision by virtue of paragraph 19F(9)(c).]

Textual Amendments

F16Words in Sch. 1 para. 15(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), art. 1(2)(b)(c)(3), 62(a)

Officers of the General CouncilU.K.

16[F18(1A)Standing orders of the General Council may make provision with regard to the appointment of a treasurer of the General Council.]U.K.

(3)The General Council shall appoint a person to be registrar of the Council and may appoint such deputy and assistant registrars of the Council as the Council think fit and where a deputy or assistant registrar is authorised by the Registrar to act for him in any matter, any reference in this Act to the Registrar [F19or in a direction or delegation to him under sub-paragraph (4) below,] shall include a reference to that deputy or assistant where the reference relates to that matter.

[F20(3A)A deputy or assistant registrar who is authorised in accordance with provision made by virtue of paragraph 19F(7) to act on behalf of the MPTS may not, while so authorised, act for the Registrar in any matter.]

[F21(4)Subject to paragraph 6 of Schedule 4 to this Act, the Registrar shall, in addition to the functions specifically mentioned in this Act, have such other functions as the General Council may think fit to direct him to perform or delegate to him (whether or not in rules or standing orders).]

Textual Amendments

F19Words in Sch. 1 para. 16(3) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(b)(ii) (with transitional provisions in Sch. 2)

F21Sch. 1 para. 16(4) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(b)(iii) (with transitional provisions in Sch. 2)

Financial provisionsU.K.

[F2217U.K.There shall be paid to the members of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow, including payments for duties undertaken as trustees of the Council.]

Textual Amendments

F22Sch. 1 para. 17 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(c) (with transitional provisions in Sch. 2)

18(1)Any fees or other sums payable by virtue of this Act in connection with registration under this Act shall be paid to the General Council, and any expenses of the Council shall be defrayed out of the sums received by the Council either on account of those fees and sums, or from the sale of registers, or otherwise.U.K.

(2)The General Council shall keep proper accounts of all sums received or paid by them, and proper records in relation to those accounts (including records of the evidence furnished by branch councils under paragraph 28 below), and their accounts for each financial year of the Council shall be audited by auditors appointed by the Council.

(3)No person shall be appointed auditor under this paragraph unless he is eligible for appointment as a [F23statutory auditor under Part 42 of the Companies Act 2006].

(4)As soon as may be after the accounts of the General Council have been audited, the Council shall cause them to be published and shall send a copy of them to the Privy Council together with a copy of any report of the auditors on them, and the Privy Council shall lay a copy of the accounts and of any report of the auditors on the accounts before each House of Parliament.

Textual Amendments

Part IIIU.K. Committees of the General Medical Council

F24...U.K.

Textual Amendments

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25...U.K.

Textual Amendments

F2519AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26Registration Panels] U.K.

Textual Amendments

F26Words in Sch. 1 para. 19B 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), art. 1(2)(b)(c)(3), 3(1)(b)

19BU.K.Subject to the power of the Panel under paragraph 25 below to co-opt members, a [F27Registration Panel] shall be constituted as provided by rules made under this paragraph by the General Council.

Textual Amendments

F27Words in Sch. 1 para. 19B 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), art. 1(2)(b)(c)(3), 3(2)(b)

Registration Appeals PanelsU.K.

19CU.K.Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Investigation CommitteeU.K.

19DU.K.Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council.

F25...U.K.

F2519EU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28Medical Practitioners Tribunal ServiceU.K.

Textual Amendments

19F.(1)The MPTS are to be constituted as provided by rules made under this paragraph by the General Council.U.K.

(2)Rules under this paragraph must secure that only persons who are not members of the General Council are to be members of the MPTS.

(3)Rules under this paragraph must include provision with regard to—

(a)the numbers of registrant members and lay members of the MPTS;

(b)(subject to sub-paragraph (6)) the appointment of members of the MPTS and the terms of office for which members are appointed, and the rules may provide that these are to be determined by whoever makes the appointment as member, on appointment;

(c)the grounds (in addition to that mentioned in sub-paragraph (2)) on which a person is to be disqualified from appointment as a registrant or lay member of the MPTS;

(d)(subject to sub-paragraph (6)) the appointment of a chair of the MPTS and the chair’s term of office, and the rules may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e)deputising arrangements in respect of the chair;

(f)the quorum at meetings of the MPTS;

(g)the circumstances in which a member of the MPTS ceases to hold office or may be removed or suspended from office.

(4)Provision by virtue of sub-paragraph (3)(a) must secure that the registrant members of the MPTS do not form a majority of the members.

(5)The chair of the MPTS is, by virtue of being appointed as such, an officer of the General Council.

(6)Where, immediately before the commencement of this paragraph, a committee of the General Council constituted under paragraph 25 have been carrying out functions relating to fitness to practise proceedings, the General Council—

(a)may appoint as the chair of the MPTS, for such period as the Council may determine, the person who, immediately before the commencement of this paragraph, was the chair of that committee, and

(b)may appoint as a member of the MPTS other than the chair, for such period as the Council may determine, a person who, immediately before the commencement of this paragraph, was a member of that committee.

(7)Rules under this paragraph may include provision for enabling the General Council to direct the MPTS to delegate to the chair of the MPTS, or to such other officer of the Council as the Council determine, such of the functions of the MPTS as the Council determine (and for enabling the MPTS so to delegate).

(8)Rules under this paragraph may include provision with regard to criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment as chair or as another member of the MPTS; and the rules may, in particular, require the General Council to set and publish those criteria.

(9)Rules under this paragraph may include provision with regard to—

(a)the maximum period for which a member of the MPTS may hold office during a specified period;

(b)the maximum period for which a member of the MPTS may serve as chair of the MPTS during a specified period;

(c)the education and training of members of the MPTS, and the rules may provide for the General Council to include the requirements with regard to education and training of members of the MPTS in standing orders, and for those standing orders to provide for—

(i)the education and training to be the responsibility of another body, and

(ii)those requirements to be set and varied by that body from time to time;

(d)the attendance of members of the MPTS at meetings of the MPTS;

(e)the effect (if any) of any vacancy in the membership of the MPTS or any defect in the appointment of a member.

(10)The MPTS must maintain a system for the declaration and registration of private interests of their members.

(11)The MPTS must publish in such manner as they see fit entries recorded in the register of members’ private interests.

(12)In this paragraph, “registrant member” and “lay member” each have the same meaning as in paragraph 1A.

(13)Rules under this paragraph may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the General Council to be necessary or expedient.]

[F29Medical Practitioners Tribunals and Interim Orders TribunalsU.K.

Textual Amendments

19G.(1)Medical Practitioners Tribunals and Interim Orders Tribunals are to be constituted as provided by rules made under this paragraph by the General Council.U.K.

(2)Rules under this paragraph must include provision with regard to—

(a)the appointment by the MPTS of persons to—

(i)a list of persons eligible to serve as the chair of a Medical Practitioners Tribunal or Interim Orders Tribunal;

(ii)a list of persons eligible to serve as a registrant member of either such Tribunal;

(iii)a list of persons eligible to serve as a lay member of either such Tribunal;

(b)the determination by the MPTS of the terms on which a person holds a position on a list referred to in paragraph (a) (a “panel list”) and of the grounds on which the MPTS may suspend or remove a person from holding a position on a panel list;

(c)the selection by the MPTS of persons who are on a panel list to serve as the chair and the other members of a Medical Practitioners Tribunal or Interim Orders Tribunal;

(d)the quorum for a Medical Practitioners Tribunal or Interim Orders Tribunal.

(3)A person appointed to a panel list within sub-paragraph (2)(a)(ii) or (iii) may also be appointed to a panel list within sub-paragraph (2)(a)(i).

(4)Rules under this paragraph must secure that—

(a)only a person who is not a member of the General Council, the Investigation Committee, a Registration Panel or a Registration Appeals Panel, or who is not an officer of the General Council, may be appointed to a panel list;

(b)a person who serves as a member of an Interim Orders Tribunal, or as a member of a Medical Practitioners Tribunal in arrangements made under section 41A(A1), may not serve as a member of a Medical Practitioners Tribunal in any subsequent proceedings in the case concerned.

(5)Rules under this paragraph may provide for a person to be appointed to a panel list either generally or only for particular proceedings or a particular class of proceedings.

(6)Rules under this paragraph must provide that a person appointed to a panel list holds and ceases to hold a position on the list in accordance with the terms of that person’s appointment.

(7)Rules under this paragraph may include provision with regard to criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment to a panel list or for selection to serve as the chair of a Medical Practitioners Tribunal or Interim Orders Tribunal; and the rules may, in particular, require the MPTS to set and publish those criteria.

(8)Rules under this paragraph may also make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the MPTS in connection with the exercise of functions conferred on the MPTS by virtue of sub-paragraph (2)(a) or (b).

(9)The MPTS must provide or arrange for the provision of—

(a)such training as they may determine for persons appointed to a panel list;

(b)such training as they may determine for persons whom they propose to appoint to a panel list.

(10)Rules under this paragraph may include provision with regard to the effect (if any) of any defect in the appointment of a person to a panel list or in the selection of a person to serve as the chair or another member of a Medical Practitioners Tribunal or an Interim Orders Tribunal.

(11)The MPTS must maintain a system for the declaration and registration of private interests of persons appointed to a panel list.

(12)The MPTS must publish in such manner as they see fit entries recorded in the register of appointees’ private interests.

(13)There are to be paid to persons appointed to a panel list such remuneration and such travelling, subsistence or other expenses as the General Council may allow.

(14)In this paragraph, “registrant member” and “lay member” each have the same meaning as in paragraph 1A.

(15)Rules under this paragraph may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the General Council to be necessary or expedient.]

SupplementaryU.K.

23U.K.Rules under [F30paragraph 19C] above shall secure that—

(a)only persons who are not members of the General Council shall be members of F31...a Registration Appeals PanelF31...

F32(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and

(c)a person who is a member of the Investigation Committee or a [F33Registration Panel] may not at the same time be a member of F31... a Registration Appeals PanelF31....

Textual Amendments

F33Words in Sch. 1 para. 23(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), art. 1(2)(b)(c)(3), 3(2)(b)

23BU.K.Rules under paragraph [F3419B, 19C or 19D] above may make provision as to quorum.

Textual Amendments

[F3523C.U.K.Rules under any of the paragraphs mentioned in paragraph 23B [F36or under paragraph 19F] may also make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the General Council in connection with the exercise of any function relating to the appointment of members or particular members of any of the panels or the committee to which those paragraphs relate, including any function relating to tenure of office or suspension or removal from office.]

Textual Amendments

[F3723D.U.K.The overriding objective of the General Council in exercising the power to make rules under paragraph 19F or 19G is to secure that Medical Practitioners Tribunals and Interim Orders Tribunals deal with cases fairly and justly] [F38; and where the General Council consider that there is a conflict between meeting the objective under this paragraph and the over-arching objective, they must give priority to meeting the objective under this paragraph.]

Textual Amendments

24U.K.Rules under paragraph [F3919B, 19C, 19D, 19F or 19G] above shall not come into force until approved by order of the Privy Council.

Textual Amendments

25(1)Without prejudice to the preceding provisions of this Part of this Schedule the General Council may constitute F40... one or more committees.U.K.

[F41(1A)Any committee of the General Council may consist of or include persons who are not members of the Council.]

[F42(2)[F43Subject to and in accordance with [F44paragraphs 19B, 19C, 19D, 19F, 19G and 23] above,] a Committee of the General Council may, if authorised to do so by the General Council, co-opt such persons (whether or not members of the Council) as the Committee think fit.]

