The Medical Profession (Miscellaneous Amendments) Order 2008

Amendment of section 29B

9.—(1) Amend section 29B (grant, refusal and withdrawal of licence) as follows.

(2) After subsection (2) insert—

“(2A) Regulations under section 29A above may provide that—

(a) where there is an entry in the General Practitioner Register or the Specialist Register in respect of a medical practitioner (whether of the practitioner’s name, any specialist area or other information), the entry may be removed or amended in prescribed circumstances; and

(b) where such an entry has been removed or amended, it may be restored to the General Practitioner Register or the Specialist Register in prescribed circumstances.

(2B) Regulations under section 29A above may include provision for a licensing authority to take account of any report or recommendation concerning a medical practitioner which is provided to the licensing authority by a prescribed person or body in the circumstances specified in subsection (2C) below.

(2C) Those circumstances are that—

(a) regulations under section 29A above—

(i) make provision by virtue of section 29J(2B) below specifying requirements to be satisfied by medical practitioners (or medical practitioners of a prescribed description), and

(ii) make provision by virtue of section 29J(2C)(a) below for a prescribed person or body to carry out revalidation of such practitioners; and

(b) the medical practitioner is a person to whom those requirements apply.”.

(3) After subsection (3) insert—

“(3A) Regulations under section 29A above may make provision as to the procedure to be followed in connection with—

(a) the removal or amendment under regulations by virtue of subsection (2A) above of an entry appearing in the General Practitioner Register or the Specialist Register in respect of a medical practitioner; or

(b) in any case where, under such regulations, an entry in respect of a medical practitioner has been removed from the General Practitioner Register or the Specialist Register or has been amended—

(i) the restoration of the entry, or

(ii) the refusal to restore the entry.”.

(4) For subsection (4) substitute—

“(4) If a licensing authority decides—

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

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

(c) to remove an entry in respect of a medical practitioner from the General Practitioner Register or the Specialist Register or to amend an entry in respect of a medical practitioner in either of those Registers; or

(d) to refuse to restore an entry in respect of a medical practitioner to the General Practitioner Register or the Specialist Register,

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