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U.K.

Medical Act 1983

1983 CHAPTER 54

An Act to consolidate the Medical Acts 1956 to 1978 and certain related provisions, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.

[26th July 1983]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act: power to modify conferred (15.3.2000) by 1999 c. 8, s. 60(1)(2)(a)(4), Sch. 3; S.I. 2000/779, art. 2(1)

Part IU.K. Preliminary

The General Medical CouncilU.K.

1 The General Medical Council.U.K.

(1)There shall continue to be a body corporate known as the General Medical Council (in this Act referred to as “the General Council”) having the functions assigned to them by this Act.

[F1(1A)The over-arching objective of the General Council in exercising their functions is the protection of the public.

(1B)The pursuit by the General Council of their over-arching objective involves the pursuit of the following objectives—

(a)to protect, promote and maintain the health, safety and well-being of the public,

(b)to promote and maintain public confidence in the medical profession, and

(c)to promote and maintain proper professional standards and conduct for members of that profession.]

[F2(2)The General Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1 to this Act.]

[F3(3)The General Council shall have the following committees—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)one or more [F6Registration Panels],

(d)one or more Registration Appeals Panels,

(e)the Investigation Committee,

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(g)the Medical Practitioners Tribunal Service (“the MPTS”),]

[F8(h)one or more Medical Practitioners Tribunals,

(i)one or more Interim Orders Tribunals,]

constituted in accordance with Part III of Schedule 1 to this Act and having the functions assigned to them by or under this Act.

(3A)The committees of the General Council specified in F9...subsection (3) above are referred to in this Act as “the statutory committees”.]

(4)Schedule 1 to this Act shall have effect with respect to the General Council, its branch councils and committees, its proceedings, its officers and its accounts.

Textual Amendments

F3S. 1(3)(3A) substituted for s. 1(3) (1.11.2004 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(2) (with Sch. 2)

F6Words in s. 1(3)(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(1)(a)

2 Registration of medical practitioners.U.K.

(1)There shall continue to be kept by the registrar of the General Council (in this Act referred to as “the Registrar”) [F10a register] of medical practitioners registered under this Act containing the names of those registered and the qualifications they are entitled to have registered under this Act.

(2)The [F11register referred to is] “the register of medical practitioners” consisting of [F12the following lists]

(a)the principal list,

[F13(aa)if anyone is registered under section 18A, the emergency powers doctors list,]

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the visiting overseas doctors list, and

[F15(d)the list of visiting medical practitioners from relevant European States]

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Medical practitioners shall be registered as fully registered medical practitioners or provisionally F17... as provided in Parts II and III of this Act and in the appropriate list of the register of medical practitioners F18... as provided in Part IV of this Act.

[F19(4)Section 35C(2)(da) (the necessary knowledge of English) shall not apply in determining whether a person’s fitness to practise is impaired for the purposes of registration under this Act.]

Textual Amendments

F10Words in s. 2(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), 4(a) (with arts. 84, 85)

F11Words in s. 2(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), 4(b)(i) (with arts. 84, 85)

F14S. 2(2)(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(1)(b) (with Sch. 2)

F16Words in s. 2(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 4(b)(ii) (with arts. 84, 85)

F17Words in s. 2(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), 4(c)(i) (with arts. 84, 85)

F18Words in s. 2(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), 4(c)(ii) (with arts. 84, 85)

Part IIU.K. Medical Education and Registration: Persons Qualifying in the United Kingdom and Elsewhere in the EEC.

3 Registration by virtue of primary United Kingdom or primary European qualifications.U.K.

(1)Subject to the provisions of this Act any person [F20whose fitness to practise is not impaired and] who—

[F21(a)holds one or more primary United Kingdom qualifications and has satisfactorily completed an acceptable programme for provisionally registered doctors; or]

(b)being a national of [F22any relevant European State], holds one or more primary European qualifications,

is entitled to be registered under this section as a fully registered medical practitioner.

(2)Any person who—

(a)is not a national of [F23a relevant European State]; but

[F24(b)is, by virtue of an enforceable [F25EU] right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State,]

shall be treated for the purposes of subsection (1)(b) above as if he were such a national.

F26(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Words in s. 3(1) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 45

F21S. 3(1)(a) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 20

4 Qualifying examinations and primary United Kingdom qualifications.U.K.

[F27(1)Subject to the provisions of this Part of this Act, a qualifying examination for the purposes of this Part of this Act is an examination held for the purpose of granting one or more primary United Kingdom qualifications by any one of the bodies or combinations of bodies in the United Kingdom which are included in a list maintained by the General Council of the bodies and combinations of bodies entitled to hold such examinations.

(1A)The General Council may from time to time amend the list.

(1B)The list maintained under subsection (1) shall be published in such manner as the General Council see fit.

(1C)The General Council shall only include in the list maintained under subsection (1) bodies or combinations of bodies that require from candidates at examinations a standard of proficiency that conforms to the prescribed standard of proficiency.

(1D)If the General Council have formed the provisional opinion that a body or combination of bodies included in the list maintained under subsection (1) should be removed from the list, they shall notify that opinion in writing to the body or combination of bodies concerned and shall allow them a reasonable opportunity to respond before determining whether or not to remove the body or combination of bodies from the list.]

(3)In this Act “primary United Kingdom qualification” means any of the following qualifications, namely—

(a)the degree of bachelor of medicine or bachelor of surgery granted by [F28a body or combination of bodies included in the list maintained under subsection (1)];

(b)licentiate of the Royal College of Physicians of London [F29or the Royal College of Surgeons of England] or the Royal College of Physicians of Edinburgh or the Royal College of Surgeons of Edinburgh or the Royal College (formerly Royal Faculty) of Physicians and Surgeons of Glasgow;

(c)membership of the Royal College of Surgeons of England [F29granted before the coming into force of section 1 of the Medical Qualifications (Amendment) Act 1991];

(d)licentiate in medicine and surgery of the Society of Apothecaries of London.

(4)Any two or more of the [F30bodies and combinations of bodies included in the list maintained under subsection (1)] may, with the approval and under the directions of [F31the General Council], unite or co-operate in conducting examinations held for the purpose of granting primary United Kingdom qualifications.

[F32(4A)If a body or combination of bodies is removed from the list maintained under subsection (1), primary United Kingdom qualifications granted by that body or combination of bodies during the period in respect of which it was on the list are still to be considered primary United Kingdom qualifications after that removal.]

F33(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 General functions of [F31the General Council] in relation to medical education in the United Kingdom.U.K.

(1)[F31The General Council] shall have the general function of promoting high standards of medical education and co-ordinating all stages of medical education.

(2)For the purpose of discharging that function [F31the General Council] shall—

(a)determine the extent of the knowledge and skill which is to be required for the granting of primary United Kingdom qualifications and secure that the instruction given [F34in or under the direction of bodies or combinations of bodies] in the United Kingdom to persons studying for such qualifications is sufficient to equip them with knowledge and skill of that extent;

(b)determine the standard of proficiency which is to be required from candidates at qualifying examinations and secure the maintenance of that standard; and

[F35(c)discharge their functions under section 10A below in respect of programmes for provisionally registered doctors.]

[F36(2A)In making the determinations required by [F37subsection (2)(a) or (b) above or discharging their functions mentioned in subsection (2)(c) above,] [F31the General Council] shall secure that the requirements of [F38article 24 of the Directive (basic medical training)] are satisfied.

F39(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

[F40(3)Determinations of [F31the General Council] under subsection (2)(a) or (b) above shall be published in such manner as they see fit.

(3A)Such determinations—

(a)are binding on [F41bodies or combinations of bodies] concerned with medical education as regards the matters to which they relate; and

(b)accordingly, those [F41bodies or combinations of bodies] must act in accordance with them as regards the matters to which they relate.]

(4)In this Act—

  • [F42the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No. L255, 30.09.2005, p.22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision of the Directive, as amended from time to time;]

  • the prescribed knowledge and skill” means knowledge and skill of the extent for the time being determined under subsection (2)(a) above and [F43set out in determinations published] under subsection (3) above;

  • the prescribed standard of proficiency” means the standard of proficiency for the time being determined under subsection (2)(b) above and [F44set out in determinations published] under subsection (3) above;

  • F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35S. 5(2)(c) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(a)

F36S. 5(2A)(2B) inserted (10.7.1996) by S.I. 1996/1591, reg. 3(2)

F37Words in s. 5(2A) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(b)

F40S. 5(3)(3A) substituted for s. 5(3) (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(c)

F43Words in s. 5(4) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(d)(i)

F44Words in s. 5(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(d)(ii)

F45Words in s. 5(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 21(d)(iii)

6 Further powers of [F31the General Council].U.K.

(1)A [F46body or combination of bodies] in the United Kingdom granting any primary United Kingdom qualification or any additional qualification for the time being registrable under section 16 below shall from time to time, when so required by [F31the General Council], furnish [F47the General Council] with such information as [F47the General Council] may require as to—

(a)the courses of study and examinations to be gone through in order to obtain the qualification;

(b)the ages at which such courses of study and examinations are required to be gone through;

(c)the age at which the qualification is granted; and

(d)generally the requisites for obtaining the qualification.

(2)For the purpose of securing the maintenance of the prescribed standard of proficiency [F31the General Council] may appoint such number of inspectors as they may determine, and the inspectors shall attend, as [F47the General Council] may direct, all or any of the qualifying examinations held by any [F48body or combination of bodies included in the list maintained under section 4(1)].

(3)Any person deputed for the purpose by [F31the General Council] may attend and be present at any examination held in the United Kingdom which has to be gone through in order to obtain a primary United Kingdom qualification or any additional qualification for the time being registrable under section 16 below.

(4)Inspectors appointed under subsection (2) above shall not interfere with the conduct of any examination, but it shall be their duty to report to [F31the General Council] their opinion as to the sufficiency of every examination which they attend, and any other matters relating to such examinations which [F47the General Council] may require them to report.

(5)[F31The General Council] shall forward a copy of every report of the inspectors to the body or each of the bodies who held the examination to which the report relatesF49....

7 Power to appoint visitors of medical schools.U.K.

(1)[F31The General Council] may appoint persons to visitF50... places where instruction is given to medical students under the direction of any [F51body or combination of bodies included in the list maintained under section 4(1)].

(2)It shall be the duty of visitors appointed under subsection (1) above to report to [F31the General Council] as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by [F47the General Council] either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.

(3)On the receipt of any report of a visitor under subsection (2) above [F31the General Council] shall send a copy of the report to the [F52body or combination of bodies] under whose direction the instruction is given, and on the receipt of the copy that body [F53or combination of bodies] may, within such period of not less than one month as [F47the General Council] may have specified at the time they sent the copy of the report, make to [F47the General Council] observations on the report or objections to it.

F54(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F558 Power to add further qualifying examinations.U.K.

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

F569 Powers of Privy Council where standards not maintained.U.K.

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

F5710 Experience required for full registration by virtue of primary United Kingdom qualifications.U.K.

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

Textual Amendments

F57S. 10 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23 (with transitional provisions in S.I. 2007/1886, arts. 1(1), 2)

[F5810AProgrammes for provisionally registered doctorsU.K.

(1)For the purposes of this Act, “acceptable programme for provisionally registered doctors” means a programme that is for the time being recognised by [F59the General Council] as providing a provisionally registered person with an acceptable foundation for future practice as a fully registered medical practitioner.

(2)In connection with recognising programmes for provisionally registered doctors as mentioned in subsection (1) above, [F60the General Council] may determine—

(a)the duration of a programme for provisionally registered doctorsF61...;

(b)the bodies that may provide, arrange for the provision of or be responsible for programmes for provisionally registered doctors and (where different) the bodies by whom a person is to be employed or engaged while he is participating in a programme for provisionally registered doctors;

(c)the content and standard of programmes for provisionally registered doctors;

(d)activities which a person is, or is not, to engage in as part of or while participating in a programme for provisionally registered doctors;

(e)the arrangements for certification that a person has satisfactorily completed a programme for provisionally registered doctors, including—

(i)determining the bodies that may certify that a person has satisfactorily completed a programme for provisionally registered doctors,

(ii)determining assessment arrangements and the standards required for certification, and

(iii)determining the form of the certificate of experience to be awarded on satisfactory completion of a programme for provisionally registered doctors; and

(f)arrangements for a person with a disability not to be disadvantaged unfairly by the disability when participating in a programme for provisionally registered doctors.