(3)The General Council may delegate to any committee of the Council [F45(other than the MPTS or a Medical Practitioners Tribunal or Interim Orders Tribunal)] such of the Council’s functions as they think fitF46....

[F47(4)Except where rules made [F48under paragraph 19F(3)(f) or 19G(2)(d) or] by virtue of paragraph 23B above make provision as to quorum in the case of any of the statutory committees, the quorum of a committee of the General Council shall be such as the Council may from time to time determine.

(5)There shall be paid to the members of the committees of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow.]

Textual Amendments

F40Words in Sch. 1 para. 25(1) 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), 5(4)(a) (with Sch. 2)

F41Sch. 1 para. 25(1A) inserted (1.7.2003 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), 5(4)(b) (with Sch. 2)

F42Sch. 1 para. 25(2) substituted (3.8.2000) by S.I. 2000/1803, art. 15(f)

F43Words in Sch. 1 para. 25(2) 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), 5(4)(c) (with Sch. 2)

F47Sch. 1 para. 25(4)(5) substituted for Sch. 1 para. 25(4) (1.7.2003 in so far as it relates to new para. 25(5), as notified in the London Gazette dated 1.7.2003, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 5(4)(d) (with Sch. 2)

Part IVU.K. The Branch Councils

26(1)There shall continue to be a branch council for England, for Wales, for Scotland and for Northern Ireland.U.K.

[F49(2)The branch council for each area shall be constituted as provided by the General Council.

(2A)Some or all members of a branch council may be persons who are not members of the General Council.]

(3)The General Council may delegate to a branch council such of the functions of the General Council F50... as the General Council think fit.

Textual Amendments

F49Sch. 1 para. 26(2)(2A) substituted (17.12.2002) for Sch. 1 para. 26(2) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(d) (with transitional provisions in Sch. 2)

F50Words in Sch. 1 para. 26(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), art. 1(2)(b)(c)(3), 62(b)

27U.K.Each branch council shall appoint a registrar of the council but the person appointed to be registrar of the General Council—

(a)shall also be registrar of the branch council for England; and

(b)may also be registrar of all or any of the other branch councils.

28U.K.The General Council shall furnish each branch council with such sums as the branch council may require for defraying any expenses incurred by the branch council with the approval of the General Council; and each branch council shall furnish the General Council with such evidence as the General Council may reasonably require of all payments made by the branch council out of sums furnished by the General Council.

[F5129U.K.There shall be paid to the members of the branch councils such remuneration and such travelling, subsistence or other expenses as the General Council may allow.]

Textual Amendments

F51Sch. 1 para. 29 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(7)(e) (with transitional provisions in Sch. 2)

Section 17.

F52SCHEDULE 2U.K. Primary European Qualifications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 18

F53SCHEDULE 2AU.K.Visiting medical practitioners from relevant European states

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 33.

SCHEDULE 3U.K. Registration: Supplementary Provisions

PreliminaryU.K.

1(1)Subject to the following provisions of this Schedule, any right to registration of persons under [F54section [F553, 14A, 15, 15A or 19A]] of this Act or of qualifications under section 16 or 26 of this Act shall be conditional on the making of such an application, supported by such evidence, as is required by this Schedule.U.K.

(2)Nothing in this Schedule applies to anything done in pursuance of a direction under section 41 of this Act for restoration to the register.

Textual Amendments

F54Words in Sch. 3 para. 1(1) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(a)

To which registrar application to be madeU.K.

2(1)The following applications shall be made to the registrar of one of the branch councils, that is to say—U.K.

(a)applications for registration of persons under [F56section 3(1)(a)] [F57, 15 or 15A] of this Act; and

(b)applications under section 16 of this Act (other than applications for registration of primary European qualifications where the applicant was registered under [F58section 3(1)(b)] of this Act by virtue of those qualifications).

(2)The following applications shall be made to the Registrar, that is to say—

(a)applications for registration of persons under [F59section 3(1)(b)] [F60, 14A or 19A] of this Act and for the registration of the qualifications of those persons by virtue of which they were entitled to be registered under that paragraph;

F61(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)applications under section 26 of this Act.

(3)In the following provisions of this Schedule “the appropriate registrar”, in relation to an application for registration, means the registrar to whom, in accordance with this paragraph, the application is made.

Textual Amendments

F56Words in Sch. 3 para. 2(1)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f)(h), 9(4)(a), 15(1) (with transitional provisions in Sch. 2)

F57Words in Sch. 3 para. 2(1)(a) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(b)

F58Words in Sch. 3 para. 2(1)(b) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(4)(b) (with transitional provisions in Sch. 2)

F59Words in Sch. 3 para. 2(2)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(f), 9(4)(c) (with transitional provisions in Sch. 2)

F61Sch. 3 para. 2(2)(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), 9(4)(d) (with Sch. 2)

Proof of qualificationsU.K.

3(1)Subject to sub-paragraph (2) below, a person making an application for registration under [F62section [F633, 14A, 15, 15A or 19A]] of this Act or an application under section 16 of this Act for the registration of [F64any primary United Kingdom] or primary European qualifications he holds when he is registered under [F65section 3, 14A, 15 or 15A of this Act] shall produce or send to the appropriate registrar the document conferring or evidencing the qualification by virtue of which the application is made together with a statement of his name and address and such other particulars (if any) as may be required for registration.U.K.

[F66(1A)An exempt person (“A”) who—

(a)makes an application for registration under section 3(1)(b) of this Act,

(b)holds a qualification listed in Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training), and

(c)satisfies the requirements of article 24 of the Directive (basic medical training),

shall produce or send to the Registrar a certificate as mentioned in sub-paragraph (1B).

(1B)The certificate—

(a)must be a certificate issued by a competent authority in A's attesting State (as defined by section 44BA(6)); and

(b)must certify that the document conferring or evidencing A's qualification produced or sent by A under sub-paragraph (1) is evidence of formal qualifications listed in relation to that State in Annex V, point 5.1.1 of the Directive.]

(2)Any [F67body or combination of bodies included in the list maintained under section 4(1)] of this Act may from time to time send to the Registrar or the registrar of a branch council lists certified under that body’s seal of the persons who have been granted qualifications by the body stating the qualifications and addresses of the persons included in the list, and a registrar—

(a)may for the purposes of this Act treat any such list sent to that registrar as sufficient evidence of the entitlement of any person mentioned in it to the qualification or qualifications which he is stated in it to have been granted; and

(b)on an application for registration under [F62section 3, 15 or 15A] of this Act or an application under section 16 of this Act for the registration of primary United Kingdom qualifications held on registration under those sections may issue a certificate of registration under paragraph 5 below to a person mentioned in any such list sent to that registrar as having been granted a primary United Kingdom qualification without the document mentioned in sub-paragraph (1) above being produced or sent to him.

F68(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69(4)The evidence of professional qualifications or other particulars required of a specified state professional in order to be registered under section 21B must be no more than is necessary to satisfy the Registrar as to the matters in section 21B(1)(a) to (d) in relation to the specified state professional.

(5)Where documents fall to be provided in connection with the registration of a specified state professional under section 21B, the Registrar must accept certified copies of documents in place of original documents, unless the Registrar requires original documents to protect the integrity of the application process.

(6)For the purposes of sub-paragraph (5), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.]

Textual Amendments

F62Words in Sch. 3 para. 3(1)(2)(b) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(c)

F68Sch. 3 para. 3(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), art. 1(2)(b)(c)(3), 53

4U.K.A registrar shall not register any qualification, whether on first registration of a person or by way of addition, unless he is satisfied that the person claiming the qualification is entitled to it; but if a registrar to whom an application for registration of a qualification is made determines that he is not so satisfied, the applicant may appeal to the General Council.

[F70Proof of nationalityU.K.

Textual Amendments

4AU.K.An exempt person (“A”) making an application for registration under section 3(1)(b), 14A, 15A or 19A of this Act shall produce or send to the appropriate registrar—

(a)if A is a national of a relevant European State, proof of A's nationality;

(b)if A is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person.

Acknowledgement of applicationsU.K.

4BU.K.Where a person makes an application for registration under section 3, 14A, 15, 15A or 19A of this Act [F71or where a specified state professional makes an application for registration under section 21B of this Act], the appropriate registrar, within the period of one month beginning with the date of receipt of the application, must—

(a)acknowledge receipt of the application; and

(b)inform the applicant of any missing document required for the purposes of the application.]

Textual Amendments

[F72Duty to deal promptly with registration applications by specified state professionalsU.K.

Textual Amendments

4C.U.K.On an application for the registration of a specified state professional under section 21B of this Act, the appropriate registrar must deal promptly with the person’s application.]

[F73Time allowed for specified state professionals in relation to application processU.K.

Textual Amendments

4D.U.K.Where a specified state professional makes an application for registration under section 21B of this Act, the appropriate registrar must give that person adequate time to meet the requirements and complete the procedures of the application process.]

Issue of certificates of registrationU.K.

5[F74(1)Subject to the foregoing provisions of this Schedule, on an application for the registration of a person under [F75section [F763, 14A, 15, 15A or 19A]] of this Act the appropriate registrar, if satisfied that the applicant is entitled to be registered in accordance with the application—U.K.

(a)shall issue to the applicant the certificate of registration required by this paragraph; and

(b)F77... shall do so before the end of the requisite period.]

[F78(1A)In this paragraph “the requisite period”—

(a)in the case of an application under section 14A or 19A of this Act [F79or an application by a specified state professional under section 21B of this Act,] means the period of four months beginning with—

(i)the date when the Registrar receives the application, or

(ii)if any document required for the purposes of the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes; and

(b)in the case of any other application, means the period of three months beginning with the date on which the appropriate registrar receives all the documents enabling him to be satisfied of the applicant's entitlement to be registered in accordance with the application.]

(2)On registering a person under section 19, 21, [F8021B, 21C, 27A or 27B] of this Act the Registrar shall issue to the applicant the certificate of registration required by this paragraph.

(3)Subject as aforesaid, on an application for the registration of a qualification under section 16 or 26 of this Act, the appropriate registrar if satisfied that the applicant is entitled to have the qualification registered in accordance with the application shall issue to the applicant the certificate of registration required by this paragraph.

(4)A certificate of registration under this paragraph must be in the form prescribed by regulations under section 31 of this Act for entries in the register F81... and shall state the name of the applicant and such other particulars as may be prescribed by the regulations.

[F82(4A)A certificate of registration required to be issued under sub-paragraph (2) or (3) above shall be issued before the end of the requisite period.]

Textual Amendments

F74Sch. 3 para. 5(1)(1A) substituted for Sch. 3 para. 5(1) (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 14(2)

F75Words in Sch. 3 para. 5(1) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(7)(c)

F77Words in Sch. 3 para. 5(1)(b) omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 9(5)(a) (with Sch. 2)

F80Words in Sch. 3 para. 5(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), art. 1(2)(b)(c)(3), 43

F81Words in Sch. 3 para. 5(4) 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), art. 1(2)(b)(c)(3), 17(a)

F82Sch. 3 para. 5(4A) 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), 9(5)(d) (with Sch. 2)

Entry in or alteration of a registerU.K.

6(1)Without prejudice to sub-paragraph (2) below, the particulars stated in any certificate of registration issued under paragraph 5(1) or (3) above shall be deemed for all purposes to have been duly registered on the date of issue of the certificate except in so far as they were actually registered before that date, and references in this Act to registration shall be construed accordingly.U.K.

(2)On issuing a certificate of registration under paragraph 5(1) or (3) above the appropriate registrar shall—

(a)if he is the registrar of a branch council (but is not also the Registrar), with all convenient speed send a copy of the certificate certified under his hand to the Registrar, who shall forthwith cause an appropriate entry or alteration to be made in the register F83... ; or

(b)if he is the Registrar, forthwith cause an appropriate entry or alteration to be made in the register F84... .

