Medical Act 1983

Changes over time for: Section 40

Version Superseded: 01/04/2003

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40 Appeals.U.K.

(1)The following decisions are appealable decisions for the purposes of this section, that is to say—

(a)a decision of the Professional Conduct Committee under section 36 above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;

[F1(aa)a decision of the Committee on Professional Performance under section 36A above giving a direction for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration; or]

(b)a decision of the Health Committee under section 37 above giving a direction for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration; or

(c)a decision of the General Council under section 39 above giving a direction for erasure [F2; or]

[F2(d)a decision of the Professional Conduct Committee under section 41(6) giving a direction that the right to make further applications under that section shall be suspended indefinitely; or

F2(e)a decision of the General Council under section 45(6) giving a direction that the right to make further applications under that section shall be suspended indefinitely.]

(2)In subsection (1) above the references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.

(3)Any person in respect of whom an appealable decision has been taken may, within twenty-eight days of the service of the notification of the decision under section 36(6) [F3, 36A(7)], 37(6) [F4, 39(2), 41(7) or 45(7)] above appeal against the decision in accordance with this section.

(4)In the case of an appealable decision—

(a)of the Professional Conduct Committee under section 36 above;

[F5(aa)of the Committee on Professional Performance under section 36A above;]

(b)of the Health Committee under section 37 above; F6. . .

(c)of the General Council under section 39 above directing that an entry be erased because it has been fraudulently procured,

[F7F7(d)of the Professional Conduct Committee under section 41(6); or

F7(e)of the General Council under section 45(6),]

an appeal under this section shall lie to Her Majesty in Council subject, however, to subsection (5) below and to such rules as Her Majesty in Council may by Order provide for the purpose of regulating appeals under this section.

(5)No appeal under this section shall lie from a decision of the [F8Committee on Professional Performance or the]Health Committee except on a question of law.

(6)The M1Judicial Committee Act 1833 shall apply in relation to the Professional Conduct Committee, [F9the Committee on Professional Performance,]the Health Committee and the General Council as it applies in relation to any court from which an appeal lies to Her Majesty in Council.

(7)Without prejudice to the application of that Act, on an appeal under this section to Her Majesty in Council from the Professional Conduct Committee [F10, the Committee on Professional Performance] or the Health Committee the Judicial Committee may, in their report, recommend to Her Majesty in Council—

(a)that the appeal be dismissed;

(b)that the appeal be allowed and the direction or variation questioned by the appeal quashed;

(c)that such other direction or variation as the Professional Conduct Committee [F10, the Committee on Professional Performance]or, as the case may be, the Health Committee could have given or made be substituted for the direction or variation questioned by the appeal; or

(d)that the case be remitted to the Professional Conduct Committee [F10, the Committee on Professional Performance] or, as the case may be, the Health Committee for that Committee to dispose of the case under section 36 [F11, 36A] or 37 above in accordance with the directions of the Judicial Committee.

(8)On an appeal under this section to Her Majesty in Council from the General Council the Judicial Committee may, in their report, recommend—

(a)that the appeal be dismissed;

(b)that the appeal be allowed and the direction questioned by the appeal quashed; or

(c)that the case be remitted to the General Council for that Council to dispose of the case under section 39 above in accordance with the directions of the Judicial Committee.

(9)In the case of an appealable decision of the General Council under section 39 above other than a decision falling within subsection (4)(c) above an appeal under this section shall lie to the Privy Council.

(10)On an appeal under this section to the Privy Council the Privy Council may—

(a)dismiss the appeal; or

(b)allow the appeal and quash the direction questioned by the appeal.

(11)On an appeal under this section from the Professional Conduct Committee [F12, the Committee on Professional Performance] or the Health Committee the General Council may appear as respondent; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.

Textual Amendments

F1S. 40(1)(aa) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(2); S.I. 1997/1315, art. 2

F2S. 40(1)(d)(e) and word “or” immediately preceding added (3.8.2000) by S.I. 2000/1803, art. 8(a)

F3Words in s. 40(3) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(3); S.I. 1997/1315, art. 2

F4Words in s. 40(3) substituted (3.8.2000) by S.I. 2000/1803, art. 8(b)

F5S. 40(4)(aa) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(4); S.I. 1997/1315, art. 2

F6Word in s. 40(4)(b) omitted (3.8.2000) by virtue of S.I. 2000/1803, art. 8(c)

F7S. 40(4)(d)(e) added (3.8.2000) by S.I. 2000/1803, art. 8(c)

F8Words in s. 40(5) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(5); S.I. 1997/1315, art. 2

F9Words in s. 40(6) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(6); S.I. 1997/1315, art. 2

F10Words in s. 40(7) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(7)(a); S.I. 1997/1315, art. 2

F11Word in s. 40(7)(d) inserted (1.7.1997) by 1995 c. 51, s. 4, Sch. para. 8(7)(b); S.I. 1997/1315, art. 2