Legalize / United Kingdom / Public General Act

Medical Act 1983

Type Public General Act

Publication 1983-07-26

Last updated 2025-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(5) The General Council may designate a specified state qualification for the purposes of subsection (3)(a) only where one or more of Conditions 1 to 3 are met.

(6) The General Council may designate that a specified state qualification does not meet the standard in subsection (3)(b)(ii) or (c)(ii) only where one or more of Conditions 1 to 3 are met.

(7) Condition 1 is met where there exists a substantial difference between the knowledge and skill evidenced by the specified state qualification and the prescribed knowledge and skill.

(8) Condition 2 is met where the professional activities to which a primary UK qualification relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

(9) Condition 3 is met where requiring a person who holds the specified state qualification to pass an aptitude test or successfully to complete an adaptation period, or to do both, would amount to requiring the person to acquire a primary United Kingdom qualification.

21C

(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) or (1C)(c), 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—

(a) of the matters specified in paragraphs (a), (c), and (d) 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.

(2A) Subsection (2)(b) does not apply to a person who makes an application under this section on or after IP completion day and who—

(a) has passed all of the qualifying examinations necessary for obtaining (but does not hold) a relevant European qualification within section 21B(3)(a) or (b), or

(b) holds, or has passed all of the qualifying examinations necessary for obtaining, a relevant European qualification within section 21B(3)(c).

(2B) Where an exempt person has made an application to the General Council, before IP completion day, to be provisionally registered under this section and satisfies the Registrar—

(a) of the matters specified in paragraphs (a), (b) and (d) of section 21B(1C) 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 the person possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

the person shall, if the Council think fit so to direct, be provisionally registered under this section.

(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.

27A

(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.

27B

(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;

(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.

Functions of the Investigation Committee

41C

(1) Where under this Part ...—

(a) a direction is given that a medical practitioner’s name be erased from the register; or

(b) an order is made or a direction is given that his registration as a medical practitioner be suspended,

the practitioner’s licence to practise shall be withdrawn with effect from the date when the direction or order has effect.

(2) Where a medical practitioner’s registration has been suspended and—

(a) that suspension expires without being further extended;

(b) the suspension is brought to an end without any direction for erasure or further suspension being made,

the practitioner’s licence to practise shall be restored with effect from the date on which the suspension comes to an end.

44B

(1) If a person has been registered by virtue of any provision of this Act ... and it is subsequently shown to the satisfaction of the Registrar that—

(a) his fitness to practise was impaired at the time of his registration as a result of serious, specific circumstances or because of a problem with his physical or mental health; and

(b) he had not informed the Registrar of those circumstances or that problem before his registration,

the Registrar may erase that person’s name from the register.

(2) The General Council may by regulations make provision for the information to be provided to the Registrar—

(a) by or in respect of a person seeking registration by virtue of any provision of this Act ... for the purpose of determining whether his fitness to practise is impaired;

(b) by or in respect of a person who is fully registered ... or provisionally registered, for the purpose of determining whether his fitness to practise was impaired at the time of his registration as a result of serious, specific circumstances or because of a problem with his physical or mental health.

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

(4) The Registrar may—

(a) refuse to register (even if he is directed by the General Council to do so) any person who fails to comply with, or in respect of whom there is a failure to comply with, regulations made under subsection (2)(a) above;

(b) erase from the register the name of any person who fails to comply with, or in respect of whom there is a failure to comply with, regulations made under subsection (2)(b) above.

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

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

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

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

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Regulations under subsection (2) above shall not have effect until approved by order of the Privy Council.

(11) Any provision made under subsection (2)(a) has effect subject to section 44BA below.

44C

(1) A person who holds a licence to practise as a medical practitioner, and practises as such, must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.

(2) For the purposes of this section, an “indemnity arrangement” may comprise—

(a) a policy of insurance;

(b) an arrangement for the purposes of indemnifying a person;

(3) For the purposes of this section, “appropriate cover”, in relation to practice as a medical practitioner, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.

(4) The General Council may make regulations in connection with the information to be provided to the Registrar—

(a) by or in respect of a person seeking a licence to practise for the purpose of determining whether, if he is granted such a licence, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; and

(b) by or in respect of a person who holds a licence to practise for the purpose of determining whether there is in force in relation to him an indemnity arrangement which provides appropriate cover.