(3)An entry or alteration made in [F85the register] in pursuance of this paragraph shall bear the same date as the certificate of registration by virtue of which it is made.

Textual Amendments

F83Words in Sch. 3 para. 6(2)(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), art. 1(2)(b)(c)(3), 17(b)(i)

F84Words in Sch. 3 para. 6(2)(b) 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), art. 1(2)(b)(c)(3), 17(b)(i)

F85Words in Sch. 3 para. 6(3) 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), art. 1(2)(b)(c)(3), 17(b)(ii)

[F86Visiting medical practitioners from relevant European States]U.K.

Textual Amendments

F877U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 34B

[F88SCHEDULE 3AU.K.Registration [F89and Training] Appeals

Textual Amendments

F88Sch. 3A 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(2) (with Sch. 2)

F89Words in Sch. 3A heading inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(2); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

C2Sch. 3A extended (30.9.2005 for specified purposes as notified in the London Gazette dated 26.8.2005, 1.4.2006 in so far as not already in force as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), arts. 1(2)(3), 18(6)

InterpretationU.K.

1In this Schedule—

  • “appealable registration decision” shall be construed in accordance with F90... [F90paragraphs 2 and 2A] below;

  • “person concerned” means the person in respect of whom an appealable registration decision is made or, as the case may be, an applicant to whom paragraph 3(2) [F91or (3)] below applies;

  • “person making the decision” means—

    (a)

    in relation to a decision on an application made under paragraph 2 of Schedule 3 to this Act, the appropriate registrar as defined in sub-paragraph (3) of that paragraph;

    (b)

    in relation to a decision under [F92section F93... 39, 44, 44B or 44C] of this Act, F94... the Registrar; and

    (c)

    in any other case, the General Council; and

  • F95...

    [F95“the requisite period” has the meaning given—

    (a)

    in relation to a decision which is treated as an appealable registration decision by virtue of paragraph 2A(1), by regulations under paragraph 2A(5); or

    (b)

    in any other case, by paragraph 5(1A) of Schedule 3 to this Act.]

Textual Amendments

F90Words in Sch. 3A para. 1 substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(3)(a); S.I. 2010/478, art. 2(b)

F91Words in Sch. 3A para. 1 inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(3)(b); S.I. 2010/478, art. 2(b)

F92Words in Sch. 3A para. 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), art. 1(2)(b)(c)(3), 63(a)

F95Words in Sch. 3A para. 1 substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(3)(c); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

Appealable registration decisionsU.K.

2(1)The following decisions are appealable registration decisions for the purposes of this Schedule—

(a)a decision on an application made under Schedule 3 to this Act not to register the applicant under section 3 of this Act as a fully registered medical practitioner (registration by virtue of primary United Kingdom or primary European qualifications);

[F96(aa)a decision on an application made under Schedule 3 to this Act not to register the applicant under section 14A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc without certain acquired rights certificates);

(ab)a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 14A(1) to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;]

(b)a decision on an application made under Schedule 3 to this Act not to register the applicant provisionally under section 15 of this Act (provisional registration);

(c)a decision on an application made under Schedule 3 to this Act not to register the applicant provisionally under section 15A of this Act (provisional registration for EEA nationals);

(d)a decision on an application made under Schedule 3 to this Act not to register a qualification under section 16(1) of this Act (registration of qualifications);

F97(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)a decision not to direct that a person shall be registered under section 19(1) of this Act (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.);

[F98(fa)a decision on an application made under Schedule 3 to this Act not to register the applicant under section 19A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom);

(fb)a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 19A to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;]

(g)a decision not to direct that a person shall be registered provisionally under section 21(2) of this Act (provisional registration);

F99(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F100(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F101(ka)a decision not to direct that a person be registered under section 21B of this Act (full registration of persons with an overseas qualification);

(kb)a decision not to direct that a person be registered under section 21C of this Act (provisional registration of persons with an overseas qualification);]

(l)a decision not to register a qualification under section 26(1) F102... of this Act (registration of qualifications);

[F103(m)a decision under section 27A of this Act (temporary registration for visiting eminent specialists)—

(i)not to direct that a person be registered under that section,

(ii)as to any conditions specified in a direction that a person be registered under that section;

(ma)a decision under section 27B of this Act (special purpose registration)—

(i)not to direct that a person be registered under that section,

(ii)as to the conditions specified in a direction that a person be registered under that section;]

[F104(mb)a decision under section 39 of this Act (fraud or error in relation to registration) to erase an entry from the register[F105, the General Practitioner Register or the Specialist Register];]

(n)a decision under section 44 of this Act (effect of disqualification in another member State on registration in the United Kingdom)—

(i)under subsection (1) F106... , not to register a person, or

(ii)under subsection (3), to remove a person’s name from the register;

[F107(o)a decision under section 44B of this Act (fitness to practise matters prior to registration) to refuse to register a person or to erase a person’s name from the register;]

[F108(p)a decision not to give a direction under section 44D(1) or (2) of this Act (approved practice settings) disapplying the requirements set out in those subsections.]

F109(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)But a decision is not an appealable registration decision for the purposes of this Schedule if it is a decision to refuse registration to a person, or to erase a person’s name from the register, by reason only that the person failed to—

(a)pay the prescribed fee for registration;

(b)make an application as required under this Act; or

(c)produce a certificate obtained under section 10 of this Act.

Textual Amendments

F99Sch. 3A para. 2(1)(h) 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), art. 1(2)(b)(c)(3), 44(a)(i)

F100Sch. 3A para. 2(1)(i)-(k) 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), art. 1(2)(b)(c)(3), 18(a)

F101Sch. 3A para. 2(1)(ka)(kb) 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), art. 1(2)(b)(c)(3), 44(a)(ii)

F102Words in Sch. 3A para. 2(1)(l) 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), art. 1(2)(b)(c)(3), 18(b)

F103Sch. 3A para. 2(1)(m)(ma) substituted for Sch. 3A para. 2(1)(m) (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), art. 1(2)(b)(c)(3), 44(a)(iii)

F104Sch. 3A para. 2(1)(mb) 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), art. 1(2)(b)(c)(3), 63(b)

F105Words in Sch. 3A para. 2(1)(mb) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(4); S.I. 2010/478, art. 2(b)

F107Sch. 3A para. 2(1)(o) 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), art. 1(2)(b)(c)(3), 54

F108Sch. 3A para. 2(1)(p) 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), art. 1(2)(b)(c)(3), 71

Appealable decisions relating to postgraduate medical education and trainingU.K.

[F1102A(1)The following decisions are also appealable registration decisions for the purposes of this Schedule—

(a)a decision on an application made under section 34C(3) not to include a person's name in the General Practitioner Register;

(b)a decision on an application made under section 34D(4) not to include a person's name in the Specialist Register;

(c)a decision on an application made under section 34D(4) not to indicate a field in the Specialist Register;

(d)a decision on a request made under section 34G(2) not to issue a certificate for the purposes of Article 30(1) of the Directive;

(e)a decision on an application made under section 34L(1) to refuse to award a CCT;

(f)a decision to withdraw a CCT under section 34L(7).

(2)But a decision mentioned in sub-paragraph (1)(a) or (b) is not to be treated as an appealable registration decision under this paragraph if, in respect of that decision, there is a right of appeal by virtue of section 29F(1)(d) or (e).

(3)The right of appeal under sub-paragraph (1)(a) and (b) includes a right of appeal against a decision of the Registrar as to the length of additional training, the fields to be covered by it or any examination, assessment (including a specified period of assessment) or other test of competence that the Registrar has specified when notifying the person concerned of the decision.

(4)The right of appeal under sub-paragraph (1)(a) and (b) includes a right of appeal against a decision of the Registrar under Part 3 of the General Systems Regulations requiring a person to complete an adaptation period in connection with becoming entitled by virtue of that Part of those Regulations to practise as a general practitioner or a specialist (as the case may be) in the United Kingdom.

(5)In relation to any appealable registration decision falling within sub-paragraph (1), references in this Schedule to the requisite period are references to such period as may be prescribed by the General Council in rules; and different periods may be prescribed in relation to different decisions.

(6)Rules under sub-paragraph (5) shall not come into force until approved by order of the Privy Council.]

Textual Amendments

F110Sch. 3A para. 2A inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(5); S.I. 2010/478, art. 2(b)

Notice of appealable registration decisionsU.K.

3(1)Where an appealable registration decision is made, the person making the decision shall give the person concerned notice of—

(a)the decision;

(b)the reasons for the decision; and

(c)the person’s right to appeal under paragraph 4 below.

(2)Failure to notify an applicant of a decision made in respect of an application for registration under section [F1113, 14A, 15, 15A, 19, 19A or 21] of this Act within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below.

[F112(2A)Failure to notify an applicant of a decision in respect of an application for registration under section 21B of this Act (full registration of persons with an overseas qualification) within the requisite period shall, where a specified state professional makes the application, be treated as a decision from which the applicant may appeal under paragraph 4 below.]

[F113(3)Failure to notify an applicant of a decision made in respect of an application for inclusion in the General Practitioner Register or the Specialist Register within the requisite period shall, in cases prescribed by the General Council in rules, be treated as a decision from which the applicant may appeal under paragraph 4.

(4)Rules under sub-paragraph (3) shall not come into force until approved by order of the Privy Council.]

Textual Amendments

F113Sch. 3A para. 3(3)(4) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(6); S.I. 2010/478, art. 2(b)

Appeals from appealable registration decisionsU.K.

4(1)A person in respect of whom an appealable registration decision has been made may appeal against the decision to a Registration Appeals Panel.

(2)An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the Registrar.

(3)Any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above.

This sub-paragraph is subject to any extension of time under paragraph 7 below.

(4)In the case of an appeal by virtue of paragraph 3(2) [F114, (2A)] [F115or (3)] above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.

(5)Where a decision to erase or remove a medical practitioner from the register is an appealable registration decision, the decision shall not be carried into effect—

(a)until the time for bringing any appeal against the decision has expired without an appeal being brought; or

(b)where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

(6)Any rules made under paragraph 3 of Schedule 3B to this Act shall apply in relation to an appeal under this Schedule as they apply in relation to an appeal under section 29F of this Act.

(7)F116... [F116Paragraph 2 of Schedule 4 and, subject to sub-paragraph (7A), paragraph 7 of that Schedule] shall apply in relation to proceedings under this Schedule before a Registration Appeals Panel as they apply to proceedings before [F117the Investigation Committee (where, in the case of paragraph 7, the Committee are considering giving a warning to a person)].

[F118(7A)Where the chair of a Registration Appeals Panel is a legally qualified person, paragraph 7 of Schedule 4 is to be taken to authorise but not require the General Council to appoint an assessor to the Panel under that paragraph.

(7B)In sub-paragraph (7A), “legally qualified person” means a person who holds a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 or who is an advocate or solicitor in Scotland or a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.]

(8)In disposing of an appeal under this paragraph, a Registration Appeals Panel may determine to—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision appealed against;

(c)substitute for the decision appealed against any other decision which could have been made by the person making the decision;

(d)remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Panel,

and a Panel may make such order as to costs (or, in Scotland, expenses) as they think fit.

(9)A Registration Appeals Panel shall, as soon as reasonably practicable—

(a)give the person concerned, and the person making the decision, notice of the Panel’s determination on an appeal under sub-paragraph (1) above and of the reasons for that determination; and

(b)if that determination is not a determination under sub-paragraph (8)(b) above, give the person concerned notice of his right of appeal under paragraph 5 below.

