41 Restoration of names to the register.U.K.
(1)Subject to [F1subsections (2) and (5)] below, where the name of a person has been erased from the register under section 36 above the Professional Conduct Committee may, if they think fit, direct his name to be restored to the register.
(2)No application for the restoration of a name to the register under this section shall be made to the Professional Conduct Committee—
(a)before the expiration of [F2five years] from the date of erasure; or
(b)in any period of [F3twelve months] in which an application for the restoration of his name has already been made by or on behalf of the person whose name has been erased.
(3)In the case of a person who was provisionally registered under section 15 [F4, 15A] or 21 above before his name was erased a direction under subsection (1) above shall be a direction that his name be restored by way of provisional registration under section 15 [F4, 15A] or 21 above, as the case requires.
(4)The requirements of Part II or Part III of this Act as to the experience required for registration as a fully registered medical practitioner shall not apply to registration in pursuance of a direction under subsection (1) above.
[F5(5)Before determining whether to give a direction under subsection (1), the Professional Conduct Committee shall require an applicant for restoration to provide such evidence as they direct as to one or more of his good character, professional competence and health; and they shall not give such a direction if that evidence does not satisfy them.
(6)Where, during the same period of erasure, a second or subsequent application for the restoration of a name to the register, made by or on behalf of the person whose name has been erased, is unsuccessful, the Professional Conduct Committee may direct that his right to make any further such applications shall be suspended indefinitely.
(7)Where the Professional Conduct Committee give a direction under subsection (6), the Registrar shall without delay serve on the person in respect of whom it has been made a notification of the direction and of his right to appeal against it in accordance with section 40.
F5(8)Any person in respect of whom a direction has been given under subsection (6) may, after the expiration of three years from the date on which the direction was given, apply to the Professional Conduct Committee for that direction to be reviewed by the Committee and, thereafter, may make further applications for review; but no such application may be made before the expiration of three years from the date of the most recent review decision.]
Textual Amendments
F1Words in s. 41(1) substituted (3.8.2000) by S.I. 2000/1803, art. 9(a)
F2Words in s. 41(2)(a) substituted (3.8.2000) by S.I. 2000/1803, art. 9(b)
F3Words in s. 41(2)(b) substituted (3.8.2000) by S.I. 2000/1803, art. 9(c)
F4Words in s. 41(3) inserted (4.12.2000) by S.I. 2000/3041, reg. 4(5)
F5S. 41(5)-(8) added (3.8.2000) by S.I. 2000/1803, art. 9(d)