(1)If a national of [F1an EEA State] who has medical qualifications entitling him to registration under section 3 above but is not so registered and who renders medical services while visiting the United Kingdom (whether or not registered as a visiting [F2EEA practitioner])—
(a)is found by the Professional Conduct Committee to have been convicted of a criminal offence in [F1any EEA State] where he was practising medicine; or
(b)is judged by the Professional Conduct Committee to have been guilty of serious professional misconduct,
the Committee may, if they think fit, impose on him a prohibition in respect of the rendering of medical services in the United Kingdom in the future.
(2)A prohibition imposed under this section shall either relate to a period specified by the Professional Conduct Committee or be expressed to continue for an indefinite period.
(3)A person may apply to the General Council for termination of a prohibition imposed on him under this section and the Council may, on any such application, terminate the prohibition or reduce the period of it; but no application may be made under this subsection—
(a)earlier than [F3five years] from the date on which the prohibition was imposed; or
(b)in the period of [F4twelve months] following a decision made on an earlier application.
(4)Section 18(1) above does not apply to a person and that person shall not be registered as a visiting [F2EEA practitioner] at a time when he is subject to a prohibition imposed by the Professional Conduct Committee under this section.
[F5(5)Before determining whether to terminate a prohibition under subsection (3), the General Council shall require the person applying for its termination to provide such evidence as they direct as to one or more of his good character, professional competence and health; and they shall not terminate the prohibition if that evidence does not satisfy them.
F5(6)Where, during the same period of prohibition, a second or subsequent application for termination of the prohibition, made by or on behalf of a person on whom the prohibition has been imposed, is unsuccessful, the General Council may direct that his right to make any further such applications shall be suspended indefinitely.
F5(7)Where the General Council 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 made, apply to the General Council for that direction to be reviewed by the General Council 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. 45(1) substituted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 10(a)
F2Words in s. 45(1)(4) substituted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 10(b)
F3Words in s. 45(3)(a) substituted (3.8.2000) by S.I. 2000/1803, art. 13(a)
F4Words in s. 45(3)(b) substituted (3.8.2000) by S.I. 2000/1803, art. 13(b)
F5S. 45(5)-(8) inserted (3.8.2000) by S.I. 2000/1803, art. 13(c)