Textual Amendments

F115Words in Sch. 3A para. 4(4) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(7)(a); S.I. 2010/478, art. 2(b)

F116Words in Sch. 3A para. 4(7) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(7)(b); S.I. 2010/478, art. 2(b)

F118Sch. 3A para. 4(7A)(7B) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 17(7)(c); S.I. 2010/478, art. 2(b)

Modifications etc. (not altering text)

C4Sch. 3A para. 4 extended (30.9.2005 as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), art. 1(2)(3), 23(2)

Appeals from a Registration Appeals PanelU.K.

5(1)Where—

(a)a Registration Appeals Panel determines an appeal under paragraph 4 above; and

(b)the Panel’s determination is any determination other than a determination under paragraph 4(8)(b) above to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notice of the determination was given to him under paragraph 4(9), appeal against the determination to the relevant court.

(2)In this paragraph, “the relevant court” means the county court or, in Scotland, the sheriff.

(3)In sub-paragraph (2) above, “the sheriff” means the sheriff in whose sheriffdom is situated the address—

(a)which is shown in the register as the address of the person concerned; or

(b)which would have been so shown if the person concerned were registered.

(4)On an appeal under this paragraph from a Registration Appeals Panel, the relevant court may—

(a)dismiss the appeal;

(b)allow the appeal and quash the determination appealed against;

(c)substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Panel;

(d)remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of the case in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

NoticesU.K.

6(1)Any notice required to be given under paragraph 3 or 4(9) above to the person concerned may be given—

(a)by delivering it to him;

(b)by leaving it at his proper address;

(c)by sending it by a registered post service; or

(d)by sending it by a postal service which provides for the delivery of the notice by post to be recorded.

(2)For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 in its application to this paragraph, the proper address of the person concerned shall be—

(a)the address—

(i)which is shown in the register as his address, or

(ii)which would have been so shown if he were registered; or

(b)if the conditions in sub-paragraph (3) below are satisfied, his last known address.

(3)The conditions are that—

(a)the last known address of the person concerned differs from the address mentioned in sub-paragraph (2)(a) above; and

(b)it appears to the body or person giving the notice that a letter sent to the person concerned at his last known address is more likely to reach him.

(4)For the purposes of this paragraph—

(a)the giving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and

(b)so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

Modifications etc. (not altering text)

C6Sch. 3A para. 6 applied (30.9.2005 for specified purposes as notified in the London Gazette dated 26.8.2005, 1.4.2006 in so far as not already in force as notified in the London Gazette dated 26.8.2005) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (S.I. 2003/1250), arts. 1(2)(3), 18(7)

Extension of time for appealingU.K.

7Where—

(a)any notice required by paragraph 3(1) above to be given to the person concerned is given by sending it to him by post; and

(b)the Registrar is satisfied, on the application of that person, that he did not receive the notice within the period of 14 days beginning with the day on which the person making the decision gave the decision to which the notice relates, the Registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(2) above.]

Section 29F

[F119SCHEDULE 3BU.K.Licence to Practise and Revalidation: Appeals

Textual Amendments

F119Sch. 3B inserted (24.1.2005 for the insertion of Sch. 3B para. 3(1)-(3)(5)-(8) as notified in the London Gazette dated 14.1.2005, 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) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 11 (with Sch. 2)

Manner of, and time for, appealingU.K.

1(1)A medical practitioner who wishes to appeal to a Registration Appeals Panel under section 29F of this Act against a decision of a licensing authority must give written notice of appeal to the Registrar.

(2)Any such notice of appeal must be given within the period of 28 days beginning with the day on which the practitioner is given notice of the decision of the licensing authority.

(3)Sub-paragraph (2) above is subject to paragraph 2 below.

Extension of time for appealingU.K.

2Where—

(a)any notice required by section 29B or 29D to be given to a medical practitioner by the Registrar is given by sending it to him by post; and

(b)the Registrar is satisfied, on the application of the practitioner, that the practitioner did not receive the notice within the period of 14 days beginning with the day on which the licensing authority gave the decision to which the notice relates,

the Registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 1 above.

Rules as to procedure and evidenceU.K.

3(1)The General Council shall make rules as to—

(a)the procedure to be followed; and

(b)the rules of evidence which are to apply,

in proceedings before a Registration Appeals Panel.

(2)Rules made under this paragraph shall include provision—

(a)securing that notice of the time and place of any hearing is given, at such time and in such manner as may be specified in the rules, to the medical practitioner to whom the proceedings relate;

(b)securing that any party to proceedings before a Registration Appeals Panel shall, if he so requires, be entitled to be heard by the Panel;

(c)enabling any party to the proceedings to be represented by counsel or solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules; and

(d)requiring proceedings to be held in publicF120..., unless and to the extent that the rules provide otherwise.

(3)In sub-paragraph (2) above, “party”, in relation to any proceedings, means—

(a)the medical practitioner to whom the proceedings relate; or

(b)F121...the General Council.

(4)Paragraphs 2 and 7 of Schedule 4 to this Act shall apply in relation to proceedings before a Registration Appeals Panel as they apply in relation to proceedings before [F122the Investigation Committee (where, in the case of paragraph 7, the Committee are considering giving a warning to a person)].

(5)Rules under this paragraph shall not come into force until approved by order of the Privy Council.

(6)The Privy Council may approve such rules—

(a)as submitted to them; or

(b)subject to such modifications as appear to them to be requisite.

(7)Where the Privy Council propose to approve rules under this paragraph subject to modifications, they shall—

(a)notify the General Council of the modifications they propose to make; and

(b)consider any observations which the General Council may make on the modifications.

(8)Before making rules under this paragraph the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the Council requisite to be consulted.

Textual Amendments

F120Words in Sch. 3B para. 3(2)(d) omitted (19.7.2006, 9.9.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 67

References to the Investigation CommitteeU.K.

4(1)Where a matter—

(a)arises in the course of proceedings relating to a medical practitioner before a Registration Appeals Panel; and

(b)ought, in the opinion of the Panel, to be investigated by the Investigation Committee,

sub-paragraph (2) below applies.

(2)In any such case, the Registration Appeals Panel may—

(a)adjourn the proceedings; and

(b)give a direction to the Registrar to refer the matter to the Investigation Committee.

Powers of Registration Appeal Panels disposing of an appealU.K.

5In disposing of an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, the determinations that may be made by a Registration Appeals Panel are—

(a)if the appeal is against a decision to refuse to grant a licence to practise, that a licence to practise should, or (as the case may be) should not, be granted to the practitioner;

(b)if the appeal is against a decision to withdraw a licence to practise, that a licence to practise should, or (as the case may be) should not, be withdrawn from the practitioner; or

(c)if the appeal is against a decision to refuse to restore a licence to practise, that a licence to practise should, or (as the case may be) should not, be restored to the practitioner,

and a Panel may make such orders as to costs (or, in Scotland, expenses) as they think fit.

Successful appealsU.K.

6(1)This paragraph applies in any case where, on an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, a Registration Appeals Panel determines—

(a)that a licence to practise should be granted to the medical practitioner;

(b)that a licence to practise should not be withdrawn from the medical practitioner; or

(c)that a licence to practise should be restored to the medical practitioner.

(2)The Registration Appeals Panel shall give notice to the Registrar informing him of the determination and directing him accordingly—

(a)to grant the licence;

(b)not to withdraw the licence; or

(c)to restore the licence.

(3)The Registrar shall give notice of the determination to the medical practitioner.

(4)Section 29H of this Act applies in relation to any notice under sub-paragraph (2) above.

Unsuccessful appealsU.K.

7(1)This paragraph applies in any case where, on an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, a Registration Appeals Panel determines—

(a)that a licence to practise should not be granted to the medical practitioner;

(b)that a licence to practise should be withdrawn from the medical practitioner; or

(c)that a licence to practise should not be restored to the medical practitioner.

(2)The Registration Appeals Panel shall give notice to the Registrar—

(a)informing him of the determination; and

(b)if the determination is that a licence to practise should be withdrawn from the medical practitioner, directing him to withdraw the licence.

(3)The Registrar shall give the medical practitioner notice of—

(a)the determination; and

(b)his right under paragraph 8 below to appeal against the determination.

(4)Any direction under sub-paragraph (2)(b) above has effect subject to section 29F(3) of this Act (no implementation pending appeal).

(5)Section 29H of this Act applies in relation to any notice under sub-paragraph (2) above.

Further appeal to court against determination within paragraph 7U.K.

8(1)Where, on an appeal under section 29F of this Act by a medical practitioner, a Registration Appeals Panel makes a determination falling within sub-paragraph (1) of paragraph 7 above, the practitioner may appeal against the determination.

(2)Any such appeal must be made within the period of 28 days beginning with the day on which the practitioner is given notice under paragraph 7 above of the determination of the Registration Appeals Panel.

(3)Any such appeal must be made [F123in England and Wales to the county court or, in Northern Ireland,] to a county court or, in Scotland, to the sheriff.

(4)In sub-paragraph (3) above “the sheriff” means the sheriff in whose sheriffdom is situated the address—

(a)which is shown in the register as the practitioner’s address; or

(b)which would be so shown, if the practitioner were registered.

(5)On appeal under this paragraph from a Registration Appeals Panel, the county court or the sheriff may—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision appealed against; or

(c)remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of in accordance with the directions of the court (or the sheriff),

and may make such orders as to costs (or, in Scotland, expenses) as it (or he) thinks fit.]

Textual Amendments

F123Words in Sch. 3B para. 8(3) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 110; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Section 43

[F124SCHEDULE 4U.K. [F125Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals]

Textual Amendments

F124Sch. 4 substituted (7.7.2004 for the substitution of Sch. 4 para. 5A(2) for specified purposes and paras. 1, 5A(1)(3)(3A)(9), 6, 7(3)(4)(6) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 14 (with Sch. 2 and savings in The Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I. 2004/1731), arts. 1(1), 2)

[F126Procedure of and evidence before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals]U.K.

Textual Amendments

1(1)Subject to the provisions of this paragraph, the General Council shall make rules F127...with respect to—U.K.

(a)the reference of cases to the Investigation Committee [F128or the MPTS];

[F129(aa)the arrangements by the MPTS for a Medical Practitioners Tribunal or Interim Orders Tribunal to consider a matter;] and

(b)the procedure to be followed and rules of evidence to be observed in proceedings before [F130the Investigation Committee or a Medical Practitioners Tribunal or Interim Orders Tribunal].

[F131(1A)The overriding objective of the General Council in making rules under this Schedule with respect to the procedure to be followed in proceedings before a Medical Practitioners Tribunal or an Interim Orders Tribunal, or with respect to the procedure to be followed by the Investigation Committee when deciding whether to give a warning under section 35C(6), is to secure that the Tribunal or Committee (as the case may be) deals with cases fairly and justly.]

[F132(1B)Where the General Council consider that there is a conflict between meeting the objective under sub-paragraph (1A) and the over-arching objective, they must give priority to meeting the objective under sub-paragraph (1A).]

(2)Rules made under this paragraph in connection with the consideration by the Investigation Committee of whether to warn a person regarding his future conduct or performance under section 35C(6) above shall include provision—

(a)securing that notice shall be given to this effect to the person concerned;

(b)securing that the person concerned shall be entitled to make representations in writing to the Committee;

(c)securing that if the Committee determines that there should be an oral hearing, the person concerned shall, if he so requires, be entitled to be heard by the Committee;

(d)enabling the person concerned to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules; and

(e)securing that notice be served on the person concerned of any decision taken in relation to him by the Committee.