(5) Regulations made under subsection (4)(b) may require the information mentioned there to be provided—

(a) at the request of the Registrar; or

(b) on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual practitioners or practitioners of a particular description.

(6) The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.

(7) The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.

(8) A licensing authority may refuse to grant a licence to practise to any person who fails to comply, or in respect of whom there is a failure to comply, with regulations made under subsection (4)(a).

(9) Where a person who holds a licence to practise is in breach of subsection (1) or there is a failure to comply with regulations made under subsection (4)(b) in relation to him—

(a) a licensing authority may withdraw that person's licence to practise; or

(b) the breach or failure may be treated as misconduct for the purposes of section 35C(2)(a) , and the Registrar may accordingly refer the matter to the Investigation Committee under section 35C(4).

(10) Regulations made under subsection (4), (6) or (7) shall not have effect until approved by the Privy Council.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44D

(1) Unless the Registrar otherwise directs in relation to a particular person, a person who is registered under section 3(1)(a) or 21B above after the coming into force of this section shall, before his first revalidation in accordance with Part 3A above after he is registered, practise medicine in the United Kingdom only in a practice setting—

(a) where he is subject to a governance system that includes, but is not limited to, provision for appropriate supervision and appraisal arrangements or assessments; and

(b) which is, or which is of a type which is, for the time being recognised by the General Council, either generally or in relation to him or to practitioners of his class, as being acceptable for a practitioner who is newly fully registered.

(2) Unless the Registrar otherwise directs in relation to a particular person, a person whose name is restored to the register after the coming into force of this section shall, before his first revalidation in accordance with Part 3A above after his name is restored to the register, practise medicine in the United Kingdom only in a practice setting—

(a) where he is subject to a governance system that includes, but is not limited to, provision for appropriate supervision and appraisal arrangements or assessments; and

(b) which is, or which is of a type which is, for the time being recognised by the General Council, either generally or in relation to him or to practitioners of his class, as being acceptable for a practitioner who is newly restored to the register.

(3) The General Council may limit their recognition of—

(a) a particular practice setting so that it is recognised in relation only to one or more particular practitioners or particular classes of practitioner;

(b) a particular type of practice setting so that it is recognised in relation only to one or more particular classes of practitioner.

(4) The General Council may exclude a particular practice setting from their recognition of a particular type of practice setting—

(a) in relation to all practitioners; or

(b) in relation to one or more particular classes of practitioner.

(5) The General Council may at any time vary or withdraw their recognition from a particular practice setting or a particular type of practice setting.

(6) An example of a valid reason for withdrawing recognition from a particular practice setting, or excluding a particular practice setting from recognition of a particular type of practice setting, is that the relevant governance system operated there is not quality assured by a body that is acceptable to the General Council as a provider of quality assurance.

(7) If—

(a) a person starts practising medicine in a practice setting that is, or is of a type that is, recognised under whichever is appropriate of subsection (1)(b) or (2)(b) above, either generally or in relation to practitioners of his class; and

(b) while he is practising medicine there, it ceases to be so recognised,

it is to be treated as continuing to be recognised in relation to the particular practitioner while he continues to practise medicine there.

(8) The General Council may by regulations make provision for the information to be provided to the Registrar by or in respect of a fully registered person for the purposes of determining whether or not he is in breach of subsection (1) or (2) above.

(9) If a fully registered person—

(a) is in breach of subsection (1) or (2) above; or

(b) fails to comply with regulations made under subsection (8) above, or there is a failure to comply with those regulations in respect of him,

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

(10) Regulations under subsection (8) above shall not have effect until approved by order of the Privy Council.

(11) The General Council may publish guidance for practitioners who—

(a) are newly fully registered or whose names are newly restored to the register; but

(b) are not subject to the requirements imposed by subsection (1) and (2),

on what are suitable practice settings for them before their first revalidation in accordance with Part 3A above after being registered or before their names are restored to the register.

...

Registration Panels

19B

Subject to the power of the Panel under paragraph 25 below to co-opt members, a Registration Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Registration Appeals Panels

19C

Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Investigation Committee

19D

Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council.

...