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Determinations of [F63the General Council] under subsection (2) above shall be published in such manner as they see fit.

(5)Such determinations—

(a)are binding on bodies concerned with programmes for provisionally registered doctors as regards the matters to which they relate; and

(b)accordingly, those bodies must act in accordance with them as regards the matters to which they relate.

F64(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purpose of—

(a)determining whether any programme for provisionally registered doctors should for the time being be recognised; or

(b)making any determination in connection with a body mentioned in subsection (2),

[F65the General Council] may appoint persons to consider programmes for provisionally registered doctors, to visit the bodies mentioned in subsection (2) and to report to [F65the General Council] on those programmes and those bodies.

(8)If [F66the General Council] have formed the provisional opinion—

(a)that a programme for provisionally registered doctors that has been recognised by them should no longer be recognised by them, they shall notify that opinion in writing to any body, mentioned in subsection (2), that is connected with that programme and shall allow that body a reasonable opportunity to respond before determining whether or not to end their recognition of that programme; or

(b)that a determination under subsection (2)(b) or (e)(i) should be revoked, they shall notify that opinion in writing to the body in respect of whom the determination was made and shall allow that body a reasonable opportunity to respond before determining whether or not to revoke that determination.]

Textual Amendments

F58S. 10A inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 24

[F6710B.Professional traineeships carried out in other relevant European States, etc.U.K.

(1)If an acceptable programme for provisionally registered doctors includes a requirement to carry out a professional traineeship of a particular standard, a professional traineeship of an equivalent standard that has been carried out in a relevant European State other than the United Kingdom, by a person who is a national of a relevant European State and who holds a primary United Kingdom qualification, is treated as meeting that requirement.

(2)The General Council must publish guidelines on the organisation and recognition of professional traineeships carried out in relevant European States (including, in particular, guidelines on the role of the supervisor of the professional traineeship).

(3)Any person who—

(a)is not a national of a relevant European State; but

(b)is, by virtue of any enforceable EU right, entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

must be treated for the purposes of subsection (1) as if the person were such a national.]

F6811 Provisions supplementary to s. 10, etc.E+W+S

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

Textual Amendments

F68S. 11 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23

F6912 Special provisions as to employment in health centres.U.K.

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

Textual Amendments

F69S. 12 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23

F7013 Power to appoint visitors of approved hospitals.U.K.

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

Textual Amendments

F70S. 13 repealed (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 23

14 Alternative requirements as to experience in certain cases.U.K.

[F71(1)On an application made to them by a person to whom this section applies, the General Council may direct that, as an alternative to the satisfactory completion of an acceptable programme for provisionally registered doctors, it shall be sufficient for the applicant to satisfy the General Council that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors.]

(2)This section applies to any person who claims registration under section 3 above and—

(a)claims such registration by virtue of a qualification granted before 1st January 1953; or

(b)is the holder of a primary United Kingdom qualification and also of a qualification granted outside the United Kingdom which is recognised by the General Council for the purposes of this section as furnishing a sufficient guarantee of the possession of knowledge and skill corresponding with the prescribed knowledge and skill.

[F72(3)In giving directions under subsection (1) above in the case of applicants falling within paragraph (b) of subsection (2) above, the General Council shall have regard to the requirements of [F73article 24 of the Directive (basic medical training)].]

[F74(4)Subsection (5) applies if—

(a)a person within subsection (2)(b) who is a national of a relevant European State makes an application under subsection (1); and

(b)the person has carried out a professional traineeship, all or part of which was carried out in a third country.

(5)The General Council must take the professional traineeship into account in exercising its functions under subsection (1).

(6)The General Council must publish guidelines on the organisation and recognition of professional traineeships carried out in third countries (including, in particular, guidelines on the role of the supervisor of the professional traineeship).

(7)Any person who—

(a)is not a national of a relevant European State; but

(b)is, by virtue of any enforceable EU right, entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

must be treated for the purposes of subsections (4) and (5) as if the person were such a national.]

Textual Amendments

F71S. 14(1) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 25

F72S. 14(3) inserted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 5

[F7514AFull registration of EEA nationals etc without certain acquired rights certificatesU.K.

(1)A person who is a national of a relevant European State—

(a)whose case falls within regulation [F763(8)(a)] of the General Systems Regulations,

(b)to whom regulations [F7727 to 34] of those Regulations apply by reason of the operation of regulation [F783(5)] of those Regulations,

(c)who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

(d)whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.

(2)Any person who—

(a)is not a national of a relevant European State; but

(b)is, by virtue of any enforceable [F25EU] right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1) as if he were such a national.]

[F7915 Provisional registration.U.K.

(1)This section shall have effect for enabling persons wishing to complete an acceptable programme for provisionally registered doctors to participate in such a programme.

(2)A person shall be entitled to be registered provisionally under this section if—

(a)he has not satisfactorily completed an acceptable programme for provisionally registered doctors; but

(b)apart from that he would be entitled to be registered under section 3 above.

(3)A person provisionally registered under this section shall be deemed to be registered under section 3 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F79S. 15 substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 26

[F8015AProvisional registration for EEA nationals [F81etc] U.K.

(1)This section shall have effect for enabling a national of [F82a relevant European State] to be employed for the purpose of enabling him to acquire the clinical experience under appropriate supervision which he needs in order to obtain a primary European qualification.

(2)A national of [F83a relevant European State] who, but for the acquisition of suitable clinical experience, has completed the training required for a primary European qualification, shall be entitled to be registered provisionally under this section [F84if his fitness to practise is not impaired].

(3)Any person who—

(a)is not a national of [F85a relevant European State]; but

(b)is, by virtue of [F86any enforceable [F25EU] right], entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

shall be treated for the purposes of subsections (1) and (2) as if he were such a national.

(4)Subsection (3) of section 15 above shall apply for the purposes of this section as it applies for the purposes of that.

(5)For the purposes of subsection (2), a person has completed the training required for a primary European qualification, but for the acquisition of suitable clinical experience, where he has obtained a medical degree which guarantees that he has fulfilled the requirements of [F87paragraph 3(a), (b) and (c) of article 24 of the Directive (basic medical training)].]

Textual Amendments

F80S. 15A inserted (4.12.2000) by S.I. 2000/3041, reg. 3

F84Words in s. 15A(2) added (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 46

16 Registration of qualifications.U.K.

(1)A person registered under [F88section 3, [F8914A,] 15 or 15A] above [F90or 18A below] shall be entitled to have registered [F91any primary United Kingdom] qualification or qualifications or primary European qualification or qualifications which he holds when he is so registered and also—

(a)any other primary United Kingdom qualification or qualification specified in [F92Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)] which he obtains after registration;

(b)subject to subsection (3) below, any additional qualification which [F31the General Council] determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c)any F93. . . qualification which is for the time being registrable by virtue of section 26(1)(b) below which he holds when he is registered or obtains thereafter.

(2)In this Act “additional qualification” means any qualification granted in [F94a relevant European State] other than a primary United Kingdom qualification or a qualification specified in [F95Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)].

(3)If [F31the General Council] determine that any such qualification as is mentioned in paragraph (b) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

[F9617 Primary qualifications obtained in other [F97relevant European States].U.K.

(1)A primary European qualification for the purposes of this Part of this Act is any of the following obtained in [F98a relevant European State] other than the United Kingdom, namely—

[F99(a)a qualification listed in Annex V, point 5.1.1 of the Directive which was obtained in a relevant European State on or after the reference date and is not evidence of training commenced by the holder before that date, provided that that qualification is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”;

(b)subject to compliance with subsection (2) below, a qualification listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;

(ba)subject to compliance with subsection (2A) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained on or after the reference date and is not evidence of training commenced by the holder before that date;

(c)subject to compliance with subsection (3) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;]

(d)subject to compliance with subsection (4) below, a qualification which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.

[F100(e)subject to compliance with subsection (4A) below, a qualification which—

(i)is evidence of training commenced before the date specified in column (a) of the table in that subsection and undertaken on the territory specified in the corresponding entry in column (b) of that table, or

(ii)was awarded by [F101the former state] specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).]

[F102(2)For compliance with this subsection in the case of any qualification, either—

(a)evidence of the qualification must be—

(i)such that the Registrar is satisfied (by means of a certificate of a competent authority of the relevant European State in which it was obtained or otherwise) that it accords with the standards laid down by article 24 of the Directive (basic medical training), and

(ii)accompanied, where appropriate, by the certificate listed in relation to the State in which the qualification was obtained in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; or

(b)evidence of the qualification must be accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in medical practice in that State for at least three consecutive years during the five years preceding the date of the certificate.

(2A)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of a competent authority of the relevant European State in which it was obtained to the effect that—

(a)it is evidence of training which satisfies the requirements of article 24 of the Directive; and

(b)it is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.1 of the Directive.

(3)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate such as is described in—

(a)subsection (2)(b); or

(b)subsection (2A).]

(4)For compliance with this subsection in the case of any qualification—

(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate of [F103a competent authority of Germany] or otherwise) that the holder is entitled by virtue of it to engage in medical practice throughout the territory of Germany on the same conditions as the holder of a German qualification listed in [F104Annex V, point 5.1.1 of the Directive]; and

(b)evidence of it must be accompanied by a certificate of [F105a competent authority of Germany] that the holder has effectively and lawfully been engaged in actual medical practice in Germany for at least 3 consecutive years during the 5 years preceding the date of the certificate.

[F106(4A)For compliance with this subsection in the case of any qualification—

(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate from [F107a competent authority of the relevant European State] specified in the appropriate row of column (c) of the table below) that that qualification has, on its territory, the same legal validity as regards access to and practice of the medical profession as the qualification listed in relation to that State in [F108Annex V, point 5.1.1 of the Directive]; and

(b)evidence of it must be accompanied by a certificate from [F109a competent authority of that State] stating that the holder has effectively and lawfully been engaged in the activity in question on the territory of that State for at least 3 consecutive years during the 5 years preceding the date of issue of that certificate.

Column (a)Column (b)Column (c)
1st January 1993Former CzechoslovakiaCzech Republic
1st January 1993Former CzechoslovakiaSlovakia
20th August 1991Former Soviet UnionEstonia
21st August 1991Former Soviet UnionLatvia
11th March 1990Former Soviet UnionLithuania
25th June 1991 [F110Former Yugoslavia]Slovenia]
[F1118th October 1991 Former YugoslaviaCroatia]

F112(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F113(6)In this section, “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.1 of the Directive.]]

Textual Amendments

F96S. 17 substituted (10.7.1996) by S.I. 1996/1591, reg. 4(1)

[F11418Visiting medical practitioners from relevant European StatesU.K.

Schedule 2A to this Act (visiting medical practitioners from relevant European States) shall have effect.]

[F11518A.Temporary registration with regard to emergencies involving loss of human life or human illness etc.U.K.

(1)If the Secretary of State advises the Registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this section, the Registrar may register under this section—

(a)a person as a fully registered medical practitioner, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a fully registered medical practitioner with regard to the emergency; or

(b)the persons comprising a specified group of persons as fully registered medical practitioners, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as fully registered medical practitioners with regard to the emergency.

(2)The Registrar may register under this section by virtue of subsection (1)(b) all of the persons comprising a specified group of persons without first identifying each person in the group.

(3)The registration of a person under this section is subject to such conditions as the Registrar may specify, and the Registrar may at any time vary the conditions to which a person’s registration under this section is subject (including by adding to the conditions or revoking any conditions).

(4)The registration of any person registered under this section by virtue of subsection (1)(b) as one of a specified group may be subject to the same conditions as the registration of other members of the group, or it may be subject to different conditions.

(5)A person’s registration under this section shall cease to have effect if revoked by the Registrar, which—

(a)the Registrar must do if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in subsection (1) no longer exist;

(b)the Registrar may do for any other reason at any time, including where the Registrar has grounds for suspecting that the person’s fitness to practise may be impaired.