[F133(2ZA)Rules made under this paragraph in connection with the referral of a matter to, or the consideration of a matter by, a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for—

(a)the Investigation Committee to continue to investigate the matter after the referral is made or consideration by the Tribunal has begun (as the case may be); and

(b)the withdrawal of the matter (or part of it) by the Investigation Committee if they decide that the matter (or part of it) should not be considered by a Medical Practitioners Tribunal or they are of the opinion that an Interim Orders Tribunal should not consider making an order.

(2ZB)Section 35CC(1) applies to functions of the Investigation Committee by virtue of sub-paragraph (2ZA) as it applies to their functions under section 35C.]

(2A)[F134Rules made under this paragraph may include provision—

(a)for enabling the Investigation Committee, whether before or after a matter has been referred to a Medical Practitioners Tribunal (but before the Tribunal’s hearing of the matter has begun), and in such circumstances as may be specified in the rules, to agree with the person concerned that the person will comply with such undertakings as the Committee consider appropriate; and

(b)with respect to the procedure to be followed where any such undertakings are breached.

(2B)Section 35CC(1) applies to the functions of the Investigation Committee by virtue of sub-paragraph (2A) as it applies to their functions under section 35C.

(2C)Rules made under this paragraph may include provision—

(a)for enabling the General Council, where a Medical Practitioners Tribunal find that a person’s fitness to practise is impaired, to agree with the person concerned that the person will comply with such undertakings as the Council consider appropriate;

(b)for enabling a Medical Practitioners Tribunal to take any such undertakings into account;

(c)with respect to the procedure to be followed—

(i)where there is a breach of any such undertakings, or

(ii)where the General Council consider that any such undertakings should no longer apply and that a direction under section 35D should instead be given.

(2D)Rules making provision by virtue of sub-paragraph (2C)(c) may, make provision—

(a)for enabling or requiring a Medical Practitioners Tribunal to review whether the undertakings should continue to apply;

(b)for treating the requirements contained in the undertakings as if they were requirements specified in a direction given under section 35D(2)(c); and

(c)for enabling a Medical Practitioners Tribunal to give a direction under section 35D—

(i)where there is a breach of any such undertakings, or

(ii)where the General Council consider that any such undertakings should no longer apply.

(2E)For the purposes of sub-paragraph (2D), the rules may apply sections 35D and 35E with such modifications, and may make such consequential modifications of this Act, as the Council think fit; and accordingly where the rules make such provision, references in this Act to section 35D or 35E include a reference to that section as so applied.]

[F135(2F)Where rules made under this paragraph include provision under sub-paragraph (2A)(a), the Investigation Committee or such person as is by virtue of sub-paragraph (2B) exercising the function conferred by the provision must, in exercising the function, have regard to the over-arching objective.

(2G)Where rules made under this paragraph include provision under sub-paragraph (2C)(b), or provision under sub-paragraph (2C)(c) of the kind mentioned in sub-paragraph (2D), a Medical Practitioners Tribunal must, in exercising the function conferred by the provision, have regard to the over-arching objective.]

(3)Rules made under this paragraph in connection with the consideration by [F136an Interim Orders Tribunal or a Medical Practitioners Tribunal] of the making of an interim suspension order or an order for interim conditional registration under section 41A above, or in connection with the review of such an interim order, shall include provision—

(a)securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whom the proceedings relate;

(b)securing that a person in relation to whom an order has been made shall, if he so requires, be entitled to be heard by [F137the Tribunal] on each occasion on which they review the order;

(c)enabling the person in relation to whom the order has been made to be represented before [F137the Tribunal] by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules;

(d)for service on the person to whom the proceedings relate of notice of any decision taken in relation to him by [F137the Tribunal]; and

(e)determining when proceedings before [F137the Tribunal] are to be held in public and when in private (including provision securing that they are to be held in public if the person to whom the proceedings relate so requests).

(4)Rules made under this paragraph in connection with any other proceedings before [F138a Medical Practitioners Tribunal] shall include provision—

(a)securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whose registration the proceedings relate;

(b)securing that any party to the proceedings shall, if he so requires, be entitled to be heard by [F139a Tribunal];

(c)enabling any party to the proceedings to be represented before [F140the Tribunal] by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d)F141... for proceedings before [F139a Tribunal] to be held in public unless and to the extent that the rules provide otherwise; F142...

F142(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F143(4A)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal may include provision for preliminary hearings.

(4B)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal which include provision with respect to the consequences of a failure to comply with those rules or with directions given by the Tribunal or a case manager appointed under paragraph 7A may, in particular—

(a)where the failure relates to the admission of evidence, enable the Tribunal to refuse to admit the evidence and enable a case manager appointed under paragraph 7A to direct the Tribunal to consider whether to admit the evidence;

(b)confer power on the Tribunal to draw adverse inferences;

(c)confer power on the Tribunal to award costs (or, in Scotland, expenses).

(4C)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for the award of costs (or, in Scotland, expenses) in a case where a party’s, or a party’s representative’s, conduct of the proceedings has been unreasonable.

(4D)Provision by virtue of sub-paragraph (4B)(c) or (4C) may, in particular, include—

(a)provision for assessment or taxation of costs (or, in Scotland, taxation of expenses);

(b)provision for a wasted costs order (or, in Scotland, wasted expenses order);

(c)provision requiring regard to be had to a party’s ability to pay;

(d)provision conferring on either party a right of appeal against an award of costs to the High Court (or, in Scotland, against an award of expenses to the Court of Session);

(e)provision for the enforcement of an award of costs (or, in Scotland, expenses) in the same manner as if the award had been made by order of the county court (or, in Scotland, by decree of the sheriff court or, in Northern Ireland, by order of a county court).]

[F144(4E)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may contain such provisions as appear to the General Council expedient for securing that, where the chair of the Tribunal is a legally qualified person and the chair advises the Tribunal on any question of law as to evidence, procedure or any other matter specified in the rules, the chair shall either—

(a)so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or

(b)inform every such party or person of the advice that the chair has tendered, if the advice is tendered after the Tribunal have begun their deliberations, whether by including the advice in the Tribunal’s decision or by some other means,

and the rules may also contain such incidental and supplementary provisions as appear to the General Council expedient.

(4F)In sub-paragraph (4E), “legally qualified person” means a person who satisfies the criteria set under paragraph 7(1C) in relation to legal qualifications and legal experience.]

(5)Rules made under this paragraph shall specify the relevant date for the purposes of sections 35A and 35B of this Act.

(6)Before making rules under this paragraph the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the General Council requisite to be consulted.

(7)Rules under this paragraph shall not come into force until approved by order of the Privy Council.

(8)The Privy Council may approve such rules—

(a)as submitted to them; or

(b)subject to such modifications as appear to them to be requisite.

(9)Where the Privy Council propose to approve rules under this paragraph subject to modifications, they shall—

(a)notify the General Council of the modifications they propose to make; and

(b)consider any observations which the General Council may make on the modifications.

F145(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Words in Sch. 4 para. 1(4)(d) 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), art. 1(2)(b)(c)(3), 57(1)(b)

F142Sch. 4 para. 1(4)(e) and preceding word 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), art. 1(2)(b)(c)(3), 57(1)(c)

F145Sch. 4 para. 1(10) 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), art. 1(2)(b)(c)(3), 57(1)(d)

2(1)For the purpose of proceedings in England or Wales or in Northern Ireland before—U.K.

(a)the Investigation Committee;

(b)[F146an Interim Orders Tribunal]; or

(c)[F147a Medical Practitioners Tribunal],

the Committee [F148or Tribunal] may administer oaths, and any party to the proceedings may issue a writ of subpoena ad testificandum or duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(2)Section 36 of the [F149Senior Courts Act 1981] or section 67 of the Judicature (Northern Ireland) Act 1978 (which provide a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to proceedings before the Investigation Committee, [F146an Interim Orders Tribunal] or [F147a Medical Practitioners Tribunal] in England and Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3)For the purpose of proceedings before the Investigation Committee, [F146an Interim Orders Tribunal] or [F147a Medical Practitioners Tribunal] in Scotland, the Committee [F148or Tribunal] may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court—

(a)to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee [F148or Tribunal] and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b)to grant warrant for the recovery of documents; and

(c)to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

Textual Amendments

3U.K.Where—

(a)several sittings of the Investigation Committee, [F150a Medical Practitioners Tribunal or an Interim Orders Tribunal] F151... are required to enable [F152the Committee or a Tribunal] F153... to dispose of a case; or

(b)on an appeal to the relevant court under section 40 of this Act, the case is remitted to the Registrar for him to refer the case to [F154the MPTS for them to arrange for] [F155a Medical Practitioners Tribunal] F156...F157... F156... to dispose of the case in accordance with directions given by the court,

the validity of the proceedings on the case before the [F158Committee or Tribunal]F159..., as the case may be, shall not be called into question by reason only that members of the [F158Committee or Tribunal]F159... who were present at a former meeting were not present at a later meeting of the [F158Committee or Tribunal]F159... or that members present at a later meeting were not present at a former meeting of the [F158Committee or Tribunal]F159..., as the case may be.

Textual Amendments

Reference and transfer of cases to the Investigation CommitteeU.K.

F1603AU.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124 Reference and transfer of cases to the Health CommitteeU.K.

F1244U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 Preliminary proceedingsU.K.

F1245U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F161Professional performance assessments and health assessments]U.K.

Textual Amendments

5A(1)The General Council may make rules—U.K.

(a)authorising the giving of directions by any of—

(i)the Investigation Committee,

(ii)[F162a Medical Practitioners Tribunal],

(iii)such other persons as may be specified in the rules,

requiring [F163an assessment of a kind referred to in sub-paragraph (1A)] to be carried out;

(b)specifying circumstances in which such an assessment may be carried out otherwise than in accordance with a direction.

[F164(1A)The assessments referred to in sub-paragraph (1) are—

(a)in the case of a registered person, an assessment of the standard of a person’s professional performance;

(b)in the case of a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for his name to be restored to the register, an assessment of the standard of professional performance of which the person would be capable if the person’s name were to be restored to the register;

(c)in either case, an assessment of the person’s physical or mental health.]

(2)[F165An assessment by virtue of this paragraph is to be carried out in accordance with such directions as the Registrar may give as to—

(a)whether the assessment is to be carried out by an Assessment Team or by an individual assessor;

(b)the form or content of the assessment.

(2ZA)Where the assessment is to be carried out by an Assessment Team, the Team—

(a)must include at least one fully registered person selected by the Registrar; and

(b)is otherwise to be constituted in accordance with directions given by the Registrar.

(2ZB)Where the assessment is to be carried out by an individual assessor, the assessor must be a fully registered person selected by the Registrar.

(2ZC)The General Council may make rules as to—

(a)the appointment of fully registered persons and of other persons to a list of persons eligible to be members of an Assessment Team and the appointment of fully registered persons to a list of persons eligible to be individual assessors;

(b)the procedure to be followed in carrying out an assessment by virtue of this paragraph;

(c)the procedure to be followed following the making of a report on an assessment carried out by virtue of this paragraph.

(2ZD)Where there are rules made under sub-paragraph (2ZC)(a), a person selected under sub-paragraph (2ZA) or (2ZB) must be a person who is included in the applicable list of eligible persons provided for in the rules.

(2ZE)The General Council may make rules authorising the Assessment Team which, or individual assessor who, is to carry out an assessment by virtue of this paragraph to determine the procedure to be followed in carrying out the assessment in so far as it is not provided for in rules under sub-paragraph (2ZC)(b).]

(2A)An assessment of the standard of a registered person’s professional performance may include an assessment of his professional performance at any time prior to the assessment and may include an assessment of the standard of his professional performance at the time of the assessment.

[F166(2B)An assessment of a person’s physical or mental health may include an assessment of the person’s physical or mental health at any time prior to the assessment and may include an assessment of the person’s physical or mental health at the time of the assessment.]