19E

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23B

Rules under paragraph 19B, 19C or 19D above may make provision as to quorum.

Interpretation

Further provision relating to the registration of specified state professionals

Appealable registration decisions

14A

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

(za) who has made an application for registration under this section before IP completion day,

(a) whose case falls within regulation 3(8)(a) of the General Systems Regulations,

(b) to whom regulations 27 to 34 of those Regulations apply by reason of the operation of regulation 3(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 EU 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.

19A

An exempt person—

(za) who has made an application for registration under this section before IP completion day,

(a) whose case falls within regulation 3(8)(e) of the General Systems Regulations,

(b) to whom regulations 27 to 34 of those Regulations apply by reason of the operation of regulation 3(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.

44BA

(1) Subsections (2) to (5) apply in relation to an exempt person (“E”) who applies for registration under section 3(1)(b), 14A or 19A of this Act.

(2) For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which—

(a) attests to E's good physical and mental health; and

(b) is required of a person who wishes to practise medicine in E's attesting State.

(3) If no such certificate is required of persons who wish to practise medicine in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which—

(a) attests to E's good physical and mental health; and

(b) is issued by a competent authority in E's attesting State.

(4) For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate which—

(a) attests to E's good character or good repute; and

(b) is issued by a competent authority in E's attesting State.

(5) If no such certificate is issued by a competent authority in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate—

(a) attesting to the authenticity of a declaration on oath made by E—

(i) before a competent judicial or administrative authority, notary or qualified professional body of E's attesting State, and

(ii) attesting to E's good character; and

(b) issued by the authority, notary or body referred to in paragraph (a)(i).

In this subsection, “declaration on oath” includes a solemn declaration.

(6) In subsections (2) to (5) the “attesting State”, in relation to E, is—

(a) the relevant European State in which E obtained his medical qualification; or

(b) (if different) the relevant European State from which E comes to the United Kingdom.

(7) The Registrar shall not accept any certificate referred to in subsection (2), (3), (4) or (5) if it is presented more than three months after the date on which it was issued.

49B

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SCHEDULE 2A

Application and interpretation

1

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2

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Registration in respect of provision of occasional medical services

3

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Entitlement to provide occasional medical services: first year

4

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First provision of services: required documents

5

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6

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Entitlement to provide occasional medical services after first year: renewals

7

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Duration of entitlement to provide occasional medical services

8

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Conditions

9

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Proof of nationality

4A

An exempt person (“A”) making an application for registration under section 3(1)(b), 14A, 15A or 19A of this Act shall produce or send to the appropriate registrar—

(a) if A is a national of a relevant European State, proof of A's nationality;

(b) if A is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person.

Acknowledgement of applications

4B

Where a person makes an application for registration under section 3, 14A, 15, 15A or 19A of this Act or where a specified state professional makes an application for registration under section 21B of this Act, the appropriate registrar, within the period of one month beginning with the date of receipt of the application, must—

(a) acknowledge receipt of the application; and

(b) inform the applicant of any missing document required for the purposes of the application.

SCHEDULE 4A

18A

(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.

30A

(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.

Part 5A — Responsible Officers

45A

(1) The appropriate authority may by regulations make provision for or in connection with requiring designated bodies to nominate or appoint persons who are to have such responsibilities as may be conferred on them by virtue of section 45B.

(2) A person who is so nominated or appointed by a designated body is to be known as its responsible officer (but this is subject to any provision made by virtue of subsection (5)(e)).

(3) In this Part “designated body” means—

(a) a body falling within any description of bodies prescribed for the purposes of this section, or

(b) any other body prescribed for those purposes.

(4) The descriptions of bodies, or particular bodies, that may be so prescribed are descriptions of bodies, or particular bodies, appearing to the appropriate authority—

(a) to provide, or arrange for the provision of, health care, or

(b) to employ or contract with medical practitioners.