(6)The registration of a person registered under this section by virtue of subsection (1)(b) as one of a specified group may be revoked without revoking the registration of the other members of the group, or it may be revoked by virtue of a decision to revoke the registration of all the members of the group.

(7)Part 5 of this Act, apart from sections 35, 35A(1) and (4) to (8) and 35B(2) and (3), shall not apply to persons registered under this section.

(8)If a person breaches any condition to which the person’s registration under this section is subject, anything done by the person in breach of that condition is to be treated as not being done by a registered medical practitioner.

(9)For the purposes of this section, “emergency” means an emergency of the type described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section.]

Part IIIU.K. Registration of Persons Qualifying Overseas

[F11619 Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.U.K.

(1)Where an exempt person satisfies the Registrar—

(a)that he holds[F117, or has passed all the qualifying examinations necessary for obtaining,] an acceptable overseas qualification other than a primary European qualification;

[F118(aa)that, where—

(i)that qualification was, or would have been, granted otherwise than in a relevant European State, and

(ii)that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

the qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training);]

[F119(b)that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors; and]

[F120(c)that his fitness to practise is not impaired,]

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

[F121(1A)Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.]

[F122(2)In this Act “exempt person” means a person who—

(a)is a national of a relevant European State other than the United Kingdom;

(b)is a national of the United Kingdom who is seeking access to, or is pursuing, the medical profession by virtue of an enforceable [F25EU] right; or

(c)is not a national of a relevant European State, but is, by virtue of an enforceable [F25EU] right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State.]

(3)In determining an application by any person for registration under this section, the General Council shall take into account—

[F123(a)if the applicant holds a medical qualification which was granted otherwise than in a relevant European State, but has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a medical practitioner in that State, the acceptance of that qualification; and]

(b)all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application.

F124(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F116S. 19 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)((d), {6(2)} (with transitional provisions in Sch. 2)

F117Words in s. 19(1)(a) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(a)(i)

F119S. 19(1)(b) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(a)(ii)

F120S. 19(1)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 47

F124S. 19(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(b)

[F12519AFull registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United KingdomU.K.

An exempt person—

(a)whose case falls within regulation [F1263(8)(e)] of the General Systems Regulations,

(b)to whom regulations [F12727 to 34] of those Regulations apply by reason of the operation of regulation [F1283(5)] of those Regulations,

(c)who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

(d)whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.]

20 Experience required for full registration by virtue of recognised overseas qualifications.U.K.

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F129S. 20 omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(3) (with transitional provisions in Sch. 2)

21 Provisional registration [F130of EEA nationals etc. with certain overseas qualifications].U.K.

[F131(1)The following provisions shall have effect for enabling persons wishing to satisfy the Registrar of the matters specified in section 19(1)(b) above to participate in an acceptable programme for provisionally registered doctors.]

(2)A person who satisfies the Registrar of the matters specified in paragraphs (a) [F132, (aa)] F133. . . and (c) of section 19(1) above may apply to the General Council to be registered provisionally under this section and, if the Council think fit so to direct, that person shall be so registered.

[F134(2A)Subsection (3) of section 19 above applies in relation to an application for registration under this section as it applies in relation to an application for registration under that section.]

[F135(3)A person provisionally registered under this section shall be deemed to be registered under section 19 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F130Words in s. 21 heading added (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28

F131S. 21(1) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28(a)

F133Words in s. 21(2) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(4)(b) (with transitional provisions in Sch. 2)

F134S. 21(2A) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(4)(c) (with transitional provisions in Sch. 2)

F135S. 21(3) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28(b)

F13621A Full registration for eligible specialists and qualified general practitionersU.K.

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

Textual Amendments

F136S. 21A omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(1)

[F13721BFull registration of persons with an overseas qualificationU.K.

(1)Where a person satisfies the Registrar—

(a)that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b)that he possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom;

(c)that his fitness to practise is not impaired; F138...

(d)unless he is an exempt person, that he has the necessary knowledge of English, [F139and

(e)that, where—

(i)the person is an exempt person,

(ii)his acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and

(iii)that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training),]

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(2)In this Act, an “acceptable overseas qualification” means any qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

Textual Amendments

F137Ss. 21B, 21C inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(2) (with art. 86)

21CProvisional registration of persons with an overseas qualificationU.K.

(1)The following provisions shall have effect for enabling persons wishing to participate in programmes for provisionally registered doctors in order to be able to satisfy the Registrar, in accordance with section 21B(1)(b), that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

(2)A person who satisfies the Registrar—

[F140(a)of the matters specified in paragraphs (a), (c), (d) and (e) of subsection (1) of section 21B above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection; and]

(b)that he possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

may apply to the General Council to be provisionally registered under this section and, if the Council think fit so to direct, that person shall be so registered.

(3)A person provisionally registered under this section shall be deemed to be registered under section 21B above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F137Ss. 21B, 21C inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(2) (with art. 86)

F14122 Limited registration of persons by virtue of overseas qualifications.U.K.

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

Textual Amendments

F141S. 22 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F14223 Limited registration: supplementary provisions.U.K.

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

Textual Amendments

F142S. 23 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F14324 Limited registration: erasure.U.K.

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

Textual Amendments

F143S. 24 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F14425 Full registration of persons with limited registration.U.K.

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

Textual Amendments

F144S. 25 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

26 Registration of qualifications.U.K.

(1)A person registered under section [F14519, [F14619A,] [F14721, 21B or 21C]] above shall be entitled to have registered the [F148acceptable overseas qualification] which he holds when he is so registered and also—

F149(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F150subject to subsection (3) below, any overseas qualification] which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c)subject to subsection (3) below, any additional qualification which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter; and

(d)any primary United Kingdom qualification or primary European qualification which he holds when he is registered or obtains thereafter.

F151(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If the General Council determine that any such qualification as is mentioned in paragraph (b) or (c) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

Textual Amendments

F145Words in s. 26(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(i) (with transitional provisions in Sch. 2)

F147Words in s. 26(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 36

F148Words in s. 26(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(ii) (with transitional provisions in Sch. 2)

F149S. 26(1)(a) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(iii) (with transitional provisions in Sch. 2)

F150Words in s. 26(1)(b) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(iv) (with transitional provisions in Sch. 2)

F151S. 26(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 6

[F15227ATemporary registration for visiting eminent specialistsU.K.

(1)A person who is an eminent specialist in a particular branch of medicine and who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services within that branch of medicine may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2)If the person referred to in subsection (1) satisfies the Registrar—

(a)that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b)that he is entitled to practise medicine in the State where he is ordinarily resident;

(c)that he is or will be employed or engaged within the United Kingdom to provide medical services in a particular branch of medicine;

(d)that he is an eminent specialist in that particular branch of medicine; and

(e)that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to any conditions specified in the direction, for such period (being no more than 26 weeks) as they specify in the direction.

(3)The General Council may, if they think fit so to direct, vary the conditions specified in the direction and, subject to subsection (4), may extend the period specified in the direction for which the person is registered under this section.

(4)A person may not be registered under this section for more than 26 weeks in any period of five years.

(5)A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6)If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a)is to be treated as not being done by a registered medical practitioner; and

(b)may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

Textual Amendments

F152Ss. 27A, 27B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(2) (with art. 87)

27BSpecial purpose registrationU.K.

(1)A person who is or intends to be in the United Kingdom temporarily for the purposes of providing particular medical services exclusively to persons who are not nationals of the United Kingdom may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2)If the person referred to in paragraph (1) satisfies the Registrar—

(a)that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b)that he is entitled to practise medicine in the State where he is ordinarily resident;

(c)that he is or will be employed or engaged within the United Kingdom—

(i)at an establishment that provides medical services for persons who are not nationals of the United Kingdom, and

(ii)to provide particular medical services, but only for persons who are not nationals of the United Kingdom; and

(d)that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to the conditions specified in the direction, for such period as they specify in the direction.

(3)The conditions that the General Council specifies in any direction under subsection (2) are to comprise or include—

(a)a condition that the person shall, except in an emergency, provide medical services within the United Kingdom only to persons who are not nationals of the United Kingdom; and

(b)a condition that the person shall, except in an emergency, provide only the particular medical services which are specified in the direction, whilst he is in the United Kingdom.

(4)The General Council may, if they think fit so to direct, vary the conditions in the direction (but not in such a way that the requirements of subsection (3) are no longer met) and may extend the period specified in the direction for which the person is registered under this section.

(5)A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6)If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a)is to be treated as not being done by a registered medical practitioner; and

(b)may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.]

Textual Amendments

F152Ss. 27A, 27B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(2) (with art. 87)

F15327 Temporary full registration for visiting overseas specialists.U.K.

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

Textual Amendments

F153S. 27 omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(1)

F15428 The Review Board for Overseas Qualified Practitioners.U.K.

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

Textual Amendments

F154S. 28 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), 6(11) (with Sch. 2)

F15529 Functions of the Review Board.U.K.

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

Textual Amendments

F155S. 29 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), 6(11) (with Sch. 2)

F156PART IIIAU.K. LICENCE TO PRACTISE AND REVALIDATION

Textual Amendments

F156Pt. 3A inserted (17.12.2002 for s. 29G(1)(a)(2)(3), 8.9.2009 for the insertion of ss. 29A, 29B, 29D, 29E, 29G, 29J for specified purposes and specified headings as notified in the London Gazette dated 21.8.2009, 16.11.2009 for the insertion of ss. 29B, 29D, 29E for specified purposes and for the insertion of ss. 29F, 29H as notified in the London Gazette dated 21.8.2009, 3.12.2012 for the insertion of ss. 29A(4)(d), 29C, 29E(2)(b)(4)(a), 29J(1)(a) in so far as not already in force as notified in the London Gazette dated 2.11.2012) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(g), 10 (with Sch. 2)

Duty of General Council to make regulationsU.K.

29A Regulations as to licence to practise and revalidationU.K.

(1)Any reference in this Act to a “licence to practise” is a reference to a licence granted under and in accordance with this Part to a medical practitioner by a licensing authority.

(2)The General Council shall make regulations with respect to licences to practise.

(3)The provisions made by regulations under subsection (2) above must include provision for or in connection with each of the matters specified in subsection (4) below.

(4)Those matters are—

(a)grant of a licence to practise;

(b)refusal of a licence to practise;

(c)withdrawal of a licence to practise; and

[F157(d)revalidation of a medical practitioner of a prescribed description whenever a licensing authority sees fit to do so, either as a condition of the practitioner’s continuing to hold a licence to practise or of the practitioner’s licence to practise being restored.]

(5)In this Part—

  • “licensing authority” means—

    (a)

    the Registrar;

    (b)

    F158a ...[F158Registration Panel];

    (c)

    such other committee of the General Council as may be prescribed; or

    (d)

    such other officer of the General Council as may be prescribed;

  • “prescribed” means prescribed by regulations made by the General Council under subsection (2) above; and

  • “revalidation” means evaluation of a medical practitioner’s fitness to practise.

Textual Amendments

F157S. 29A(4)(d) substituted (3.12.2012 immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 8(2); S.I. 2012/2686, arts. 1(3), 2(a)(i)

F158Words in s. 29A(5)(b) substituted (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 The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 3(2)(a)

Grant, refusal and withdrawal of licenceU.K.

29B Grant, refusal and withdrawal of licenceU.K.

(1)Regulations under section 29A above shall [F159subject to subsection (1A),] provide for a licence to practise to be granted to a medical practitioner—

(a)on first registration under this Act as a medical practitioner with [F160full registration];

(b)on being provisionally registered under this Act; and

(c)in such other cases or circumstances as may be prescribed.

[F161(1A)Regulations under section 29A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3).

(1B)Regulations under section 29A which include provision under subsection (1A) must also include provision requiring the licensing authority, when determining whether a medical practitioner has demonstrated the necessary knowledge of English, to have regard to guidance published under section 29G(2A).]

