Medical Act 1983

1. Introductory Text

2. Part I Preliminary

   1. The General Medical Council

      1. 1. The General Medical Council.

      2. 2. Registration of medical practitioners.

3. Part II Medical Education and Registration: Persons Qualifying in the United Kingdom and Elsewhere in the EEC.

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

   2. 4. Qualifying examinations and primary United Kingdom qualifications.

   3. 5. General functions of the Education Committee in relation to medical education in the United Kingdom.

   4. 6. Further powers of the Education Committee.

   5. 7. Power to appoint visitors of medical schools.

   6. 8. Power to add further qualifying examinations.

   7. 9. Powers of Privy Council where standards not maintained.

   8. 10. Experience required for full registration by virtue of primary United Kingdom qualifications.

   9. 11. Provisions supplementary to s. 10, etc.

   10. 12. Special provisions as to employment in health centres.

   11. 13. Power to appoint visitors of approved hospitals.

   12. 14. Alternative requirements as to experience in certain cases.

   13. 15. Provisional registration.

   14. 15A. Provisional registration for EEA nationals

   15. 16. Registration of qualifications.

   16. 17. Primary qualifications obtained in other EEA States.

   17. 18. Visiting EEC practitioners.

4. Part III Registration of Persons Qualifying Overseas

   1. 19. Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.

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

   3. 21. Provisional registration.

   4. 21A. Full registration for eligible specialists and qualified general practitioners

   5. 22. Limited registration of persons by virtue of overseas qualifications.

   6. 23. Limited registration: supplementary provisions.

   7. 24. Limited registration: erasure.

   8. 25. Full registration of persons with limited registration.

   9. 26. Registration of qualifications.

   10. 27. Temporary full registration for visiting overseas specialists.

   11. 28. The Review Board for Overseas Qualified Practitioners.

   12. 29. Functions of the Review Board.

5. PART IIIA LICENCE TO PRACTISE AND REVALIDATION

   1. Duty of General Council to make regulations

      1. 29A. Regulations as to licence to practise and revalidation

   2. Grant, refusal and withdrawal of licence

      1. 29B. Grant, refusal and withdrawal of licence

      2. 29C. Referral to the Investigation Committee

   3. Restoration of licence

      1. 29D. Restoration of licence

   4. Supplementary provisions

      1. 29E. Evidence

      2. 29F. Appeals

      3. 29G. Guidance

      4. 29H. Notices

      5. 29J. Miscellaneous

6. Part IV General Provisions Concerning Registration

   1. 30. The registers.

   2. 31. Power to make regulations with respect to the registers.

   3. 31A. Voluntary removal from the register.

   4. 32. Registration fees.

   5. 33. Supplementary provisions about registration.

   6. 34. The Register

   7. 34A. Proof of registration

   8. 34B. Registration appeals

7. Part V Professional Conduct and Fitness to Practise

   1. 35. General Council’s power to advise on conduct, performance or ethics

   2. 35A. General Council’s power to require disclosure of information

   3. 35B. Notification and disclosure by the General Council

   4. 35C. Functions of the Investigation Committee

   5. 35CC. Provisions supplementary to section 35C

   6. 35D. Functions of a Fitness to Practise Panel

   7. 35E. Provisions supplementary to section 35D

   8. 36. Professional misconduct and criminal offences.

   9. 36A. Professional performance.

   10. 37. Unfitness to practise through illness, etc.

   11. 38. Power to order immediate suspension etc. after a finding of impairment of fitness to practise

   12. 39. Fraud or error in relation to registration

   13. 40. Appeals

   14. 41. Restoration of names to the register.

   15. 41A. Interim Orders

   16. 41B. Interim orders made by committees other than the Interim Orders Committee

   17. 42. Preliminary proceedings as to professional misconduct and unfitness to practise.

   18. 43. Proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels

   19. 44. Effect of disqualification in another member State on registration in the United Kingdom.

   20. 44A. Effect of disqualification or conviction on registration

   21. 45. Disciplinary provisions affecting practitioners who render services while visiting the United Kingdom

8. Part VI Privileges of Registered Practitioners

   1. 46. Recovery of fees.

   2. 47. Appointments not to be held except by fully registered practitioners.

   3. 48. Certificates invalid if not signed by fully registered practitioner.

   4. 49. Penalty for pretending to be registered.

9. Part VII Miscellaneous and General

   1. 50. Default powers of Privy Council.

   2. 51. Exercise of powers to make Orders in Council and other orders.

   3. 52. Exercise of powers of Privy Council.

   4. 52A. Annual reports

   5. 53. Proof of certain instruments.

   6. 54. Saving for certain occupations.

   7. 55. Interpretation.

   8. 56. Consequential amendments, repeals, transitional provisions and savings.

   9. 57. Short title, commencement and extent.

10. SCHEDULES

    1. SCHEDULE 1

       The General Medical Council and its Committees, and the Branch Councils

       1. Part I Constitution of the General Medical Council

          1. General

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

          2. Elected members

             1. 2. (1) Elections of elected members shall be conducted in accordance...