(5) Regulations under this section may make provision—

(a) for conditions that must be satisfied in relation to a person if that person is to be nominated or appointed as, or remain as, a responsible officer of a designated body,

(b) authorising or requiring a designated body to nominate or appoint more than one responsible officer,

(c) for a single person to be nominated or appointed as the responsible officer for each of two or more designated bodies where those bodies are satisfied as to the prescribed matters,

(d) requiring a designated body that has a responsible officer to provide to the officer, or, if that designated body does not employ the officer, to the employer of the officer, funds and other resources necessary for enabling the officer to discharge the officer's prescribed responsibilities as a responsible officer for the designated body,

(e) for the persons nominated or appointed as mentioned in subsection (1) to be known by such name as is prescribed, and

(f) for making such amendments of any enactment as appear to the appropriate authority to be required in connection with any provision made by virtue of paragraph (e).

(6) The conditions imposed under subsection (5)(a) may in particular include a requirement for the designated body to consult the General Council before nominating or appointing any person as a responsible officer for the body.

(7) Regulations under this section may in prescribed cases provide that a responsible officer for a designated body is to be nominated by the appropriate authority instead of the designated body.

(8) In this section—

“enactment” includes any provision of, or any instrument made under, Northern Ireland legislation;

“health care” means services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness;

“illness” has the same meaning as in section 25(1) of the Health Act 2006.

45B

(1) Regulations under section 45A may make provision for or in connection with—

(a) conferring on the responsible officer or officers for a designated body responsibilities relating to the evaluation of the fitness to practise of medical practitioners having a prescribed connection with that body, and

(b) requiring a responsible officer for a designated body to co-operate with the General Council, any of its committees, or any persons authorised by the General Council, in connection with the exercise by any of them of functions under Part 3A or 5 of this Act.

(2) Where a designated body has more than one responsible officer, regulations under section 45A may make provision for or in connection with the division of prescribed responsibilities among those officers, including provision for the division to be determined by the designated body.

(3) The power by virtue of subsection (1)(a) to prescribe the connection between a medical practitioner and a designated body includes, in particular, power to prescribe a connection based on any of the following circumstances—

(a) the practitioner being employed by the designated body,

(b) the practitioner providing services to the designated body,

(d) the practitioner providing services in the geographical area in relation to which the designated body exercises functions in relation to the provision of any of the UK health services, or

(e) the practitioner being employed by or providing services to, or pursuant to arrangements made by, a body which is located in the geographical area in relation to which the designated body exercises functions in relation to the provision of any of the UK health services but is not itself a designated body.

(4) A designated body may confer on any of its responsible officers such powers as it considers appropriate to enable the officer to discharge any of the officer's prescribed responsibilities as a responsible officer for the body.

(5) If a designated body requires any of its responsible officers to carry out any functions other than the officer's prescribed responsibilities, it must in doing so have regard to the officer's prescribed responsibilities.

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

45C

(1) Regulations under section 45A may—

(a) create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and

(b) create other procedures for enforcing any provisions of the regulations.

(2) Regulations under section 45A may require a designated body or a responsible officer to have regard to any guidance given from time to time by the appropriate authority or any other prescribed person in relation to the nomination or appointment of responsible officers or their prescribed responsibilities.

(3) Regulations under section 45A may make provision requiring—

(a) a body which employs, or is provided with services by, a medical practitioner, or which arranges for others to be provided with services by a medical practitioner, but which is not a designated body, or

(b) a medical practitioner,

to provide, to the responsible officer with prescribed responsibilities relating to that medical practitioner or to the designated body for which the officer is a responsible officer or, if that designated body does not employ the responsible officer, to the employer of the officer, funds and other resources necessary for enabling the responsible officer to discharge the officer's prescribed responsibilities relating to that medical practitioner.

(4) Regulations under section 45A may make provision for or in connection with requiring prescribed persons to supply information or produce documents to a responsible officer in connection with the discharge of the prescribed responsibilities of the responsible officer.

45D

(1) This Part binds the Crown.

(2) No contravention by the Crown of any provision of this Part or regulations made under this Part makes the Crown criminally liable; but the High Court (or, in Scotland, the Court of Session) may declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) The provisions of this Part apply to persons in the service of the Crown as they apply to other persons.

(4) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.

45E

(1) The power of the Secretary of State to make regulations under section 45A is exercisable by statutory instrument.

(2) Before making any regulations under section 45A, the Secretary of State must consult—

(a) the Scottish Ministers, if the regulations extend to Scotland, and

(b) the Welsh Ministers, if the regulations apply to Wales.