(2)Regulations under section 29A above shall provide for the withdrawal of a licence to practise from a medical practitioner—

(a)where the practitioner has failed to comply with prescribed requirements of regulations under section 29A above;

(b)where the licence to practise was fraudulently procured or otherwise incorrectly granted;

(c)where the medical practitioner requests that the licence to practise be withdrawn; and

(d)in such other cases or circumstances as may be prescribed.

[F162(2D)Regulations under section 29A may include provision requiring a licensing authority to take account, in particular, of such evidence as a medical practitioner provides of his knowledge of English.]

(3)Regulations under section 29A above shall make provision as to the procedure to be followed in connection with the grant or refusal, or the withdrawal, of a licence to practise by a licensing authority.

(4)If a licensing authority decides—

(a)to refuse to grant a licence to practise to a medical practitioner; or

(b)to withdraw a licence to practise from a medical practitioner,

the Registrar shall give the practitioner notice in accordance with subsection (5) below.

(5)The notice required by subsection (4) above is notice of—

(a)the decision;

(b)the reasons given for the decision by the licensing authority concerned; and

(c)the practitioner’s right of appeal under section 29F below.

(6)Section 29H below applies in relation to a notice under subsection (4) above.

Textual Amendments

F160Words in s. 29B(1)(a) substituted (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 The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 7

[F16329CDealing with questions as to impairment of fitness to practiseU.K.

(1)Paragraph (2) applies if—

(a)in the course of revalidation, it comes to the attention of a licensing authority that a medical practitioner’s fitness to practise is called into question by one or more of the matters mentioned in section 35C(2) below; but

(b)no allegation to that effect has been made to the General Council against the practitioner.

(2)The Registrar shall notify the practitioner and section 35C below shall apply as if an allegation that the practitioner’s fitness to practise is impaired had been made to the General Council under that section.]

Textual Amendments

F163S. 29C substituted (3.12.2012 immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 10; S.I. 2012/2686, arts. 1(3), 2(a)(iii)

Restoration of licenceU.K.

29D Restoration of licenceU.K.

(1)The General Council shall make regulations under section 29A above for and in connection with authorising or requiring a licensing authority, in such cases or circumstances as may be prescribed, to restore a licence to practise to a medical practitioner whose licence to practise has been withdrawn.

[F164(1A)Regulations by virtue of subsection (1) above may not include provision as to licences to practise that are withdrawn by virtue of section 41C below.]

(2)Regulations by virtue of subsection (1) above shall make provision as to the procedure to be followed in connection with the restoration, or the refusal of the restoration, of a licence to practise by a licensing authority.

(3)If a licensing authority refuses to restore a licence to practise to a medical practitioner, the Registrar shall give the practitioner notice of—

(a)the decision;

(b)the reasons given for the decision by the licensing authority concerned; and

(c)the practitioner’s right of appeal under section 29F below.

(4)Section 29H below applies in relation to a notice under subsection (3) above.

Supplementary provisionsU.K.

29E EvidenceU.K.

(1)Regulations under section 29A above may make provision for a licensing authority—

(a)to refuse to grant a licence to practise to a medical practitioner;

(b)to withdraw a licence to practise from a medical practitioner; or

(c)to refuse to restore a licence to practise to a medical practitioner,

in any case where the medical practitioner does not provide the licensing authority with such evidence or information as the authority may reasonably request for any of the purposes specified in subsection (2) below.

(2)The purposes are those of—

(a)determining whether to grant a licence to practise to the practitioner;

(b)revalidation of the practitioner;

(c)determining whether to withdraw a licence to practise from the practitioner; and

(d)determining whether to restore a licence to practise to the practitioner.

[F165(2A)Regulations under section 29A above may include provision for or in connection with requiring a medical practitioner to supply information to a licensing authority (including information about his prospective, current or past employment as a medical practitioner) which, in the opinion of the licensing authority, will assist it in determining when and how to revalidate him.]

(3)For the purpose of carrying out any function under sections 29A to 29D above in relation to a medical practitioner, a licensing authority may require—

(a)any medical practitioner (other than that practitioner); or

(b)any other person,

who, in the opinion of the authority, is able to supply information, or produce any document, which appears relevant to the discharge of any such function, to supply such information or produce such a document.

(4)For the purpose of reviewing procedures relating to—

(a)revalidation; or

(b)the grant, withdrawal or restoration of a licence to practise,

a licensing authority may require any medical practitioner or other person to supply information or produce any document.

(5)Nothing in subsection (3) or (4) above shall require or permit any disclosure of information which is prohibited by or under any other enactment [F166or the GDPR].

(6)But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, a licensing authority may, in exercising its functions under subsection (3) or (4) above, require that the information be put into a form which is not capable of identifying that individual.

[F167(7)In determining for the purposes of subsection (5) 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 section.]

(8)Subsections (3) and (4) do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

(9)In this section “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.

[F168“the GDPR” and references to Schedule 2 to the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(10), (11) and (14) of that Act).]

[F16929EA.Disclosure by a licensing authority of information relating to revalidationU.K.

(1)This section applies where—

(a)a medical practitioner participates in a revalidation pilot scheme and the medical practitioner’s revalidation under the scheme ceases before evaluation of the practitioner’s fitness to practise is complete; or

(b)a medical practitioner’s revalidation under this Part ceases before any decision is made as to—

(i)the practitioner holding, or continuing to hold, a licence to practise; or

(ii)the making of any change to the General Practitioner Register or the Specialist Register in respect of the practitioner.

(2)If the licensing authority considers it to be in the public interest to do so, the licensing authority may disclose any relevant information about the medical practitioner to—

(a)the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland or the Welsh Ministers; and

(b)any person of whom the licensing authority is aware—

(i)by whom the practitioner is employed to provide services in, or in relation to, any area of medicine, or

(ii)with whom the practitioner has an arrangement to provide such services.

(3)In this section—

  • “relevant information”, in relation to a medical practitioner, means information arising in the course of or otherwise in connection with such revalidation of the practitioner as is mentioned in subsection (1)(a) or (b); and

  • “revalidation pilot scheme” means any voluntary pilot scheme for the purpose of determining when and how revalidation under this Part will operate (whether in relation to all medical practitioners or medical practitioners of any description).]

Textual Amendments

F169S. 29EA inserted (30.4.2010 for specified purposes, 3.12.2012 for specified purposes immediately after the commencement of S.I. 2002/3135, art. 10 in so far as it relates to 1983 c. 54, ss. 29A(4)(d), 29C and S.I. 2006/1914, art. 65 (and art. 2 in so far as it relates to art. 65)) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(4), Sch. 1 para. 13; S.I. 2010/1182, art. 2; S.I. 2012/2686, arts. 1(3), 2(a)(iv)

29F AppealsU.K.

(1)If a licensing authority decides under this Part—

(a)to refuse to grant a licence to practise to a medical practitioner;

(b)to withdraw a licence to practise from a medical practitioner; or

(c)to refuse to restore a licence to practise to a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.

[F170(1A)If a licensing authority decides under—

(a)[F171section 44C(8)] to refuse to grant a licence to practise to a medical practitioner; or

(b)[F172section 44C(9)(a)] to withdraw a licence to practise from a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.]

(2)Schedule 3B (which provides for the procedures to be followed before a Registration Appeals Panel) shall apply in relation to any appeal under subsection (1) [F173or (1A)] above.

(3)A decision under this Part to withdraw a licence to practise from a medical practitioner 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.

Textual Amendments

F170S. 29F(1A) inserted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 8.8.2014 in so far as not already in force as notified in the London Gazette dated 8.8.2014) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 68(a)

F173Words in s. 29F(2) inserted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I.) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 68(b)

29G GuidanceU.K.

(1)The General Council may publish guidance for medical practitioners relating to the information and documents to be provided, and any other requirements to be satisfied—

[F174(za)for securing the grant of a licence to practise;]

(a)for the purposes of revalidation; or

(b)for securing restoration of a licence to practise.

[F175(1A)The information and documents to be provided, and other requirements to be satisfied, may relate to—

(a)standards set by a prescribed person or body; or

(b)documents issued by a prescribed person or body.]

(2)[F176In preparing any guidance under subsection (1)(a)] in relation to revalidation, the General Council shall take into account such similarities as there may be between any information or documents to be provided, or any other requirements to be satisfied—

(a)for the purposes of revalidation; and

(b)for the purposes of any scheme for the appraisal of medical practitioners which applies within [F177any of the UK health services].

[F178(2A)The General Council must publish guidance relating to the evidence, information or documents to be provided for the purposes of demonstrating that a medical practitioner has the necessary knowledge of English.]

F179(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29H NoticesU.K.

(1)This section applies to any notice required to be given to a medical practitioner under—

(a)section 29B or 29D above; or

(b)paragraph 6 or 7 of Schedule 3B to this Act.

(2)Any such notice may be so 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.

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

(a)his address in the register; or

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

(4)The conditions are that—

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

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

(5)For the purposes of this section—

(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.

29J MiscellaneousU.K.

(1)Regulations under section 29A above may provide for the charging of a fee to a medical practitioner in respect of the cost of—

(a)his revalidation; or

(b)the consideration of any application made by him for restoration of a licence to practise.

[F180(2)Any sum payable by a medical practitioner under subsection (1) above—

(a)may be recovered by the General Council; or

(b)where regulations by virtue of subsection (2B) below are in force, may instead be recovered by a prescribed person or body in such cases or circumstances, and to such extent, as may be prescribed.

(2A)In England and Wales or Northern Ireland, any such sum shall be recoverable summarily as a civil debt.

(2B)Regulations under section 29A above may specify requirements to be satisfied by medical practitioners (or medical practitioners of a prescribed description) by reference to standards which are—

(a)set by a prescribed person or body (“C”); and

(b)endorsed by the General Council.

(2C)If regulations under section 29A above make provision by virtue of subsection (2B), they may also—

(a)provide for C to carry out revalidation of any medical practitioner to whom the regulations apply;

(b)require a medical practitioner or any other person (including another medical practitioner) to provide any evidence, information or document which C may reasonably request for or in connection with revalidation of a medical practitioner;

(c)provide for the powers of a licensing authority in section 29E(1)(a) to (e) above to be exercisable in relation to a medical practitioner in connection with any refusal or failure by the practitioner to provide C with such information;

(d)make provision equivalent to section 29E(5) to (9) above as to the disclosure of such information to C (with appropriate modifications);

(e)provide for C to make reports and recommendations to the licensing authority about a medical practitioner in connection with revalidation by C; and

(f)make other provision as to the procedure to be followed for or in connection with revalidation by C.

(2D)Nothing in subsection (2C) permits regulations to be made giving C power to make any decision as to—

(a)a medical practitioner holding, or continuing to hold, a licence to practise; or

(b)the making of any change to the General Practitioner Register or the Specialist Register in respect of a medical practitioner.]

[F181(2E)Regulations under section 29A may make provision in connection with determining whether a medical practitioner has demonstrated the necessary knowledge of English; and the regulations may in particular—

(a)provide for the licensing authority to require a person to undertake an assessment to demonstrate whether the person has the necessary knowledge of English;

(b)require a person to provide any evidence, information or document which the licensing authority may reasonably request for the purpose of demonstrating whether the person has the necessary knowledge of English but the regulations may not require, or enable the licensing authority to request, evidence or information demonstrating that the practitioner’s knowledge of English exceeds the necessary knowledge of English;

(c)provide for the powers of the licensing authority in section 29E(1)(a) and (b) to be exercisable in relation to a person in connection with any refusal or failure by the person to provide the licensing authority with such information;

(d)make provision equivalent to section 29E(5) to (9) as to the disclosure of such information to the licensing authority (with appropriate modifications).]

(3)Regulations under section 29A above may make different provision for different purposes, cases or circumstances [F182or different areas].

(4)Regulations under section 29A above shall not have effect until approved by order of the Privy Council.

(5)Before making regulations under section 29A above, 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.

Part IVU.K. General Provisions Concerning Registration

30 The registers.U.K.

[F183(A1)In this Part, “the registers” means—

(a)the register;

(b)the General Practitioner Register; and

(c)the Specialist Register.]