[F167(3)If the Registrar is of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of the assessment, the Registrar—

(a)may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal, and

(b)if he does so, must without delay serve on the person concerned a notification of the making of such a referral.

(3A)If the Investigation Committee are of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment—

(a)the Investigation Committee may direct the Registrar to refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal; and

(b)the Registrar, having been given a direction under paragraph (a), must make the referral to the MPTS and must without delay serve on the person concerned a notification of the making of the referral.

(3B)Where a matter is referred to the MPTS under sub-paragraph (3) or (3A), the MPTS must arrange for the matter to be considered by a Medical Practitioners Tribunal.

(3C)Where a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a registered person to submit to an assessment, are of the opinion that the person concerned has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment, the Tribunal must consider that matter.

(3D)The Medical Practitioners Tribunal, on their consideration of a matter under sub-paragraph (3B) or (3C), may, if they think fit—

(a)direct that the person’s registration in the register is to be suspended (that is to say, is not to have effect) during such period not exceeding twelve months as may be specified in the direction; or

(b)direct that the person’s registration is to be conditional on the person’s compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in the person’s interests.

(3E)Where, under sub-paragraph (3D), the Tribunal give a direction for suspension or a direction for conditional registration, the MPTS must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (5).

(3F)Where, under sub-paragraph (3D), the Tribunal give a direction for suspension or a direction for conditional registration, or where the Tribunal decide not to give a direction under that sub-paragraph, the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction or decision.

(3G)While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (3D)—

(a)the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b)sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.]

[F168(3H)In deciding whether to give a direction under sub-paragraph (3D), a Medical Practitioners Tribunal must have regard to the over-arching objective.]

(5)An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of [F169a Medical Practitioners Tribunal] given [F170under sub-paragraph (3D)] above, and on an appeal under this sub-paragraph the relevant court may—

(a)quash the direction;

(b)substitute for the direction any other direction which [F171the Tribunal] could have made; or

(c)remit the case to [F172the MPTS for them to arrange for] [F169a Medical Practitioners Tribunal] to [F173dispose of it] in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

[F174(5A)Subject to paragraph 9, an appeal under sub-paragraph (5) must be brought before the end of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (3E).]

(6)An Assessment Team [F175or an individual assessor], for the purposes of carrying out an assessment of the standard of a person’s professional performance—

(a)may require the production of, inspect and take copies of any records (in whatever form they are held) arising out of or relating to the person’s professional practice; and

(b)where such records are kept otherwise than in legible form, may require a copy of them to be given to the Team [F176or the assessor] in legible form.

(7)A person who, without reasonable excuse, obstructs an Assessment Team [F177or an individual assessor] in the execution of F178... powers under sub-paragraph (6) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)Nothing in this paragraph shall require or permit any disclosure of information which is prohibited by or under any other enactment [F179or the [F180UK GDPR]]; but where information is held in a form in which the prohibition operates by reason of the fact that the information is capable of identifying an individual, an Assessment Team [F177or an individual assessor] may, in exercising F178... powers under sub-paragraph (6) above, require that the information be put into a form in which it is not capable of identifying an individual.

[F181(8A)In determining for the purposes of sub-paragraph (8) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this paragraph.]

(9)Sub-paragraphs (6) and (7) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.

[F182(10)In this paragraph a reference to the standard of a F183... person’s professional performance includes the standard of the person’s knowledge of English and, in particular, whether the person has the necessary knowledge of English.

(11)But an assessment [F184of a person’s professional performance] carried out by virtue of this paragraph must not be limited to an assessment of whether a person has the necessary knowledge of English.

(12)Where an assessment is required to be undertaken by virtue of paragraph 5C below, that assessment [F185shall not be undertaken as part of an assessment carried out by virtue of this paragraph] .]

[F186(13)The General Council may by rules provide that an assessment of a person’s knowledge of English undertaken as part of an assessment of the person’s professional performance by virtue of this paragraph is to be undertaken in accordance with such provision as is made in rules under paragraph 5C(2) subject to such modifications as the General Council consider necessary or expedient.]

F187(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F165Sch. 4 para. 5A(2)-(2ZE) substituted for Sch. 4 para. 5A(2) (3.8.2015 for specified purposes, 31.12.2015 in so far as not already in force) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 10(3); S.I. 2015/1579, art. 2(g); S.I. 2015/1952, art. 2(g)

F179Words in Sch. 4 para. 5A(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 25(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

5B(1)A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this paragraph if satisfied by the evidence on oath of at least two members of an Assessment Team [F188or an individual assessor] that there are reasonable grounds for suspecting that the team [F189or assessor] will require a warrant for the purposes of carrying out an assessment required by virtue of rules made under paragraph 5A above.U.K.

(2)A warrant under this paragraph shall authorise one or more members of the Assessment Team (who must, if so required, produce documents identifying themselves)[F190, or (as the case may be) an individual assessor (who must, if so required, produce documents identifying himself),] together with any constables—

(a)to enter any building specified in the warrant, but not a dwelling-house, using such force as is reasonably necessary for the purpose; and

(b)to search the premises for the purposes of the exercise of the powers under paragraph 5A(6) above.

(3)A warrant under this paragraph shall continue in force until the end of the period of 21 days beginning with the day on which it is issued.

(4)A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

Knowledge of English AssessmentsU.K.

[F1915C.(1)The General Council may make rules—

(a)authorising the giving of directions by any of—

(i)the Investigation Committee,

(ii)[F192a Medical Practitioners Tribunal],

(iii)such other persons as may be specified in the rules,

requiring a registered person [F193or a person seeking restoration to the register] to undertake an assessment of that person’s knowledge of English;

(b)specifying circumstances in which such an assessment may be undertaken otherwise than in accordance with a direction.

[F194(1A)The reference in sub-paragraph (1) to a person seeking restoration to the register is a reference to a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for the person’s name to be restored to the register.]

(2)An assessment required to be undertaken by virtue of this paragraph must be undertaken in accordance with rules made by the General Council under this paragraph; and the rules shall, in particular, provide—

(a)for the procedures to be followed F195... when directing a F196... person to undertake such an assessment;

(b)for the F196... person who is required to undertake such an assessment to provide information in respect of that assessment to such persons as may be prescribed under the rules;

(c)for the information provided by virtue of paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

(3)If the Registrar is of the opinion that a [F197registered] person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment the RegistrarF198...—

(a)[F199may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal,] and

(b)if he does so, shall without delay serve on the person a notification of the making of such a referral.

[F200(3A)If the Investigation Committee are of the opinion that a registered person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment—

(a)the Investigation Committee may direct the Registrar to refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal; and

(b)the Registrar, having been given a direction under paragraph (a), must make the referral to the MPTS and must without delay serve on the person concerned a notification of the making of the referral.

(3B)Where a matter is referred to the MPTS under sub-paragraph (3) or (3A), the MPTS must arrange for the matter to be considered by a Medical Practitioners Tribunal.

(3C)If a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a person to undertake an assessment of that person’s knowledge of English, are of the opinion that the person concerned has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information required in respect of that assessment, the Tribunal must consider that matter.]

(4)[F201The Medical Practitioners Tribunal, on their consideration of a matter under sub-paragraph (3B) or (3C) may], if they think fit—

(a)direct that the person’s registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b)direct that the person’s registration shall be conditional on the person’s compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as [F202the Tribunal] think fit to impose for the protection of members of the public or in the person’s interests.

[F203(4A)In deciding whether to give a direction under sub-paragraph (4), a Medical Practitioners Tribunal must have regard to the over-arching objective.]

(5)Where under sub-paragraph (4), [F204the Medical Practitioners Tribunal] give a direction for suspension or a direction for conditional registration [F205the MPTS] must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (7).

[F206(5A)Where, under sub-paragraph (4), the Medical Practitioners Tribunal give a direction for suspension or a direction for conditional registration, or where the Tribunal decide not to give a direction under that sub-paragraph, the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction or decision.]

(6)While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (4)—

(a)the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b)sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.

(7)An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of [F207a Medical Practitioners Tribunal] given under sub-paragraph (4) and on an appeal under this paragraph the relevant court may—

(a)quash the direction,

(b)substitute for the direction any other direction which [F208the Tribunal] could have made, or

(c)remit the case to [F209the MPTS for them to arrange for] [F207a Medical Practitioners Tribunal] to [F210dispose of it] in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

(8)Subject to paragraph 9, an appeal under sub-paragraph (7) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (5).

(9)Sub-paragraphs (6) to (9) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.]

Textual Amendments

Proceedings for erasure of entries fraudulently or incorrectly madeU.K.

F2116U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F211Sch. 4 para. 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), art. 1(2)(b)(c)(3), 57(2)

Legal assessorsU.K.

7(1)For the purposes of advising—U.K.

(a)the Investigation Committee where it is considering giving a warning to a person;

F212(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on questions of law arising in proceedings before [F214the Committee], there shall in all such proceedings be an assessor to [F215the Committee] who shall be appointed by the General CouncilF216....

[F217(1A)The General Council must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under sub-paragraph (1).]

[F218(1B)The MPTS must appoint a person as an assessor to a Medical Practitioners Tribunal or an Interim Orders Tribunal for the purpose of advising the Tribunal on questions of law arising in proceedings before them—

(a)if the chair of the Tribunal is not a legally qualified person, or

(b)in any other case where they consider it appropriate to do so.

(1C)The MPTS must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under sub-paragraph (1B).

(1D)In sub-paragraph (1B), “legally qualified person” means a person who satisfies such criteria as are set under sub-paragraph (1C) in relation to legal qualifications and legal experience.]

(2)An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings.

[F219(2A)The General Council may make rules containing provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the MPTS in connection with the exercise of any function relating to the appointment of a person as an assessor.]

(3)[F220The General Council] may make rules as to the functions of assessors appointed under this paragraph, including without prejudice to the generality of the powers to make such rules, the function of advising on the drafting of decisions.

(4)Rules made under this paragraph in connection with proceedings before the Investigation Committee, [F221a Medical Practitioners Tribunal or an Interim Orders Tribunal] may in particular contain such provisions as appear to [F222the General Council] expedient for—

(a)securing that where an assessor advises the Committee or [F223a Tribunal] on any question of law as to evidence, procedure or any other matter specified in the rules, he shall either—

(i)so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or

(ii)inform every such party or person of the advice that he has tendered, if the advice is tendered after the Committee or [F223the Tribunal] have begun their deliberations;

(b)securing that every such party or person shall be informed if in any case the Committee or [F223the Tribunal] do not accept the advice of the assessor on any such question,

and may also contain such incidental and supplementary provisions as appear to [F222the General Council] expedient.

(5)The General Council may pay to persons appointed to act as assessors such remuneration as the Council may determine.

[F224(6)Rules under this paragraph shall not come into force until approved by order of the Privy Council.]

Textual Amendments

[F225Case managersU.K.

Textual Amendments

7A.(1)For the purpose of conducting the management of cases before a Medical Practitioners Tribunal, the MPTS may appoint persons as case managers.U.K.

(2)A person may be appointed as a case manager either generally or for any particular proceedings or class of proceedings; accordingly, when appointing a person as a case manager for particular proceedings, the MPTS may appoint—

(a)a person whom they have already appointed generally or for proceedings of the class in question, or

(b)a person whom they have not already appointed but wish to appoint for the particular proceedings.

(3)The MPTS must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under this paragraph.

(4)The General Council may make rules containing provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the MPTS in connection with the exercise of any function relating to the appointment of a person as a case manager.