(3) A statutory instrument that—

(a) contains regulations made by the Secretary of State under section 45A, and

(b) is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) The power of the Department of Health, Social Services and Public Safety in Northern Ireland to make regulations under section 45A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(6) A statutory rule that—

(a) contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and

(b) is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly,

is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.

(7) The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(8) Regulations under section 45A may make different provision for different cases.

45F

In this Part—

“the appropriate authority” means—in relation to England and Wales or Scotland, the Secretary of State, orin relation to Northern Ireland, the Department of Health, Social Services and Public Safety in Northern Ireland;

“designated body” has the meaning given by section 45A(3);

“prescribed” means prescribed by regulations under section 45A.

Part1 — Constitution of the General Medical Council

1A

(1) The General Council shall consist of—

(a) registrant members, that is members who are—

(i) fully registered under this Act and hold licences to practise,

(ii) provisionally registered under this Act and hold licences to practise, or

(iii) registered under the Anaesthesia Associates and Physician Associates Order 2024; and

(b) lay members, that is members who—

(i) are not and never have been provisionally registered or fully registered under this Act,

(ii) were at no time registered with limited registration under section 22 prior to its repeal, ...

(iii) do not hold qualifications which would entitle them to apply for provisional or full registration under this Act.

(iv) are not and never have been registered under the Anaesthesia Associates and Physician Associates Order 2024, and

(v) do not hold a qualification approved under article 4(1)(a)(ii) of that Order.

(2) The members of the General Council shall be appointed by the Privy Council.

(3) The Privy Council shall ensure that, at any time, at least one member of the General Council lives or works wholly or mainly in each of England, Scotland, Wales and Northern Ireland.

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

1B

(1) An order under section 1(2) shall include provision with regard to—

(a) the numbers of registrant members and lay members of the General Council;

(b) the terms of office for which members of the General Council are appointed, and the order may provide that these are to be determined by the Privy Council, on appointment;

(c) the grounds on which persons are to be disqualified from appointment as registrant or lay members of the General Council;

(d) the appointment of a chair of the General Council and the chair’s term of office, and the order may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum of the General Council; and

(g) the circumstances in which members cease to hold office or may be removed or suspended from office.

(2) But an order under section 1(2) must not include any provision which would have the effect that a majority of the members of the General Council would be lay members.

(3) An order under section 1(2) may include provision with regard to—

(a) the maximum period for which a member of the General Council may hold office as a member during a specified period;

(b) the maximum period for which a member of the General Council may serve as chair of the General Council during a specified period;

(c) the education and training of members of the General Council, and the order may provide for the General Council to include the requirements with regard to education and training of their members in standing orders, and for those standing orders to provide for—

(i) that education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the General Council at meetings of the General Council;

(e) the effect (if any) of any vacancy in the membership of the General Council or any defect in the appointment of a member; and

(f) enabling the Privy Council to appoint as the chair of the General Council, for a specified period, the person who held office as president of the General Council on the day before the first order of the Privy Council under section 1(2) comes into force.

(4) An order under section 1(2) may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the Privy Council to be necessary or expedient.

1C

(1) The General Council must maintain a system for the declaration and registration of private interests of their members.

(2) The General Council must publish in such manner as they see fit entries recorded in the register of members’ private interests.

23C

Rules under any of the paragraphs mentioned in paragraph 23B or under paragraph 19F may also make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the General Council in connection with the exercise of any function relating to the appointment of members or particular members of any of the panels or the committee to which those paragraphs relate, including any function relating to tenure of office or suspension or removal from office.

49A

(1) If a person who does not hold a licence to practise—

(a) holds himself out as having such a licence; or

(b) engages in conduct calculated to suggest that he has such a licence,

he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit.

(3) Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (2) above shall be paid to the Treasurer of the General Council.

PART 4A — POSTGRADUATE MEDICAL EDUCATION AND TRAINING

34C

(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

(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.

34D

(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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

(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.

34E

(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

(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.

34F

(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.

34G

(1) For the purposes of this section , 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 as a general practitioner in the United Kingdom, the Registrar shall issue a certificate for the purposes of enabling that certificate to be recognised in relevant European States.

(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.

34H

(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

(2) In exercising their functions under this Part, the main objectives of the General Council, in addition to the 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.