(1)The register of medical practitioners shall [F184include]

(a)in the principal list the names of persons entitled to be registered under [F185section [F1863, 14A, 15, 15A or 19A]] above, or directed to be registered under [F187section 19, 21, [F18821B or 21C] above;]

[F189(aa)in the emergency powers doctors list, the names of persons from time to time registered under section 18A;]

F190(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the visiting overseas doctors list the names of persons from time to time directed to be registered under [F191section 27A or 27B] above; and

[F192(d)in the list of visiting medical practitioners from relevant European States, the names of persons entitled to be registered under Schedule 2A.]

F193(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F194(3)[F195The register] shall also include, in respect of each of the persons entered in it, a statement of the following—

(a)the person’s address;

(b)the person’s date of registration;

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

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

(e)any other particulars prescribed in the case of a person entered in F196[F197the register].]

(4)It shall be the duty of the Registrar to keep [F198the register][F199, the General Practitioner Register and the Specialist Register] correct in accordance with the provisions of this Act and regulations made by the General Council, to erase the names of persons who have died, [F200or who have been provisionally registered for longer than the period prescribed in respect of them,] and from time to time to make the necessary alterations in the addresses, qualifications and other registered particulars of registered persons.

(5)The Registrar may, by letter addressed to any person registered in [F201the register] at his address on the register, inquire whether he has changed his address and, if no answer is received to the inquiry within six months from the posting of the letter, may erase from the register the entry relating to that person.

(6)On registering the death of a person registered in [F202the register], a registrar of births and deaths shall, without charge to the Registrar, send forthwith by post to the Registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

(7)In this section “prescribed” means prescribed by regulations made under section 31 below.

Textual Amendments

F184Word in s. 30(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(a)(i) (with transitional provisions in Sch. 2)

F185Words in s. 30(1)(a)(b) substituted (4.12.2000) by S.I. 2000/3041, reg. 4(2)

F187Words in s. 30(1)(a) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(e), 7(2)(a)(ii) (with transitional provisions in Sch. 2)

F188Words in s. 30(1)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 38(a)

F190S. 30(1)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(2)(a)(iii) (with Sch. 2)

F191Words in s. 30(1)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 38(b)

F193S. 30(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(a)

F194S. 30(3) substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(1) (with Sch. 2)

F195Words in s. 30(3) substituted (19.7.2006 for specified purposes, 16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(i)

F196Words in s. 30(3)(e) substituted (19.7.2006, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(ii)

F197Words in s. 30(3)(e) substituted (19.7.2006 for specified purposes, 16.11.2009 in so far as not already in force as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(b)(ii)

F198Words in s. 30(4) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(c)

F200Words in s. 30(4) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 29

F201Words in s. 30(5) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(d)

F202Words in s. 30(6) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 8(e)

Modifications etc. (not altering text)

[F20330A.The register: emergency powers doctors listU.K.

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

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

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

(1)Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of F204... [F204the registers] and the making of entries, alterations and corrections F205... [F205in them].

(2)Regulations under this section may provide for F206... [F206the registers] to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if F207... [F207the registers are] not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

F208(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations under this section shall provide for the marking of the register of medical practitioners so as to distinguish those provisionally registered under section 15 [F209or 15A] above and those provisionally registered under section 21 [F210or 21C] above.

[F211(4A)Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for—

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

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

[F212(4B)Regulations under this section shall provide for the marking of the General Practitioner Register so as to distinguish between different categories of persons who are eligible to be registered in that register by virtue of section 34C(2)(b).]

F213(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F213(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Regulations under this section may make provision with respect to the restoration to F214... [F214the registers] of the name of any person whose name has been erased from F215... [F215them] by virtue of section 30(5) above or of any regulations made in pursuance of F216... section 32(2) below.

(9)Regulations under this section made by virtue of subsection (8) above may include provision—

(a)for authorising the Registrar, notwithstanding anything in this Act, to refuse to restore to F217... [F217the registers] F218... the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and [F219fitness to practise] as may be prescribed; and

[F220(b)for securing that, in such circumstances as may be prescribed, such a person’s name is not so restored unless—

(i)the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit,

(ii)the practitioner’s licence to practise is restored in accordance with the regulations, or

(iii)both (i) and (ii) are met][F221; and

(c)where such a person is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the Registrar or the General Council or a committee of the Council to take into account—

(i)whether the assessment was carried out,

(ii)whether any requirements imposed in respect of the assessment were complied with, and

(iii)if the assessment was carried out, the results of the assessment].

F222...

(10)Regulations made in pursuance of [F223subsection (4A), [F224(4B),] (8) or (9)] above shall not have effect until approved by order of the Privy Council.

(11)In this section “prescribed” means prescribed by regulations under this section.

Textual Amendments

F204Words in s. 31(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. 5(a)(i); S.I. 2010/478, art. 2(b)

F205Words in s. 31(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. 5(a)(ii); S.I. 2010/478, art. 2(b)

F206Words in s. 31(2) 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. 5(b)(i); S.I. 2010/478, art. 2(b)

F207Words in s. 31(2) 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. 5(b)(ii); S.I. 2010/478, art. 2(b)

F208S. 31(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(c)

F209Words in s. 31(4) inserted (4.12.2000) by S.I. 2000/3041, reg. 4(3)

F210Words in s. 31(4) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 39

F211S. 31(4A) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(a)

F213S. 31(5)-(7) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(a) (with Sch. 2)

F214Words in s. 31(8) 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. 5(d)(i); S.I. 2010/478, art. 2(b)

F215Word in s. 31(8) 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. 5(d)(ii); S.I. 2010/478, art. 2(b)

F216Words in s. 31(8) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(b) (with Sch. 2)

F217Words in s. 31(9)(a) 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. 5(e); S.I. 2010/478, art. 2(b)

F218Words in s. 31(9)(a) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(e)

F219Words in s. 31(9)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 48

F220S. 31(9)(b) substituted (30.5.2003, 1.7.2003 in so far as not already in force as notified in the London Gazette dated 1.7.2003) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(2) (with Sch. 2)

F222Words in s. 31(9) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(c) (with Sch. 2)

F223Words in s. 31(10) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(b)

F224Word in s. 31(10) 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. 5(f); S.I. 2010/478, art. 2(b)

F226[F22531A Voluntary removal from F226... [F226any of the registers].U.K.

(1)The General Council may make regulations—

(a)providing for the erasure by the Registrar from F227... [F227any of the registers] of the name of any person who applies, in the manner prescribed by the regulations, for his name to be erased from F228... [F228any of the registers];

(b)providing for the refusal by the Registrar of applications under paragraph (a) above in such cases and circumstances as may be prescribed by the regulations;

(c)making provision (including provision requiring the approval of the General Council or of one of the statutory committees) for the restoration to F229... [F229any of the registers] of the name of any person whose name has been erased in accordance with regulations made in pursuance of paragraph (a) above.

[F230(1A)Regulations under subsection (1)(c) above shall provide that, in such circumstances as may be prescribed, a person’s name is not to be restored to F231... [F231any of the registers] unless—

(a)the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit;

(b)the practitioner’s licence to practise is restored in accordance with the regulations; or

(c)both (a) and (b) are met.

(1B)In subsection (1A) above, “prescribed” means prescribed under regulations made under subsection (1) above.]

[F232(1C)Regulations under subsection (1)(c) above may include provision, where the person concerned is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the General Council or a committee of the Council to take into account—

(a)whether the assessment was carried out,

(b)whether any requirements imposed in respect of the assessment were complied with, and

(c)if the assessment was carried out, the results of the assessment.]

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

Textual Amendments

F225S. 31A inserted (18.5.2000) by 1995 c. 51, s. 2; S.I. 2000/1344, art. 2

F226Words in s. 31A heading 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. 6(a); S.I. 2010/478, art. 2(b)

F227Words in s. 31A(1)(a) 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. 6(b)(i); S.I. 2010/478, art. 2(b)

F228Words in s. 31A(1)(a) 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. 6(b)(ii); S.I. 2010/478, art. 2(b)

F229Words in s. 31A(1)(c) 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. 6(c); S.I. 2010/478, art. 2(b)

F230S. 31A(1A)(1B) inserted (7.7.2004 as notified in the London Gazette dated 2.7.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(3) (with Sch. 2)

F231Words in s. 31A(1A) 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. 6(c); S.I. 2010/478, art. 2(b)

32 Registration fees.U.K.

(1)Subject to the provisions of this Act, the General Council may make regulations with respect to the charging of fees in connection with the making of entries in the register of medical practitioners, and in particular—

(a)prescribing a fee to be charged on the entry of a name or qualification in the register or on the restoration of any entry to the register;

(b)prescribing a fee to be charged in respect of the retention in the register of the name of a person F233...;

(c)authorising the Registrar, notwithstanding anything in this Act, to refuse to make any entry in, or restore any entry to, the register F234... until a fee prescribed by regulations under this section has been paid.

(2)Regulations under this section may authorise the Registrar to erase from the register of medical practitioners the name of—

(a)any person who, after such notices and warnings as may be prescribed by the regulations, fails to pay a fee prescribed in pursuance of subsection (1)(b) above; F235. . .

F235(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)If a person whose name has been erased from the register in accordance with regulations made in pursuance of subsection (2) above at any time pays—

(a)such sum (if any) as may be prescribed for the purposes of this subsection by regulations under this section; and

(b)the fee (if any) which, if his name had not been so erased, would be due from him in respect of the current year,

his name shall be restored to the register.

(4)Regulations under this section shall not provide for any fee to be chargeable in respect of anything done in pursuance of a direction under section 41 below.

(5)No fee shall be charged in relation to registration [F236in the emergency powers doctors list or] [F237in the list of visiting medical practitioners from relevant European States] and accordingly this section shall not apply in relation thereto.

F238(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Regulations under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

F239(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)For the avoidance of doubt it is hereby declared that in this section “entry” includes an entry by way of alteration of a previous entry.

Textual Amendments

F233Words in s. 32(1)(b) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(a)(i)

F234Words in s. 32(1)(c) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(a)(ii)

F235S. 32(2)(b) and preceding word repealed (18.5.2000) by 1995 c. 51, ss. 4, Sch. para. 3; S.I. 2000/1344, art. 2

F238S. 32(6) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 10

F239S. 32(8) omitted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 72(b)

33 Supplementary provisions about registration.U.K.

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

[F24034[F241Publication of [F242the registers]] U.K.

(1)The Registrar shall cause to be published from time to time (electronically or otherwise) a list of all persons who, on a date specified by him at the time of publication, [F243appear in [F244each of the registers]].

(2)The list published in accordance with subsection (1) above shall include in respect of each practitioner—

(a)information about his registered qualifications;

(b)a statement about whether or not he holds a licence to practise; F245...

[F246(ba)in relation to the list of persons on the Specialist Register—

(i)the specialty in respect of which a person's name is included in that register; and

(ii)the name, or a description of, any field within that specialty which is indicated in respect of that person in that register; and]

(c)such other particulars (if any) as the General Council may direct in relation to that list.]

Textual Amendments

F240S. 34 substituted (1.7.2003 except in so far as it relates to sub-section (2)(b) as notified in the London Gazette dated 1.7.2003, 16.11.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 7(4) (with Sch. 2)

F241S. 34 heading substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 11(2)

F242Words in s. 34 heading 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. 7(a); S.I. 2010/478, art. 2(b)

F243Words in s. 34(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 11(1)

F244Words in s. 34(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. 7(b); S.I. 2010/478, art. 2(b)

F245Word in s. 34(2)(b) omitted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by virtue of The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 7(c)(i); S.I. 2010/478, art. 2(b)

[F24734AProof of registrationU.K.

(1)The Registrar may issue a certificate that a person—

(a)is registered [F248in any of the registers];

(b)is not registered [F248in any of the registers];

(c)was registered [F248in any of the registers] at a specified date or during a specified period;

(d)was not registered [F248in any of the registers] at a specified date or during a specified period;

(e)has never been registered [F248in any of the registers];

(f)holds a licence to practise;

(g)does not hold a licence to practise;

(h)held a licence to practise at a specified date or during a specified period;

(i)did not hold a licence to practise at a specified date or during a specified period; or

(j)has never held a licence to practise.