(5)The chair of a Medical Practitioners Tribunal may be appointed as a case manager for the proceedings before that Tribunal if the chair satisfies such criteria as are set under sub-paragraph (3) in relation to legal qualifications and legal experience.

(6)The General Council may make rules as to the functions of case managers appointed under this paragraph including, without prejudice to the generality of the powers to make such rules, provision—

(a)enabling the case manager to give directions (including directions as to the adjournment of proceedings);

(b)requiring directions given by the case manager to be treated as binding except in cases or circumstances specified in the rules;

(c)(where the rules include provision by virtue of paragraph 1(4D)(a)) enabling the case manager to assess costs (or, in Scotland, to tax expenses or, in Northern Ireland, to tax costs) and requiring the case manager to have regard to a party’s ability to pay.

(7)Nothing in this paragraph prevents a Medical Practitioners Tribunal from themselves collectively conducting the management of the case before them.

(8)The General Council may pay to persons appointed under this paragraph such remuneration as the Council may determine.

(9)Rules made under this paragraph may also contain such incidental and supplementary provisions as appear to the General Council expedient.

(10)Rules under this paragraph do not come into force until approved by order of the Privy Council.]

Service of notifications of decisionsU.K.

8(1)This paragraph applies to any notice required to be served on a person under section 35C(5), (7) or (8), 35E(1), 39(2), [F22641(10) or 41A(5)] of this Act [F227or paragraph [F2285A(3), (3A) or (3E) or] 5C(3)[F229, (3A)] or (5) above] [F230or by virtue of section 35CC(6)].U.K.

(2)Any such notice may be so served—

(a)by delivering it to him;

(b)by leaving it at his proper address;

(c)by sending it by a registered post service; F231...

(d)by sending it by a postal service which provides for the delivery of the notice by post to be recorded[F232; or

(e)by sending it to an email address which the person provides for the purpose of fitness to practise proceedings]

(3)For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 in its application to this paragraph, a person’s proper address shall be—

(a)his address in the register; or

(b)if the conditions in sub-paragraph (4) below are satisfied, his last known address.

(4)The conditions are that—

(a)the person’s last known address differs from his address in the register; and

(b)it appears to the Registrar that a letter sent to the person at his last known address is more likely to reach him.

(5)For the purposes of this paragraph—

(a)the serving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and

(b)so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

[F233(6)For the purposes of this paragraph, service of a notice sent by email is effected only if there is an electronic receipt showing that the email has been opened (or if the recipient acknowledges receipt in some other way).]

Textual Amendments

Modifications etc. (not altering text)

Extension of time for appealingU.K.

9U.K.Where—

(a)any notice required by section 35E(1) or 39(2) of this Act [F234or paragraph [F2355A(3E) or] 5C(5) above] to be served on a person by the Registrar [F236or the MPTS] is served on him by sending it by post; and

(b)the Registrar is [F237or (as the case may be) the MPTS are] satisfied, on an application of that person, that the person did not receive the notice within 14 days beginning with the day of the giving of the decision to which the notification relates,

the Registrar [F238or (as the case may be) the MPTS] may, if [F239he or they think] fit, by authorisation in writing extend the time within which an appeal under section 40 of this Act [F240or paragraph [F2415A(5) or] 5C(7) above F242...] may be brought against the decision.

Textual Amendments

Taking effect of directions for erasure, suspension or conditional registration and of variations of conditions of registrationU.K.

10(1)A direction for erasure, for suspension or for conditional registration given by [F243a Medical Practitioners Tribunal] under section 35D of [F244this Act or a] variation by [F243a Medical Practitioners Tribunal] under section 35D(12) F245... shall take effect—U.K.

(a)where no appeal under section 40 is brought against the direction or variation within the time specified in that section, on the expiration of that time;

(b)where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c)where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2)Where the time for appealing against a direction or variation is extended by an authorisation under paragraph 9 above—

(a)sub-paragraph (1) shall apply to the direction as if the reference in paragraph (a) to the time specified in section 40 of this Act were a reference to that time as so extended; and

(b)if the authorisation is given after the expiration of the time specified in section 40 of this Act, the direction or variation shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.

(3)Any reference in this paragraph to a direction for suspension or for conditional registration includes a reference to a direction extending a period of suspension or conditional registration.

Textual Amendments

F244Words in Sch. 4 para. 10(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), art. 1(2)(b)(c)(3), 64(a)

F245Words in Sch. 4 para. 10(1) 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), art. 1(2)(b)(c)(3), 64(b)

[F24610A.(1)A direction for suspension or for conditional registration given by a Medical Practitioners Tribunal under paragraph 5A(3D) is to take effect—U.K.

(a)where no appeal under paragraph 5A(5) is brought against the direction within the time specified in paragraph 5A(5A), on the expiration of that time;

(b)where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c)where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2)Where the time for appealing against a direction is extended by an authorisation under paragraph 9—

(a)sub-paragraph (1) is to apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5A(5A) were a reference to that time as so extended; and

(b)if the authorisation is given after the expiration of the time specified in paragraph 5A(5A), the direction is deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph is to be construed accordingly.]

Textual Amendments

[F24710B.(1)A direction for suspension or for conditional registration given by [F248the Medical Practitioners Tribunal] under paragraph 5C(4) above shall take effect—U.K.

(a)where no appeal under paragraph 5C(7) above is brought against the direction within the time specified in paragraph 5C(8) above, on the expiration of that time;

(b)where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c)where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2)Where the time for appealing against a direction is extended by an authorisation under paragraph 9 above—

(a)sub-paragraph (1) above shall apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5C(8) above were a reference to that time as so extended; and

(b)if the authorisation is given after the expiration of the time specified in paragraph 5C(8) above, the direction shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.]

Textual Amendments

11(1)If, while a person’s registration is suspended under [F249section 35D] of this Act [F250or under paragraph [F2515A(3D) or] 5C(4) aboveF252...], a direction is given under [F253subsection (5)(a), (b) or (c)] or (8)(a) or (c) of [F254section 35D], the suspension of his registration shall continue to have effect throughout any period which may intervene between the time when, but for this sub-paragraph, the suspension of his registration would end and the time when[F255— U.K.

(a)the direction takes effect in accordance with paragraph 10, 10A or 10B above,

(b)where on an appeal under this Act against the direction the MPTS arrange for the matter to be disposed of by a Medical Practitioners Tribunal, the Tribunal dispose of the matter and their decision on doing so takes effect, or

(c)an appeal under this Act against the direction is determined (otherwise than by the dismissal of the appeal or by the disposal of the matter by a Medical Practitioners Tribunal).]

(2)If, on the determination of an appeal under section 40 of this Act, a direction extending a current period of suspension for a further period takes effect after the time when, but for sub-paragraph (1) above, the current period of suspension would have ended, that further period shall be treated as having started to run from that time.

(3)If, while a person’s registration is subject to conditions imposed under [F256section 35D] of this Act [F257or under paragraph [F2585A(3D) or] 5C(4) aboveF259...], a direction is given under subsection (10) or (12) of [F260section 35D] the conditions attached to his registration shall continue to attach to it throughout any period which may intervene between the time when, but for this sub-paragraph, his registration would cease to be conditional and the time when[F261—

(a)the direction takes effect in accordance with paragraph 10, 10A or 10B above,

(b)where on an appeal under this Act against the direction the MPTS arrange for the matter to be disposed of by a Medical Practitioners Tribunal, the Tribunal dispose of the matter and their decision on doing so takes effect, or

(c)an appeal under this Act against the direction is determined (otherwise than by the dismissal of the appeal or by the disposal of the matter by a Medical Practitioners Tribunal).]

(4)If, on the determination of an appeal under section 40 of this Act, a direction extending a current period of conditional registration for a further period takes effect after the time when, but for sub-paragraph (3) above, the current period of conditional registration would have ended, that further period shall be treated as having started to run from that time.

[F262(5)A reference in this paragraph to an appeal under this Act does not include a reference to an appeal under section 40A.]

Textual Amendments

Recording of directions for suspension or conditional registrationU.K.

12U.K.Where a direction under section 35D of this Act [F263or under paragraph [F2645A(3D) or] 5C(4) of this Schedule]F265... for suspension or for conditional registration takes effect in relation to any person the Registrar shall record in the register the fact that that person’s registration is suspended or subject to conditions.

Textual Amendments

Meaning of “party”U.K.

13U.K.In this Schedule “party”, in relation to proceedings before the Investigation Committee, [F266a Medical Practitioners Tribunal or Interim Orders Tribunal] means any person to whose registration the proceedings relate, or F267...the General Council.]

Textual Amendments

Section 49B

F268SCHEDULE 4AU.K.Directive 2005/36: functions of the General Council under section 49B(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 56(1).

SCHEDULE 5U.K. Consequential Amendments of Enactments

1U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F269

Textual Amendments

Mental Health Act M1 1959U.K.

Marginal Citations

2U.K.In the definition of “medical practitioner” in section 147(1) of the Mental Health Act 1959 for the words “the Medical Act 1956” there shall be substituted the words “ Schedule 1 to the Interpretation Act 1978 ”.

Mental Health (Scotland) Act M2 1960U.K.

Marginal Citations

3U.K.In the definition of “medical practitioner” in section 111(1) of the Mental Health (Scotland) Act 1960 for the words “the Medical Act 1956” there shall be substituted the words “ Schedule 1 to the Interpretation Act 1978 ”.

4U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F270

Textual Amendments

F270Sch. 5 para. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

Medicines Act M3 1968U.K.

Marginal Citations

5U.K.In section 132(1) of the Medicines Act 1968 for the definition of “doctor” there shall be substituted—

““doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Mines Act (Northern Ireland) 1969U.K.

6U.K.In section 158(1) of the M4Mines Act (Northern Ireland) 1969, in the definition of “doctor” for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Marginal Citations

Nurses and Midwives Act (Northern Ireland) M5 1970U.K.

Marginal Citations

7U.K.In section 54(1) of the Nurses and Midwives Act (Northern Ireland) 1970, in the definition of “doctor” for the words “the Medical Acts 1956 to 1969” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Nursing Homes and Nursing Agencies Act (Northern Ireland) M6 1971U.K.

Marginal Citations

8U.K.In section 20 of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971, in the definition of “fully registered person” for the words “section 54(1) of the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Misuse of Drugs Act M7 1971U.K.

Marginal Citations

9U.K.In section 37(1) of the Misuse of Drugs Act 1971 for the definition of “doctor” there shall be substituted—

““doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Health and Personal Social Services (Northern Ireland) Order M8 1972U.K.

Marginal Citations

10U.K.In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972, in the definition of “medical practitioner” for the words “the Medical Acts 1956 to 1969” there shall be substituted the words “ the Medical Act 1983 ”.

Finance Act M9 1972U.K.

Marginal Citations

11U.K.In the Finance Act 1972—

(a)in Schedule 4 in Note (2)(a) to Group 14 and in Schedule 5 in Note (2) to Group 7 for the words “paragraph (3) of Article 7 of the Medical Qualifications (EEC Recognition) Order 1977” and “that Article” there shall be substituted respectively the words “ subsection (3) of section 18 of the Medical Act 1983 ” and “ that section ”; and

(b)Note (2)(b) to the said Group 14 and Note (4) to the said Group 7 shall cease to have effect.

Poisons Act M10 1972U.K.

Marginal Citations

12U.K.In section 11(2) of the Poisons Act 1972 for the definition of “doctor” there shall be substituted—

““doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Births and Deaths Registration (Northern Ireland) Order M11 1976U.K.

Marginal Citations

13U.K.In Article 2(2) of the Births and Deaths Registration (Northern Ireland) Order 1976, in the definition of “registered medical practitioner” for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Pharmacy (Northern Ireland) Order 1976U.K.