34I

(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

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;

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

34J

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

34K

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

34L

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

(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.

34M

(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.

34N

(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).

34O

(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);

(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.

2A

(1) The following decisions are also appealable registration decisions for the purposes of this Schedule—

(a) a decision on an application made under section 34C(3) not to include a person's name in the General Practitioner Register;

(b) a decision on an application made under section 34D(4) not to include a person's name in the Specialist Register;

(d) a decision on a request made under section 34G(2) not to issue a certificate for the purposes of Article 30(1) of the Directive;

(e) a decision on an application made under section 34L(1) to refuse to award a CCT;

(f) a decision to withdraw a CCT under section 34L(7).

(2) But a decision mentioned in sub-paragraph (1)(a) or (b) is not to be treated as an appealable registration decision under this paragraph if, in respect of that decision, there is a right of appeal by virtue of section 29F(1)(d) or (e).

(3) The right of appeal under sub-paragraph (1)(a) and (b) includes a right of appeal against a decision of the Registrar as to the length of additional training, the fields to be covered by it or any examination, assessment (including a specified period of assessment) or other test of competence that the Registrar has specified when notifying the person concerned of the decision.

(4) The right of appeal under sub-paragraph (1)(a) and (b) includes a right of appeal against a decision of the Registrar under Part 3 of the General Systems Regulations requiring a person to complete an adaptation period in connection with becoming entitled by virtue of that Part of those Regulations to practise as a general practitioner or a specialist (as the case may be) in the United Kingdom.

(5) In relation to any appealable registration decision falling within sub-paragraph (1), references in this Schedule to the requisite period are references to such period as may be prescribed by the General Council in rules; and different periods may be prescribed in relation to different decisions.

(6) Rules under sub-paragraph (5) shall not come into force until approved by order of the Privy Council.

29EA

(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).

5C

(1) The General Council may make rules—

(a) authorising the giving of directions by any of—

(i) the Investigation Committee,

(ii) a Medical Practitioners Tribunal,

(iii) such other persons as may be specified in the rules,

requiring a registered person or a person seeking restoration to the register to undertake an assessment of that person’s knowledge of English;

(b) specifying circumstances in which such an assessment may be undertaken otherwise than in accordance with a direction.

(1A) The reference in sub-paragraph (1) to a person seeking restoration to the register is a reference to a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for the person’s name to be restored to the register.

(2) An assessment required to be undertaken by virtue of this paragraph must be undertaken in accordance with rules made by the General Council under this paragraph; and the rules shall, in particular, provide—

(a) for the procedures to be followed ... when directing a ... person to undertake such an assessment;

(b) for the ... person who is required to undertake such an assessment to provide information in respect of that assessment to such persons as may be prescribed under the rules;

(c) for the information provided by virtue of paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

(3) If the Registrar is of the opinion that a registered person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment the Registrar...—

(a) may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal, and

(b) if he does so, shall without delay serve on the person a notification of the making of such a referral.

(3A) If the Investigation Committee are of the opinion that a registered person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment—

(a) the Investigation Committee may direct the Registrar to refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal; and

(b) the Registrar, having been given a direction under paragraph (a), must make the referral to the MPTS and must without delay serve on the person concerned a notification of the making of the referral.

(3B) Where a matter is referred to the MPTS under sub-paragraph (3) or (3A), the MPTS must arrange for the matter to be considered by a Medical Practitioners Tribunal.

(3C) If a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a person to undertake an assessment of that person’s knowledge of English, are of the opinion that the person concerned has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information required in respect of that assessment, the Tribunal must consider that matter.

(4) The Medical Practitioners Tribunal, on their consideration of a matter under sub-paragraph (3B) or (3C) may, if they think fit—

(a) direct that the person’s registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b) direct that the person’s registration shall be conditional on the person’s compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in the person’s interests.

(4A) In deciding whether to give a direction under sub-paragraph (4), a Medical Practitioners Tribunal must have regard to the over-arching objective.

(5) Where under sub-paragraph (4), the Medical Practitioners Tribunal give a direction for suspension or a direction for conditional registration the MPTS must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (7).

(5A) Where, under sub-paragraph (4), the Medical Practitioners Tribunal give a direction for suspension or a direction for conditional registration, or where the Tribunal decide not to give a direction under that sub-paragraph, the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction or decision.