[F249(1A)In relation to a person who is registered in the Specialist Register, the Registrar may issue a certificate that that person is, or is not, registered on that register with a particular specialty and in a particular field within that specialty.]

(2)A certificate issued under subsection (1) [F250or (1A)] above shall be evidence (and in Scotland sufficient evidence) of the matters certified.]

Textual Amendments

F247S. 34A inserted (1.7.2003 for specified purposes as notified in the London Gazette dated 1.7.2003, 16.11.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(5) (with Sch. 2)

[F25134BRegistration [F252and training] appealsU.K.

[F253(1)]Schedule 3A to this Act (which makes provision about appeals against registration [F254and training] decisions) shall have effect.]

[F255(2)The General Council may by regulations make provision with respect to the charging of fees in connection with appeals under Schedule 3A.

(3)Regulations under subsection (2) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.]

Textual Amendments

F251S. 34B inserted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 8(1) (with Sch. 2)

F252Words in s. 34B 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. 9(a); S.I. 2010/478, art. 2(b)

F253S. 34B renumbered as s. 34B(1) (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. 9; S.I. 2010/478, art. 2(b)

F254Words in s. 34B(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. 9(a); S.I. 2010/478, art. 2(b)

F255S. 34B(2)(3) 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. 9(b); S.I. 2010/478, art. 2(b)

F256[F256PART 4AU.K.POSTGRADUATE MEDICAL EDUCATION AND TRAINING

Textual Amendments

34CThe General Practitioner RegisterU.K.

(1)The General Council shall keep a register of general practitioners (known as “the General Practitioner Register”).

(2)The General Practitioner Register shall, subject to subsection (3), contain the names of—

(a)registered medical practitioners who hold a CCT in general practice;

(b)registered medical practitioners who have an acquired right to practise as a general practitioner in the United Kingdom pursuant to section 34G(1); and

(c)registered medical practitioners falling within such other categories as the Privy Council may by order specify.

(3)A person falling within any of paragraphs (a) to (c) of subsection (2) shall only be included in the General Practitioner Register if they have applied to the Registrar for the purpose and have paid any fee specified in regulations under section 34O.

34DThe Specialist RegisterU.K.

(1)The General Council shall keep a register of specialist medical practitioners (known as “the Specialist Register”).

(2)The Specialist Register shall, subject to subsections (4) and (5), contain the names of—

(a)registered medical practitioners who hold a CCT in a recognised specialty;

(b)registered medical practitioners who are eligible to be admitted to that register in accordance with the scheme mentioned in subsection (6); and

(c)registered medical practitioners falling within such other categories as the Privy Council may by order specify.

(3)The Privy Council may by order designate specialties as recognised specialties.

(4)A person falling within any of paragraphs (a) to (c) of subsection (2) shall only be included in the Specialist Register if they have applied to the Registrar for the purpose and have paid any fee specified in regulations under section 34O.

(5)A person is not entitled to have their name included in the Specialist Register as an oral and maxillo-facial surgeon unless the person is a registered medical practitioner and satisfies the Registrar both—

(a)of their entitlement to be registered in that register by virtue of subsection (2); and

(b)that they have successfully completed dental training that meets, or under Article 22(a) of the Directive is treated as meeting, the requirements of Article 34 of the Directive.

(6)The scheme referred to in subsection (2)(b) is a scheme published by the General Council for the inclusion in the Specialist Register of persons who, immediately before 1st January 1997, were either NHS consultants or consultants in a medical specialty in the armed forces.

(7)That scheme shall make provision—

(a)as to the criteria to be considered in determining whether to include a person's name in the Specialist Register; and

(b)excluding any person whose name has been removed from the Specialist Register under regulations made by virtue of subsection (2A) of section 29B (grant, refusal and withdrawal of licences to practise).

(8)In subsection (6), “armed forces” means the naval, military or air forces of the Crown and includes the reserve forces within the meaning of section 1(2) of the Reserve Forces Act 1996 No commentary item could be found for this reference c20127051.

(9)The Specialist Register shall indicate—

(a)the specialty in respect of which a person's name is included in that register; and

(b)the name, or a description of, any field within that specialty which a person has requested, subject to subsection (10), to be indicated in that register.

(10)In order to have the relevant field indicated on the Specialist Register in accordance with subsection (9)(b), the Registrar must be satisfied that a person has completed satisfactorily—

(a)sub-specialty training in the United Kingdom which is approved by the General Council; or

(b)sub-specialty training outside the United Kingdom that the Registrar is satisfied is equivalent to sub-specialty training approved by the General Council.

34EApplications for inclusion in the General Practitioner Register or the Specialist RegisterU.K.

(1)The General Council shall make regulations as to the procedure to be followed by, or in relation to, persons applying to the Registrar for inclusion in the General Practitioner Register or the Specialist Register.

(2)The regulations may in particular make provision as to—

(a)the evidence required in support of applications;

(b)the time limits to be complied with in respect of applications; and

(c)the notification of decisions in respect of applications.

(3)The regulations may require the Registrar to inform persons who do not hold a CCT, and in respect of whom the Registrar is not satisfied as to their eligibility for inclusion in the General Practitioner Register or the Specialist Register, of the reasons why the Registrar is not so satisfied.

(4)The regulations may require the Registrar to inform the persons referred to in subsection (3) of—

(a)additional training that must be undertaken and the fields that the training must cover; and

(b)any examination, assessment (including a specified period of assessment), adaptation period or other test of competence that that person must complete to the Registrar's satisfaction,

in order to satisfy the Registrar of their eligibility for inclusion in those Registers.

(5)In subsection (4)(b), “adaptation period” means an adaptation period pursuant to Part 3 of the General Systems Regulations.

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

34FRemoval of names from the General Practitioner Register and the Specialist RegisterU.K.

(1)The Registrar must remove a person's name from the General Practitioner Register or the Specialist Register where it comes to the Registrar's notice that they are no longer a registered medical practitioner.

(2)The Registrar may remove a person's name from the General Practitioner Register or the Specialist Register where they cease, in cases specified by the Privy Council by order, to fall within any of the categories specified by the Privy Council by order under section 34C(2)(c) or, as the case may be, section 34D(2)(c).

(3)Subject to subsection (4), where a person removed from the General Practitioner Register or the Specialist Register under subsection (1) becomes once again a registered medical practitioner, the Registrar shall, if requested by that person, once again include that person's name in the General Practitioner Register or, as the case may be, the Specialist Register.

(4)No request to include a person's name again in the General Practitioner Register is required under subsection (3) where a person removed from that Register under subsection (1), becomes once again a registered medical practitioner by virtue of section 18A.

(5)The Registrar shall send a notice to the person concerned when removing that person's name pursuant to subsection (1) or (2), as the case may be, once again including that person's name pursuant to subsection (3).

(6)Paragraph 6 of Schedule 3A applies to notices required to be sent under subsection (5) as it applies to notices under that paragraph.

34GAcquired rights of general practitionersU.K.

(1)For the purposes of Article 30(1) of the Directive, a person has an acquired right to practise as a general practitioner in the United Kingdom if they fall within one of the categories of persons specified by the Privy Council by order.

(2)Where, pursuant to a request in writing, the Registrar is satisfied that a person has an acquired right to practise by virtue of subsection (1), the Registrar shall issue a certificate for the purposes of Article 30(1) of the Directive.

(3)The General Council may make rules as to the procedure to be followed in relation to, and the evidence required in support of, a request made under subsection (2).

(4)A certificate issued under subsection (2) shall be withdrawn where the Registrar is satisfied that it has been fraudulently procured or incorrectly awarded.

34HPostgraduate medical education and training: general functionsU.K.

(1)The General Council shall—

(a)establish standards of, and requirements relating to, postgraduate medical education and training, including those necessary for the award of a CCT in general practice and in each recognised specialty;

(b)secure the maintenance of the standards and requirements established under paragraph (a); and

(c)develop and promote postgraduate medical education and training in the United Kingdom.

(2)In exercising their functions under this Part, the main objectives of the General Council, in addition to [F257the over-arching objective], are—

(a)to ensure that the needs of persons undertaking postgraduate medical education and training in each of England, Wales, Scotland and Northern Ireland are met by the standards the General Council establish under subsection (1)(a) and to have proper regard to the differing considerations applying to different groups of such persons; and

(b)to ensure that the needs of employers and those engaging the services of general practitioners and specialists within the UK health services are met by the standards the General Council establish under subsection (1)(a).

(3)The standards and requirements established under subsection (1)(a) shall be set out in determinations of the General Council.

(4)The standards and requirements established under subsection (1)(a) shall include—

(a)the standards required for entry to training;

(b)the training curricula to be followed in general practice and in each recognised speciality;

(c)the assessment arrangements for persons undertaking education and training in general practice and specialist medical practice;

(d)the assessment arrangements for persons applying to the Registrar for inclusion in the General Practitioner Register or the Specialist Register who do not hold a CCT;

(e)the outcomes to be achieved by education and training in general practice or specialist medical practice, including the levels of skill, knowledge and expertise to be achieved;

(f)the examinations, assessments and other tests of competence to be completed, whether during or upon completion of a course of education and training in general practice or specialist medical practice; and

(g)any other matters relating to postgraduate medical education and training for general medical practice and specialist practice as the General Council considers appropriate.

34IPostgraduate medical education and training: approvalsU.K.

(1)In order to secure the maintenance of the standards and requirements established under section 34H(1)(a), the General Council may approve—

(a)courses or programmes of postgraduate medical education and training (or part of such a course or programme) which the General Council are satisfied meet, or would meet, the standards and requirements established under section 34H(1)(a);

(b)training posts which the General Council are satisfied meet, or would meet, the standards and requirements established under section 34H(1)(a);

(c)general practitioners whom the General Council consider to be properly organised and equipped for providing training for GP Registrars;

(d)examinations, assessments or other tests of competence.

(2)In connection with subsection (1), the General Council may approve postgraduate medical education and training taking place outside the United Kingdom.

(3)In exercising their functions under subsection (1) or (2), the General Council may attach conditions to any approval they give or have given including, if the General Council consider appropriate, a condition limiting the period of time for which that approval is valid.

(4)The General Council may at any time withdraw approval where they are satisfied that—

(a)any conditions imposed under subsection (3); or

(b)any standards or requirements established under section 34H(1)(a),

are not being met.

(5)If the General Council have formed the provisional opinion that an approval be—

(a)refused;

(b)given subject to conditions under subsection (3); or

(c)withdrawn under subsection (4),

they shall notify that opinion in writing to the person who has applied for the approval or, as the case may be, to whom the approval was given.

(6)Where the General Council have formed a provisional opinion under subsection (5), they shall allow—

(a)the person who they have notified; and

(b)any other person who they are satisfied has a substantial interest in the matter,

a reasonable opportunity to make representations to them before making the determination.

(7)The Registrar shall cause to be published from time to time (electronically or otherwise) a list specifying—

(a)any course or programme (or part of a course or programme), training post, general practitioner or examination, assessment or other test of competence that the General Council have approved pursuant to subsection (1) or (2);

(b)the date on which that approval was given;

(c)any conditions to which that approval is subject pursuant to subsection (3); and

(d)where relevant, the date on which that approval was withdrawn.

34JMinimum requirements for general practice trainingU.K.

(1)The minimum requirements for general practice training are that—

(a)the training meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 28(1), the first sub-paragraph of Article 28(2) and Article 28(3) of the Directive; and

(b)the period of training specified in the first sub-paragraph of Article 28(2) of the Directive includes—

(i)a period or periods amounting to at least 12 months employment as a GP Registrar under the supervision of a general practitioner who has been approved by the General Council under section 34I(1)(c), and

(ii)a period or periods amounting to at least 12 months employment in a post (or posts), in one or more specialties that are approved by the General Council as being relevant to general practice.

(2)Once the minimum training periods in subsection (1)(b) have been completed, any remaining period of training shall consist of a period of employment in a post (or posts) falling within subsection (1)(b)(i) or (ii).

34KMinimum requirements for specialist trainingU.K.