14U.K.In Article 23 of the M12Pharmacy (Northern Ireland) Order 1976 for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Marginal Citations

Poisons (Northern Ireland) Order M13 1976U.K.

Marginal Citations

15U.K.In Article 2(2) of the Poisons (Northern Ireland) Order 1976, in the definition of “fully registered person” for the words “section 54(1) of the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

National Health Service Act M14 1977U.K.

Marginal Citations

16U.K.In the National Health Service Act 1977—

F271(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F272(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

National Health Service (Scotland) Act M15 1978U.K.

Marginal Citations

17U.K.In the National Health Service (Scotland) Act 1978—

(a)in section 19(7) for the words “section 8(1) or (2) of the Medical Act 1978”, “section 9(1)” and “section 13(3)(b)” there shall be substituted respectively the words “ section 37(1) or (2) of the Medical Act 1983 ”, “ section 38(1) ” and “ section 42(3)(b) ”; and

(b)in section 108(1) for the definition of “medical practitioner” there shall be substituted—

““medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978”.

Interpretation Act M16 1978U.K.

Marginal Citations

18U.K.In Schedule 1 to the Interpretation Act 1978, in the definition of “registered medical practitioner”, for the words “the Medical Act 1956” there shall be substituted the words “ the Medical Act 1983 ”.

19U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F273

Textual Amendments

Section 56.

SCHEDULE 6U.K. Transitional and Saving Provisions

1U.K.Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.

2U.K.Where, apart from this paragraph, anything done under or for the purposes of any enactment which is repealed by this Act would cease to have effect by virtue of that repeal it shall have effect as if it had been done under or for the purposes of the corresponding provision of this Act.

3E+W+SNotwithstanding the repeal by this Act of section 57(3) of the 1956 Act, anything continued in force by that section shall continue in force following that repeal and so far as it could have been made, given or done under this Act shall have effect as if it had been so made, given or done.

4U.K.The repeal of section 4 of the 1978 Act by this Act shall not affect the operation of [F274Article] 3 of the M17Irish Republic (Termination of 1927 Agreement) Order 1979 but after the commencement of this Act, except where the context otherwise requires, the references in [F274that Article] to provisions of the 1956 Act shall have effect as references to the corresponding provisions of this Act.

Textual Amendments

Marginal Citations

5U.K.Nothing in the repeals made by this Act shall affect any registration or entry or note in a register which has effect by virtue of any enactment repealed by this Act.

6U.K.References in any enactment, instrument or other document passed or made before 23rd February 1951 to the General Council of Medical Education and Registration of the United Kingdom shall be construed as references to the General Council.

7U.K.References (however worded) to the general register kept for the purposes of the 1956 Act in any Act or instrument passed or made before 26th January 1979 shall be construed as references to the register of medical practitioners.

8U.K.The reference in section 31(8) of this Act to a person whose name has been erased from the register by virtue of section 30(5) of this Act shall include references to a person whose name has been erased from the register by virtue of section 3(5) of the M18Medical Act 1969, or section 41(7) of the 1956 Act or the corresponding enactment repealed by that Act.

Marginal Citations

9U.K.A person who immediately before the commencement of section 11 of the Medical Act 1969 held an additional qualification within the meaning of section 8 of the 1956 Act as originally enacted shall, if registered under section 3 of this Act or on becoming so registered, be entitled to have the qualification registered; and if he is not registered under section 3 of this Act that qualification shall confer on him the same right to registration under that section as a primary United Kingdom qualification.

10U.K.Any reference to infamous conduct in any professional respect in any enactment passed, or in any instrument made, before 1st April 1970 shall, in so far as it relates to the conduct of medical practitioners, be construed as, or as including, a reference to serious professional misconduct.

11(1)In any enactment passed before 1st January 1979 the expression “legally qualified medical practitioner”, or “duly qualified medical practitioner”, or any expression importing a person recognised by law as a medical practitioner or member of the medical profession, shall, unless the contrary intention appears, be construed to mean a [F275registered medical practitioner] [F276who holds a licence to practise].U.K.

(2)In any enactment passed before 1st January 1979 references (however expressed) to a person registered under the Medical Acts or as a medical practitioner shall, unless the contrary intention appears, be construed as references to a [F275registered medical practitioner] [F277who holds a licence to practise].

Textual Amendments

F275Words in Sch. 6 para. 11(1)(2) 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(8) (with Sch. 2)

12U.K.Any direction given or order made under sections 32 to 38 of or Schedule 4 to the 1956 Act or section 15 or 16 of the M19Medical Act 1969 which had taken effect before 1st August 1980 and was in force immediately before that day shall, if it could be given or made under a provision of this Act have effect on and after that day as if given or made under that provision of this Act and sections 36, 38, 40 and 41 of this Act shall apply accordingly.

Marginal Citations

13U.K.Any reference in any instrument to the Disciplinary Committee or to any provision repealed by section 6(4)(a) of the 1978 Act shall be construed as a reference to the Professional Conduct Committee or to the provision of this Act which corresponds to that repealed provision.

F27814U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

15U.K.In relation to any person who was provisionally registered under section 17 of the 1956 Act immediately before section 16 of the 1978 Act came into operation—

(a)section 15 of the 1956 Act shall continue to have effect as it had immediately before that date;

(b)section 10 of this Act shall not have effect; and

(c)the remaining provisions of this Act shall have effect as if references to or to the provisions of section 10 of this Act were references to or to the provisions of section 15 of the 1956 Act.

16U.K.The decisions within section 29(2) of this Act shall include those which were within subsection (2) of section 28 of the 1978 Act immediately before the commencement of this Act other than those to which subsection (3) of that section applied.

17U.K.Section 41 of this Act applies to a person whose name has been erased from the register under section 33 of the 1956 Act or any corresponding enactment repealed by that Act as it applies to a person whose name is erased under section 36 of this Act.

18U.K.Until provision is made with respect to proceedings before the Professional Conduct Committee under section 44 of this Act, rules made or having effect as if made under F279... paragraph 1 of Schedule 4 to this Act, so far as relating to proof of criminal convictions, shall be applied with any necessary modifications to proof of a disqualifying decision.

Textual Amendments

19U.K.Section 53 of this Act shall apply to a copy of any document to which section 51 of the 1956 Act applied immediately before the commencement of this Act as if such documents were mentioned in subsection (2) of that section.

20(1)A person registered under section 23 of the 1956 Act shall be deemed to be provisionally registered within the meaning of this Act and the definitions in section 55 of this Act of “provisionally registered” and “a fully registered person” shall have effect accordingly.U.K.

(2)Without prejudice to sub-paragraph (1) above—

(a)sections 30(1)(a) and (b) and 31(4) of this Act shall have effect as if after the words “section 15 above” there were inserted the words “or section 23 of the Medical Act 1956”;

(b)section 34(4) of this Act shall have effect as if there were inserted at the end the words “or section 23 of the Medical Act 1956”; and

(c)section 41(3) of this Act shall apply to a person who was provisionally registered under section 23 of the 1956 Act as it applies to a person provisionally registered under section 21 of this Act.

21U.K.The re-enactment in paragraph 2(2) of Schedule 1 to this Act of section 1(5) of the 1978 Act shall not oblige the General Council to make a new electoral scheme any earlier than they would otherwise have done so.

22U.K.Nothing in this Act shall affect the validity of the standing orders of the General Council in force immediately before 27th September 1979 and those orders shall have effect as if made under paragraph 15 of Schedule 1 to this Act.

F28023U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F280Sch. 6 para. 23 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), art. 1(2)(b)(c)(3), 19

24(1)Where immediately before the commencement of this Act paragraph 9 of Schedule 5 to the 1978 Act applied to a person, after the commencement of this Act—U.K.

(a)he shall be treated as having been registered under section 19 of this Act as a fully registered medical practitioner; and

(b)any qualifications of his registered under section 18 of the 1956 Act shall be treated as having been registered under section 26 of this Act as if they were recognised overseas qualifications.

(2)Sections 22 and 23 of the 1956 Act shall, notwithstanding their repeal by the 1978 Act, continue to have effect in relation to persons who were registered under section 23 immediately before the repeal; and a person who was so registered shall, on satisfying the General Council of the matters specified in paragraph (a), (b) or (c) of section 22(2) of the 1956 Act, be entitled to be registered under section 19 of this Act as a fully registered medical practitioner and to have registered under section 26 of this Act as if they were recognised overseas qualifications any qualifications which he would have been entitled to have had registered under section 18 of the 1956 Act.

(3)Where immediately before the commencement of this Act paragraph 11(b) of Schedule 5 to the 1978 Act applied to any person he shall be treated for the purposes of sub-paragraph (2) above as having been registered under section 23 of the 1956 Act immediately before its repeal.

(4)Where immediately before the commencement of this Act paragraph 12 of Schedule 5 to the 1978 Act applied to any person, he shall be entitled to be registered under section 19 of this Act as a fully registered medical practitioner and to have registered under section 26 of this Act as if they were recognised overseas qualifications any qualifications which he would have been entitled to have registered by virtue of that paragraph.

(5)Any person who immediately before the commencement of this Act was treated by virtue of paragraph 13 of Schedule 5 to the 1978 Act as registered under section 18 of that Act shall after the commencement of this Act be treated as registered under section 19 of this Act as a fully registered medical practitioner.

SCHEDULE 7U.K.

Part IU.K. Enactments Repealed

ChapterShort TitleExtent of Repeal
4 & 5 Eliz. 2. c. 76.The Medical Act 1956.The whole Act.
5 & 6 Eliz. 2. c. 28.The Dentists Act 1957.In section 2(4) the words “subject to the next following subsection”.
Section 2(5).
6 & 7 Eliz. 2. c. 58.The Medical Act 1956 (Amendment) Act 1958.The whole Act.
10 & 11 Eliz. 2. c. 23.The South Africa Act 1962.In Schedule 3, paragraph 3.
1966 c. 13.The Universities (Scotland) Act 1966.In Schedule 6, paragraph 20.
1969 c. 40.The Medical Act 1969.The whole Act.
1972 c. 41.The Finance Act 1972.In Schedule 4, Note (2)(b) to Group 14.
In Schedule 5, Note (4) to Group 7.
1973 c. 48.The Pakistan Act 1973.In Schedule 3, paragraph 4(a).
1973 c. 49.The Bangladesh Act 1973.In the Schedule, paragraph 12.
1977 c. 49.The National Health Service Act 1977.In Schedule 14, in paragraph 13(1)(b), the reference to paragraph 69 of the National Health Service Reorganisation Act 1973.
In Schedule 15, paragraph 14.
1978 c. 12.The Medical Act 1978.The whole Act.
1978 c. 29.The National Health Service (Scotland) Act 1978.In Schedule 16, paragraph 9.
1981 c. 54.The [F149Senior Courts Act 1981].In Schedule 5, the entries relating to the Medical Act 1956 and the Medical Act 1978.
1983 c. 41.The Health and Social Services and Social Security Adjudications Act 1983.In Schedule 6, paragraph 1.

Part IIU.K. Revocation

ReferenceTitleExtent of Revocation
S.I. 1977 No. 827.Medical Qualifications (EEC Recognition) Order 1977.Articles 3, 4, 7 and 8.
S.I. 1980 No. 872.General Medical Council (Qualifying Examinations) (University of Leicester) Order 1980.The whole order.
S.I. 1980 No. 1721.Medical, Nursing and Dental Qualifications (EEC Recognition) (Greek Qualifications) Order 1980.Article 2.
S.I. 1982 No. 1076.Medical, Nursing, Dental and Veterinary Qualifications (EEC Recognition) Order 1982.Article 2(1).

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