(6) While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (4)—

(a) the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b) sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.

(7) An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of a Medical Practitioners Tribunal given under sub-paragraph (4) and on an appeal under this paragraph the relevant court may—

(a) quash the direction,

(b) substitute for the direction any other direction which the Tribunal could have made, or

(c) remit the case to the MPTS for them to arrange for a Medical Practitioners Tribunal to dispose of it in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

(8) Subject to paragraph 9, an appeal under sub-paragraph (7) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (5).

(9) Sub-paragraphs (6) to (9) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.

10B

(1) A direction for suspension or for conditional registration given by the Medical Practitioners Tribunal under paragraph 5C(4) above shall take effect—

(a) where no appeal under paragraph 5C(7) above is brought against the direction within the time specified in paragraph 5C(8) above, on the expiration of that time;

(b) where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c) where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2) Where the time for appealing against a direction is extended by an authorisation under paragraph 9 above—

(a) sub-paragraph (1) above shall apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5C(8) above were a reference to that time as so extended; and

(b) if the authorisation is given after the expiration of the time specified in paragraph 5C(8) above, the direction shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly.

10B

(A1) This section applies for the purposes of determining whether a person who—

(a) is a national of a relevant European state,

(b) holds a primary United Kingdom qualification, and

has satisfactorily completed an acceptable programme for doctors who are provisionally registered.

(1) If such a programme 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 ... is treated as meeting that requirement.

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

(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 (A1) as if the person were such a national.

40A

(1) This section applies to any of the following decisions by a Medical Practitioners Tribunal—

(a) a decision under section 35D giving—

(i) a direction for suspension, including a direction extending a period of suspension;

(ii) a direction for conditional registration, including a direction extending a period of conditional registration;

(iii) a direction varying any of the conditions imposed by a direction for conditional registration;

(b) a decision under paragraph 5A(3D) or 5C(4) of Schedule 4 giving—

(i) a direction for suspension;

(ii) a direction for conditional registration;

(i) giving a direction that a suspension be terminated;

(ii) revoking a direction for conditional registration or a condition imposed by such a direction;

(d) a decision not to give a direction under section 35D;

(e) a decision under section 41 giving a direction that a person’s name be restored to the register;

(f) a decision not to give a direction under paragraph 5A(3D) or 5C(4) of Schedule 4.

(2) A decision to which this section applies is referred to below as a “relevant decision”.

(3) The General Council may appeal against a relevant decision to the relevant court if they consider that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public.

(4) Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—

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

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

(5) The General Council may not bring an appeal under this section after the end of the period of 28 days beginning with the day on which notification of the relevant decision was served on the person to whom the decision relates.

(6) On an appeal under this section, the court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the relevant decision;

(d) remit the case to the MPTS for them to arrange for a Medical Practitioners Tribunal to dispose of the case in accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

(7) In this section and section 40B, “relevant court” has the meaning given by section 40(5).

40B

(1) If the General Council bring an appeal under section 40A—

(a) the Registrar must without delay give notice of the appeal to the Professional Standards Authority for Health and Social Care (“the Authority”); and

(b) the Authority may not refer the case to which the appeal relates under section 29 of the National Health Service Reform and Health Care Professions Act 2002 (“the 2002 Act”).

(2) The Authority may, in spite of subsection (1)(b), become a party to the appeal by giving notice to that effect to the relevant court, the General Council and the person to whom the relevant decision relates; and—

(a) the Authority does not require the permission of the relevant court to become a party to the appeal; and

(b) accordingly, any provision of rules of court requiring an application for such permission does not apply to the Authority.

(3) Having become a party to an appeal under section 40A by virtue of subsection (2) of this section, the Authority may make representations or file evidence in the appeal at any time before the end of the hearing of the appeal; but where it does so at a time which would, but for this subsection, have been in breach of a time limit imposed by rules of court, the relevant court may impose such conditions as it thinks fit.

(4) The matters which the Authority may raise on an appeal under section 40A include any matter which it could have raised on a reference of the case under section 29 of the 2002 Act.