(1)The minimum requirements for specialist training are that the training—

(a)constitutes an entire course of training in the recognised specialty in question;

(b)meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 25(1), (2) and (3) of the Directive; and

(c)is for a period which is at least as long as any minimum training period that the Privy Council may by order prescribe for that specialty.

(2)The General Council may impose conditions in relation to any part-time specialist training which it approves.

34LAward and withdrawal of a Certificate of Completion of TrainingU.K.

(1)Subject to subsection (3), the Registrar shall award a certificate of completion of training (CCT) to any person who applies to the General Council for that purpose if—

(a)that person is a registered medical practitioner;

(b)the Registrar is satisfied that that person has been appointed to, and has satisfactorily completed, a course of training leading to the award of a CCT; and

(b)that course of training has been approved by the General Council under section 34I(1)(a).

(2)The Registrar may only award a CCT in general practice or in a recognised specialty.

(3)A CCT in the specialty of oral and maxillo-facial surgery may be awarded only to a person who has also successfully completed dental training that meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 34 of the Directive.

(4)A CCT shall state—

(a)the date on which it is awarded;

(b)that it is awarded in general practice, or, where applicable, the recognised specialty in which it is awarded;

(c)the name of its holder;

(d)the holder's primary medical qualifications and where those qualifications were awarded; and

(e)the holder's General Council reference number.

(5)The General Council shall make rules as to the procedure to be followed in relation to, and the evidence required in support of, applications for a CCT.

(6)A CCT shall be signed by the Registrar or by another person who has been nominated by the Registrar for this purpose.

(7)A CCT shall be withdrawn where the Registrar is satisfied that it has been fraudulently procured or incorrectly awarded.

34MVisitorsU.K.

(1)The General Council may, if they think fit, appoint persons to visit any body or other person by whom, or under whose direction or management, any postgraduate medical education or training is, or is proposed to be, given.

(2)The persons appointed under subsection (1) in relation to any visit must include at least one person who—

(a)is not, and never has been, registered with full or limited registration under any provision of this Act; and

(b)does not hold qualifications which would entitle an application to be made by that person for provisional or full registration under this Act.

(3)Persons who visit any body or person pursuant to subsection (1) shall prepare a report to the General Council on the visit.

(4)The General Council shall, following a request by any person, make available such reports.

34NPower to require informationU.K.

(1)This section applies to any body or other person that may be visited by persons appointed pursuant to section 34M(1).

(2)A body to which or person to whom this section applies shall give to the Registrar, within such period as the Registrar may reasonably require, any information that the Registrar may reasonably require for the purpose of the Registrar's or the General Council's functions under this Part.

(3)The matters with respect to which the Registrar may require information under subsection (2) include—

(a)the standards and requirements which must be met by persons pursuing postgraduate medical education and training;

(b)the procedures for managing that education or training.

(4)Where a body or person specified in subsection (1) fails to comply with a request under this section, the Registrar shall refer the matter to the General Council with a view to their forming a provisional opinion pursuant to section 34I(5).

34OFeesU.K.

(1)The General Council may make regulations with respect to the charging of fees in connection with—

(a)requests to the Registrar for written statements that a person is eligible for inclusion in the General Practitioner Register or the Specialist Register;

(b)applications for inclusion in the General Practitioner Register under section 34C(3);

(c)applications for inclusion in the Specialist Register under section 34D(4);

(d)requests for certificates under section 34G(2);

(e)applications for approvals under section 34I(1);

(f)applications for CCTs under section 34L(1); and

(g)visits made under section 34M.

(2)Regulations under subsection (1)(b) and (c) may make provision with respect to the charging of fees for the entry of qualifications in the General Practitioner Register or the Specialist Register or on the restoration of entries to those registers.

(3)Regulations under subsection (1) may provide that a request or application in respect of which a fee is payable is not valid unless the fee is paid.

(4)Regulations under subsection (1) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.]

[F258Part VU.K. Fitness to Practise and Medical Ethics

Textual Amendments

F258Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force except for the substitution of ss. 41(7)(8), 41C, 44(4), 44A(3) as notified in the London Gazette dated 8.10.2004, 16.11.2009 for the insertion of s. 41C as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 13 (with Sch. 2)

35General Council’s power to advise on conduct, performance or ethicsU.K.

The powers of the General Council shall include the power to provide, in such manner as the Council think fit, advice for members of the medical profession on—

(a)standards of professional conduct;

(b)standards of professional performance; or

(c)medical ethics.

35AGeneral Council’s power to require disclosure of informationU.K.

(1)For the purpose of assisting the General Council or any of their committees [F259or the Registrar] in carrying out functions in respect of a practitioner’s fitness to practise[F260, or for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of section 18A(1)(b),], a person authorised by the Council may require—

(a)a practitioner (except the practitioner in respect of whom the information or document is sought); or

(b)any other person,

who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document.

[F261(1A)The Registrar may by notice in writing require a practitioner, within such period as is specified in the notice, to supply such information or produce such documents as the Registrar considers necessary—

(a)for the purpose of assisting the General Council or any of their committees or the Registrar in carrying out functions in respect of the practitioner’s fitness to practise;

(b)for the purpose of assisting the Registrar in carrying out functions in respect of identifying whether the practitioner is a person registered by virtue of section 18A(1)(b).]

(2)As soon as is reasonably practicable after the relevant date, the General Council shall require, from a practitioner whose fitness to practise is being investigated, details of any person—

(a)by whom the practitioner is employed to provide services in, or in relation to, any area of medicine; or

(b)with whom he has an arrangement to do so.

(3)For the purposes of this section and section 35B below the relevant date is the date specified by the General Council by rules under paragraph 1 of Schedule 4 of this Act.

(4)Nothing in this section shall require or permit any disclosure of information which is prohibited by or under any other enactment [F262or the GDPR].

(5)But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in subsection (1) [F263or (1A)] above may, in exercising his functions under that subsection, require that the information be put into a form which is not capable of identifying that individual.

[F264(5A)In determining for the purposes of subsection (4) 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 section.]

(6)[F265Subsections (1) and (1A) above do not] apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

[F266(6A)If a person fails to supply any information or produce any document within 14 days of his being required to do so under subsection (1) above, the General Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

(6B)For the purposes of subsection (6A), “the relevant court” means the county court or, in Scotland, 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.]

[F267(6C)If a person fails to comply with a requirement imposed under subsection (1A), the Registrar may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal.

(6D)Where a matter is referred to the MPTS under subsection (6C), the MPTS must arrange for it to be considered by a Medical Practitioners Tribunal.

(6E)Sub-paragraphs (3D) to (5A) of paragraph 5A of Schedule 4 apply to a matter being considered by a Medical Practitioners Tribunal under subsection (6D) as if it were a matter being considered by the Tribunal under sub-paragraph (3B) of that paragraph; and a reference in this Act to any of sub-paragraphs (3D) to (5A) of that paragraph is to be read as including a reference to that sub-paragraph as so applied.]

(7)For the purposes of subsection (4), “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.

[F268“the GDPR” and references to Schedule 2 to the Data Protection Act 2018 have the same meaning as in Parts 5 to 7 of that Act (see section 3(10), (11) and (14) of that Act).]

(8)For the purposes of this section and section 35B below, a “practitioner” means a [F269fully registered person or a provisionally registered person].

Textual Amendments

F266S. 35A(6A)(6B) 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), 55

F269Words in s. 35A(8) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 12

35BNotification and disclosure by the General CouncilU.K.

(1)As soon as is reasonably practicable after the relevant date, the General Council shall notify the following of an investigation by the General Council of a practitioner’s fitness to practise—

(a)the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales; and

(b)any person in the United Kingdom of whom the General Council are aware—

(i)by whom the practitioner concerned is employed to provide services in, or in relation to, any area of medicine, or

(ii)with whom he has an arrangement to do so.

[F270(2)The General Council may, if they consider it to be in the public interest to do so, publish, or disclose to any person, information—

(a)which relates to a particular practitioner’s fitness to practise, whether the matter to which the information relates arose before or after his registration, or arose in the United Kingdom or elsewhere; or

(b)of a particular description related to fitness to practise in relation to every practitioner, or to every practitioner of a particular description.

(3)For the purposes of subsection (2)(b) above, the General Council need not consider whether it is in the public interest to publish or disclose the information in question in relation to each individual practitioner to whom it relates.

(4)Subject to subsection (5), the General Council shall publish in such manner as they see fit—

(a)decisions of a [F271Medical Practitioners Tribunal] that relate to a finding that a person’s fitness to practise is impaired (including decisions in respect of a direction relating to such a finding that follow a review of an earlier direction relating to such a finding);

(b)decisions of a [F271Medical Practitioners Tribunal] to make an order under section 38(1) or (2) below;

(c)decisions of a [F271Medical Practitioners Tribunal] to refuse an application for restoration to the register or to give a direction under section 41(9) below;

(d)decisions of an [F272Interim Orders Tribunal] or a [F271Medical Practitioners Tribunal] to make an order under section 41A below (including decisions in respect of orders varying earlier orders under that section);

[F273(da)decisions of a Medical Practitioners Tribunal to make a direction under paragraph 5A(3D) or 5C(4) of Schedule 4 and decisions of a Medical Practitioners Tribunal under section 35D that relate to such a direction;]

(e)warnings of a [F271Medical Practitioners Tribunal] regarding a person’s future conduct or performance;

(f)warnings of the Investigation Committee regarding a person’s future conduct or performance; and

(g)undertakings that have been agreed in accordance with rules made under paragraph 1(2A) [F274or (2C)] of Schedule 4.

(5)The General Council may withhold from publication under subsection (4) above information concerning the physical or mental health of a person which the General Council consider to be confidential.]

35CFunctions of the Investigation CommitteeU.K.

(1)This section applies where an allegation is made to the General Council against—

[F275(a)a fully registered person; or

(b)a person who is provisionally registered,]

that his fitness to practise is impaired.

(2)A person’s fitness to practise shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a)misconduct;

(b)deficient professional performance;

(c)a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(d)adverse physical or mental health; or

[F276(da)not having the necessary knowledge of English (but see section 2(4));]

(e)a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

[F277(3)This section is not prevented from applying because—

(a)the allegation is based on a matter that is alleged to have occurred—

(i)outside the United Kingdom, or

(ii)at a time when the person was not registered; or

(b)in relation to a person who is a participant in a revalidation pilot scheme, the allegation is based on information obtained in the course of or otherwise in connection with the person’s revalidation under that scheme.]

(4)The Investigation Committee shall investigate the allegation and decide whether it should be considered by a [F278Medical Practitioners Tribunal].

(5)If the Investigation Committee decide that the allegation ought to be considered by a [F279Medical Practitioners Tribunal]

(a)they shall give a direction to that effect to the Registrar;

(b)the Registrar shall refer the allegation to [F280the MPTS for them to arrange for the allegation to be considered by] a [F279Medical Practitioners Tribunal]; and

(c)the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(6)If the Investigation Committee decide that the allegation ought not to be considered by a [F281Medical Practitioners Tribunal], they may give a warning to the person who is the subject of the allegation regarding his future conduct or performance.

[F282(6A)In deciding whether to give a warning under subsection (6), the Investigation Committee must have regard to the over-arching objective.]

(7)If the Investigation Committee decide that the allegation ought not to be considered by a [F283Medical Practitioners Tribunal], but that no warning should be given under subsection (6) above—

(a)they shall give a direction to that effect to the Registrar; and

(b)the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(8)If the Investigation Committee are of the opinion that [F284an Interim Orders Tribunal or a Medical Practitioners Tribunal] should consider making an order for interim suspension or interim conditional registration under section 41A below in relation to the person who is the subject of the allegation—

(a)they shall give a direction to that effect to the Registrar;

(b)the Registrar shall refer the matter to [F285the MPTS for them to arrange for] [F284an Interim Orders Tribunal or a Medical Practitioners Tribunal]F286... to decide whether to make such an order; and

(c)the Registrar shall serve notification of the decision on the person who is the subject of the allegation and the person making the allegation (if any).

(9)In this section—

  • “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;F287...