          3. Appointed members

             1. 3. (1) Appointed members shall be chosen by such bodies as...

          4. Nominated members

             1. 4. (1) Nominated members shall be nominated by the Privy Council....

             2. 4ZA. (1) This paragraph applies if, under section 187 of the...

          5. Suspension or removal from office of members

             1. 4A. (1) The General Council shall by rules make provision for...

          6. Registration of members’ private interests

             1. 4B. (1) The General Council must establish and maintain a system...

          7. Supplementary

             1. 5. An Order in Council under section 1 of this Act...

             2. 6. (1) Subject to sub-paragraph (2) below, a person shall not...

             3. 7. (1) Notwithstanding paragraph 1(2) above, an Order in Council under...

             4. 8. No recommendation shall be made to Her Majesty to amend...

       2. Part II Incidental Powers and Duties and Proceedings of the General Medical Council

          1. Incidental powers and duties

             1. 9. It shall be within the capacity of the General Council...

             2. 9A. In exercising their functions, the General Council shall co-operate wherever...

             3. 9B. (1) For the purposes of ensuring that registered medical practitioners...

             4. 10. For the purpose of enabling the General Council to compile...

             5. 11. The General Council may provide facilities for testing the knowledge...

          2. Proceedings of the General Council

             1. 12. The validity of any proceedings of the General Council shall...

             2. 13. The quorum of the General Council shall be prescribed by...

             3. 14. All acts of the General Council shall be decided by...

             4. 15. (1) The General Council may by standing order make provision...

          3. Officers of the General Council

             1. 16. (1) The General Council shall elect from among their number...

          4. Financial provisions

             1. 17. There shall be paid to the members of the General...

             2. 18. (1) Any fees or other sums payable by virtue of...

       3. Part III Committees of the General Medical Council

          1. The Education Committee

             1. 19. (1) Subject to sub-paragraph (2) below and the power of...

          2. The Interim Orders Committee

             1. 19A. Subject to the power of the Committee under paragraph 25...

          3. The Preliminary Proceedings Committee

             1. 20. The Preliminary Proceedings Committee shall be constituted as provided by...

          4. The Professional Conduct Committee

             1. 21. Subject to the power of the Committee under paragraph 25...

          5. The Assessment Referral Committee

             1. 21A. Subject to the power of the Committee under paragraph 25...

          6. The Committee on Professional Performance

             1. 21B. Subject to the power of the Committee under paragraph 25...

          7. The Health Committee

             1. 22. Subject to the power of the Committee under paragraph 25...

          8. Supplementary

             1. 23. Rules under paragraphs 21, 21B, and 22 above shall secure...

             2. 23A. Rules under paragraph 19A above shall secure that a person...

             3. 24. Rules under paragraph 19A, 20, 21 , 21A, 21B or...

             4. 25. (1) Without prejudice to the preceding provisions of this Part...

       4. Part IV The Branch Councils

          1. 26. (1) There shall continue to be a branch council for...

          2. 27. Each branch council shall appoint a registrar of the council...

          3. 28. The General Council shall furnish each branch council with such...

          4. 29. There shall be paid to the members of the branch...

    2. SCHEDULE 2

       Primary European Qualifications

    3. SCHEDULE 3

       Registration: Supplementary Provisions

       1. Preliminary

          1. 1. (1) Subject to the following provisions of this Schedule, any...

       2. To which registrar application to be made

          1. 2. (1) The following applications shall be made to the registrar...

       3. Proof of qualifications

          1. 3. (1) Subject to sub-paragraph (2) below, a person making an...

          2. 4. A registrar shall not register any qualification, whether on first...

       4. Issue of certificates of registration

          1. 5. (1) Subject to the foregoing provisions of this Schedule, on...

       5. Entry in or alteration of a register

          1. 6. (1) Without prejudice to sub-paragraph (2) below, the particulars stated...

       6. Visiting EEA practitioners

          1. 7. (1) No application shall be required for registration under section...

    4. SCHEDULE 3A

       Registration Appeals

       1. 1. Interpretation

       2. 2. Appealable registration decisions

       3. 3. Notice of appealable registration decisions

       4. 4. Appeals from appealable registration decisions

       5. 5. Appeals from a Registration Appeals Panel

       6. 6. Notices

       7. 7. Extension of time for appealing

    5. SCHEDULE 3B

       Licence to Practise and Revalidation: Appeals

       1. 1. Manner of, and time for, appealing

       2. 2. Extension of time for appealing

       3. 3. Rules as to procedure and evidence

       4. 4. References to the Investigation Committee

       5. 5. Powers of Registration Appeal Panels disposing of an appeal

       6. 6. Successful appeals

       7. 7. Unsuccessful appeals

       8. 8. Further appeal to court against determination within paragraph 7

    6. SCHEDULE 4

       PROCEEDINGS BEFORE THE INVESTIGATION COMMITTEE, INTERIM ORDERS PANELS AND FITNESS TO PRACTISE PANELS

       1. Procedure of and evidence before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels

          1. 1. (1) Subject to the provisions of this paragraph, the General...

          2. 2. (1) For the purpose of proceedings in England or Wales...