  • “regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession[F288; and

  • “revalidation pilot scheme” has the meaning given by section 29EA(3) above.]

Textual Amendments

F275S. 35C(1)(a)(b) substituted for (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), 13

35CCProvisions supplementary to section 35CU.K.

(1)Rules under paragraph 1 of Schedule 4 to this Act may make provision for—

(a)the Registrar; or

(b)any other officer of the General Council,

to exercise the functions of the Investigation Committee under section 35C above, whether generally or in relation to such classes of case as may be specified in the rules.

[F289(1A)The reference in subsection (1) to an officer of the General Council does not include a reference to the chair of the MPTS or any other officer of the Council to whom functions of the MPTS have been delegated by virtue of paragraph 19F(7) of Schedule 1.]

(2)Where, by virtue of subsection (1) above, rules provide for the Registrar to exercise the functions of the Investigation Committee under subsections (5), (7) and (8) of section 35C above, those subsections shall apply in relation to him as if paragraph (a) in each of them were omitted.

(3)Section 35C above also applies in a case where[F290, in circumstances other than those specified in section 29C(1)(a) and (b)]

(a)it comes to the attention of the General Council that a person’s fitness to practise is called into question by one or more of the matters mentioned in subsection (2) of that section, but

(b)no allegation to that effect has been made to the Council against that person,

and in such a case section 35C shall apply as if an allegation to that effect had been made to the Council against that person.

[F291(4)Rules under paragraph 1 of Schedule 4 may make provision for section 35C(4) to (8) not to apply in relation to an allegation if the Investigation Committee consider the allegation to be vexatious.

(5)Rules under paragraph 1 of Schedule 4 may make provision for section 35C(4) to (8) not to apply in relation to an allegation if—

(a)at the time when the allegation is made, more than five years have elapsed since the most recent events giving rise to the allegation, and

(b)the Investigation Committee consider that it would not be in the public interest to investigate the allegation.

(6)Rules including provision by virtue of subsection (4) or (5) must provide that, where section 35C(4) to (8) does not apply in relation to an allegation, the Investigation Committee must serve notification of the decision on the person making the allegation (if any).

(7)Rules under paragraph 1 of Schedule 4 may make provision as to circumstances in which the Investigation Committee may review a decision made by them of a description specified in the rules that relates to a person’s fitness to practise.

(8)Where the rules include provision by virtue of any of subsections (4) to (7), the reference in subsection (1) to the functions of the Investigation Committee under section 35C is to be read as including a reference to the functions conferred by such provision.]

35D[F292Functions of a Medical Practitioners Tribunal]U.K.

(1)Where an allegation against a person is referred under [F293section 35C(5)(b)] above to [F294the MPTS—

(a)the MPTS must arrange for the allegation to be considered by a Medical Practitioners Tribunal, and

(b)]subsections (2) and (3) below shall apply.

(2)[F295Where the Medical Practitioners Tribunal] find that the person’s fitness to practise is impaired they may, if they think fit—

(a)except in a health case [F296or language case], direct that the person’s name shall be erased from the register;

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

(c)direct that his registration shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as [F297the Tribunal] think fit to impose for the protection of members of the public or in his interests.

(3)Where [F298the Tribunal] find that the person’s fitness to practise is not impaired they may nevertheless give him a warning regarding his future conduct or performance.

(4)Where [F299a Medical Practitioners Tribunal] have given a direction that a person’s registration be suspended—

(a)under subsection (2) above;

(b)under subsection (10) or (12) below; or

(c)under [F300paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act,

[F301subsections (4A) and (4B) below apply].

[F302(4A)The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period of suspension; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

(4B)The Registrar may, at any time prior to the expiry of the period of suspension, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal prior to that expiry; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.]

(5)[F303On a review arranged under subsection (4A) or (4B)], [F304a Medical Practitioners Tribunal] may, if they think fit—

(a)direct that the current period of suspension shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction;

(b)except in a health case [F305or language case] [F306or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], direct that the person’s name shall be erased from the register; F307...

(c)direct that the person’s registration shall, as from the expiry of the current period of suspension [F308or from such date before that expiry as may be specified in the direction], be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as [F304the Tribunal] think fit to impose for the protection of members of the public or in his interests[F309; or

(d)revoke the direction for the remainder of the current period of suspension,]

but, subject to subsection (6) below, [F304the Tribunal] shall not extend any period of suspension under this section for more than twelve months at a time.

(6)In a health case [F310or language case] [F311or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], [F312a Medical Practitioners Tribunal] may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—

(a)the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years; and

(b)the direction is made not more than two months before the date on which the period of suspension would otherwise expire.

(7)Where [F313a Medical Practitioners Tribunal have] given a direction under subsection (6) above for a person’s period of suspension to be extended indefinitely, [F314the Registrar shall refer the matter to the MPTS for them to arrange for a Medical Practitioners Tribunal to] review the direction if—

[F315(a)the person makes a request to the Registrar for there to be such a review;]

(b)at least two years have elapsed since the date on which the direction took effect; and

(c)if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the previous review.

(8)[F316Where a matter is referred to the MPTS under subsection (7), the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and on such a review, the Tribunal may]

(a)confirm the direction;

(b)direct that the suspension be terminated; or

(c)direct that the person’s registration be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as [F317the Tribunal] think fit to impose for the protection of members of the public or in his interests.

(9)Where—

(a)a direction that a person’s registration be subject to conditions has been given under—

(i)subsection (2), (5) or (8) above,

(ii)subsection (12) below,

(iii)[F318paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act, or

(iv)section 41A below; and

[F319(b)the Registrar is of the opinion that that person has failed to comply with any requirement imposed on the person as such a condition,]

[F320subsection (9A)] below applies.

[F321(9A)The Registrar may refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.]

(10)[F322Where, on a review arranged under subsection (9A), the Tribunal judge the person concerned to have failed to comply with a requirement imposed as a condition such as is mentioned in subsection (9)(a),] [F323the Tribunal] may, if they think fit—

(a)except in a health case [F324or language case] [F325or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], direct that the person’s name shall be erased from the register; or

(b)direct that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.

[F326(11)Where, in a case which does not come within subsection (9) above, a direction that a person’s registration be subject to conditions has been given under subsection (2), (5) or (8) above or paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, subsections (11A) and (11B) below apply.

(11A)The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period for which the conditions apply; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

(11B)The Registrar may, at any time prior to the expiry of the period for which the conditions apply, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.]

(12)[F327On a review arranged under subsection (11A) or (11B)], [F328a Medical Practitioners Tribunal] may, if they think fit—

(a)except in a health case [F329or language case] [F330or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4], direct that the person’s name shall be erased from the register;

(b)direct that the person’s registration in the Register shall be suspended during such period not exceeding twelve months as may be specified in the direction;

(c)direct that the current period of conditional registration shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction; or

(d)revoke the direction, or revoke or vary any of the conditions imposed by the direction, for the remainder of the current period of conditional registration,

but [F328the Tribunal] shall not extend any period of conditional registration under this section for more than three years at a time.

[F331(13)Where a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to give or make a direction, revocation or variation under subsection (5), (6), (8), (10) or (12) above, but the person concerned and the General Council have agreed in writing to the terms of such a direction, revocation or variation—

(a)the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may give a direction or make a revocation or variation on the agreed terms; or

(b)if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose.

(14)A direction, revocation or variation given or made under subsection (13)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).]

Textual Amendments

35EProvisions supplementary to section 35DU.K.

(1)Where, under section 35D above, [F332a Medical Practitioners Tribunal]

(a)give a direction that a person’s name shall be erased from the register;

(b)give a direction for suspension;

(c)give a direction for conditional registration; or

(d)vary any of the conditions imposed by a direction for conditional registration,

[F333the MPTS] shall forthwith serve on the person concerned notification of the direction or variation and of his right to appeal against it under section 40 below.

[F334(1A)Where, under section 35D, a Medical Practitioners Tribunal—

(a)give a direction or make a variation as mentioned in subsection (1),

(b)give a direction that a suspension be terminated,

(c)revoke a direction for conditional registration or a condition imposed by such a direction, or

(d)decide not to give a direction,

the MPTS shall forthwith serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction, variation, revocation or decision.

(1B)A notification under subsection (1A) must state whether, in giving the direction or making the variation, revocation or decision, the Tribunal took any undertakings into account in accordance with rules containing provision by virtue of paragraph 1(2C) of Schedule 4.]

(2)In subsection (1) above—

(a)references to a direction for suspension include a reference to a direction extending a period of suspension; and

(b)references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.

(3)While a person’s registration in the register is suspended by virtue of a direction under section 35D—

(a)he shall be treated as not being registered in the register notwithstanding that his name still appears in it, but

[F335(b)sections 31A, 35C, 35CC and 35D above, this section and section 39 below shall continue to apply to him.]

[F336(3A)In exercising a function under section 35D, a Medical Practitioners Tribunal must have regard to the over-arching objective.]

(4)In section 35D above, “health case” means any case in which [F337a Medical Practitioners Tribunal have] determined that—

(a)a person’s fitness to practise is impaired by reason of a matter falling within paragraph (d) of subsection (2) of section 35C above, but

(b)the person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection [F338other than paragraph (da)].

[F339(5)In section 35D, “language case” means any case in which [F340a Medical Practitioners Tribunal have] determined that—

(a)a person’s fitness to practise is impaired by reason of a matter falling within paragraph (da) of subsection (2) of section 35C, but

(b)that person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (d).]

Textual Amendments

F335S. 35E(3)(b) substituted (19.7.2006 for specified purposes, 15.9.2006 in so far as not already in force as notified in the London Gazette dated 8.9.2006) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 58

Modifications etc. (not altering text)

C6S. 35E(1) excluded (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 84(5)(a)

36 Professional misconduct and criminal offences.U.K.

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

36A Professional performance.U.K.

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

37 Unfitness to practise through illness, etc.U.K.

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

38 [F341Power to order immediate suspension etc.] U.K.

(1)On giving a direction for erasure or a direction for suspension under section 35D(2), (10) or (12) above, or under [F342paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act, in respect of any person the [F343Medical Practitioners Tribunal], if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the best interests of that person, may order that his registration in the register shall be suspended forthwith in accordance with this section.

(2)On giving a direction for conditional registration under section 35D(2) above, or under [F342paragraph 5A(3D) or 5C(4)] of Schedule 4 to this Act, in respect of any person the [F344Medical Practitioners Tribunal], if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the best interests of that person, may order that his registration be made conditional forthwith in accordance with this section.

(3)Where, on the giving of a direction, an order under subsection (1) or (2) above is made in respect of a person, his registration in the register shall, subject to subsection (4) below, be suspended (that is to say, shall not have effect) or made conditional, as the case may be, from the time when the order is made until the time when—

(a)the direction takes effect in accordance with—

(i)paragraph 10[F345, 10A or 10B] of Schedule 4 to this Act; F346...

F346(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)an appeal against it under section 40 below or [F347paragraph 5A(5) or 5C(7) of Schedule 4] is (otherwise than by the dismissal of the appeal) determined.

(4)Where a [F348Medical Practitioners Tribunal] make an order under subsection (1) or (2) above, [F349the MPTS] shall forthwith serve a notification of the order on the person to whom it applies.

(5)If, when an order under subsection (1) or (2) above is made, the person to whom it applies is neither present nor represented at the proceedings, subsection (3) above shall have effect as if, for the reference to the time when the order is made, there were substituted a reference to the time of service of a notification of the order as determined for the purposes of paragraph 8 of Schedule 4 to this Act.

(6)Except as provided in subsection (7) below, while a person’s registration in the register is suspended by virtue of subsection (1) above, he shall be treated as not being registered in the register notwithstanding that his name still appears in it.

(7)Notwithstanding subsection (6) above, sections 35C to 35E above shall continue to apply to a person whose registration in the register is suspended.

(8)The relevant court may terminate any suspension of a person’s registration in the register imposed under subsection (1) above or any conditional registration imposed under subsection (2) above, and the decision of the court on any application under this subsection shall be final.

(9)In this section “the relevant court” has the same meaning as in section 40(5) below.

Textual Amendments