          3. 3. Where— (a) several sittings of the Investigation Committee, an Interim...

       2. Reference and transfer of cases to the Investigation Committee

          1. 3A. (1) Where in the course of any proceedings before a...

       3. Reference and transfer of cases to the Health Committee

          1. 4. . . . . . . . . . ....

       4. Preliminary proceedings

          1. 5. . . . . . . . . . ....

       5. Professional Performance Assessments

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

          2. 5B. (1) A justice of the peace (including, in Scotland, a...

       6. Proceedings for erasure of entries fraudulently or incorrectly made

          1. 6. (1) The General Council shall make rules with respect to...

       7. Legal assessors

          1. 7. (1) For the purposes of advising— (a) the Investigation Committee...

       8. Service of notifications of decisions

          1. 8. (1) This paragraph applies to any notice required to be...

       9. Extension of time for appealing

          1. 9. Where— (a) any notice required by section 35E(1) or 39(2)...

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

           1. 10. (1) A direction for erasure, for suspension or for conditional...

           2. 11. (1) If, while a person’s registration is suspended under section...

       11. Recording of directions for suspension or conditional registration

           1. 12. Where a direction under section 35D of this Act or...

       12. Meaning of “party”

           1. 13. In this Schedule “party”, in relation to proceedings before the...

    7. SCHEDULE 5

       Consequential Amendments of Enactments

       1. 1. . . . . . . . . . ....

       2. Mental Health Act 1959

          1. 2. In the definition of “medical practitioner” in section 147(1) of...

       3. Mental Health (Scotland) Act 1960

          1. 3. In the definition of “medical practitioner” in section 111(1) of...

          2. 4. . . . . . . . . . ....

       4. Medicines Act 1968

          1. 5. In section 132(1) of the Medicines Act 1968 for the...

       5. Mines Act (Northern Ireland) 1969

          1. 6. In section 158(1) of the Mines Act (Northern Ireland) 1969,...

       6. Nurses and Midwives Act (Northern Ireland) 1970

          1. 7. In section 54(1) of the Nurses and Midwives Act (Northern...

       7. Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971

          1. 8. In section 20 of the Nursing Homes and Nursing Agencies...

       8. Misuse of Drugs Act 1971

          1. 9. In section 37(1) of the Misuse of Drugs Act 1971...

       9. Health and Personal Social Services (Northern Ireland) Order 1972

          1. 10. In Article 2(2) of the Health and Personal Social Services...

       10. Finance Act 1972

           1. 11. In the Finance Act 1972— (a) in Schedule 4 in...

       11. Poisons Act 1972

           1. 12. In section 11(2) of the Poisons Act 1972 for the...

       12. Births and Deaths Registration (Northern Ireland) Order 1976

           1. 13. In Article 2(2) of the Births and Deaths Registration (Northern...

       13. Pharmacy (Northern Ireland) Order 1976

           1. 14. In Article 23 of the Pharmacy (Northern Ireland) Order 1976...

       14. Poisons (Northern Ireland) Order 1976

           1. 15. In Article 2(2) of the Poisons (Northern Ireland) Order 1976,...

       15. National Health Service Act 1977

           1. 16. In the National Health Service Act 1977—

       16. National Health Service (Scotland) Act 1978

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

       17. Interpretation Act 1978

           1. 18. In Schedule 1 to the Interpretation Act 1978, in the...

           2. 19. . . . . . . . . . ....

    8. SCHEDULE 6

       Transitional and Saving Provisions

       1. 1. Where any period of time specified in an enactment repealed...

       2. 2. Where, apart from this paragraph, anything done under or for...

       3. 3. Notwithstanding the repeal by this Act of section 57(3) of...

       4. 4. The repeal of section 4 of the 1978 Act by...

       5. 5. Nothing in the repeals made by this Act shall affect...

       6. 6. References in any enactment, instrument or other document passed or...

       7. 7. References (however worded) to the general register kept for the...

       8. 8. The reference in section 31(8) of this Act to a...

       9. 9. A person who immediately before the commencement of section 11...

       10. 10. Any reference to infamous conduct in any professional respect in...

       11. 11. (1) In any enactment passed before 1st January 1979 the...

       12. 12. Any direction given or order made under sections 32 to...

       13. 13. Any reference in any instrument to the Disciplinary Committee or...

       14. 14. Nothing in the transfer of functions which was effected by...

       15. 15. In relation to any person who was provisionally registered under...

       16. 16. The decisions within section 29(2) of this Act shall include...

       17. 17. Section 41 of this Act applies to a person whose...

       18. 18. Until provision is made with respect to proceedings before the...

       19. 19. Section 53 of this Act shall apply to a copy...

       20. 20. (1) A person registered under section 23 of the 1956...

       21. 21. The re-enactment in paragraph 2(2) of Schedule 1 to this...

       22. 22. Nothing in this Act shall affect the validity of the...

       23. 23. (1) Nothing in this Act shall affect the registration of...

       24. 24. (1) Where immediately before the commencement of this Act paragraph...

    9. SCHEDULE 7

       1. Part I Enactments Repealed

       2. Part II Revocation