(5) Where the Authority raises matters on an appeal under section 40A, the General Council and the person to whom the relevant decision relates have the same opportunity to respond as they would have if the Authority had raised the matters on a reference of the case under section 29 of the 2002 Act (and the General Council and person concerned had accordingly been respondents by virtue of subsection (7) of that section).

(6) If the General Council wish to withdraw an appeal under section 40A or, having agreed the terms of a settlement of the appeal with the person concerned, wish the appeal to be disposed of on those terms, they must give notice of their wish to the Authority (whether or not the Authority is a party to the appeal).

(7) The Authority, having received a notice under subsection (6), must by notice inform the relevant court, the General Council and the person concerned whether it wishes the proceedings on the appeal to continue.

(8) Where the Authority gives notice under subsection (7) that it wishes the proceedings to continue, they are to continue but are, from the time when the Authority gives its notice to the relevant court under subsection (7), to be treated as proceedings on a reference made by the Authority to the court under section 29 of the 2002 Act.

(9) In a case within subsection (8), the Authority must give notice to the relevant court, the General Council and the person concerned specifying the grounds of its case; and the General Council and the person concerned (as respondents to the appeal by virtue of section 29(7) of the 2002 Act) have the opportunity to respond accordingly.

(10) A requirement in this section to give a notice to a specified person is in addition to such requirements as are imposed by rules of court in relation to the persons to whom notice is to be given; and the giving of notice under this section is subject to such other requirements relating to the giving of notices as are imposed by rules of court.

52B

(1) The MPTS must publish, by such date in each year as the Privy Council specifies—

(a) a report on the nature and volume of cases referred to the MPTS;

(b) a report on the exercise of the MPTS’s functions which includes a description of the arrangements that the MPTS have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” each have the meaning given in section 8(2) of the Equality Act 2006);

(c) a report on the points of learning which the MPTS have identified and their proposals for addressing each of those points.

(2) The MPTS must submit copies of the reports published under subsection (1) to the Privy Council; and the Privy Council must lay copies of the reports before each House of Parliament.

Medical Practitioners Tribunal Service

19F

(1) The MPTS are to be constituted as provided by rules made under this paragraph by the General Council.

(2) Rules under this paragraph must secure that only persons who are not members of the General Council are to be members of the MPTS.

(3) Rules under this paragraph must include provision with regard to—

(a) the numbers of registrant members and lay members of the MPTS;

(b) (subject to sub-paragraph (6)) the appointment of members of the MPTS and the terms of office for which members are appointed, and the rules may provide that these are to be determined by whoever makes the appointment as member, on appointment;

(c) the grounds (in addition to that mentioned in sub-paragraph (2)) on which a person is to be disqualified from appointment as a registrant or lay member of the MPTS;

(d) (subject to sub-paragraph (6)) the appointment of a chair of the MPTS and the chair’s term of office, and the rules may provide that the term is to be determined by whoever makes the appointment as chair, on appointment;

(e) deputising arrangements in respect of the chair;

(f) the quorum at meetings of the MPTS;

(g) the circumstances in which a member of the MPTS ceases to hold office or may be removed or suspended from office.

(4) Provision by virtue of sub-paragraph (3)(a) must secure that the registrant members of the MPTS do not form a majority of the members.

(5) The chair of the MPTS is, by virtue of being appointed as such, an officer of the General Council.

(6) Where, immediately before the commencement of this paragraph, a committee of the General Council constituted under paragraph 25 have been carrying out functions relating to fitness to practise proceedings, the General Council—

(a) may appoint as the chair of the MPTS, for such period as the Council may determine, the person who, immediately before the commencement of this paragraph, was the chair of that committee, and

(b) may appoint as a member of the MPTS other than the chair, for such period as the Council may determine, a person who, immediately before the commencement of this paragraph, was a member of that committee.

(7) Rules under this paragraph may include provision for enabling the General Council to direct the MPTS to delegate to the chair of the MPTS, or to such other officer of the Council as the Council determine, such of the functions of the MPTS as the Council determine (and for enabling the MPTS so to delegate).

(8) Rules under this paragraph may include provision with regard to criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment as chair or as another member of the MPTS; and the rules may, in particular, require the General Council to set and publish those criteria.

(9) Rules under this paragraph may include provision with regard to—

(a) the maximum period for which a member of the MPTS may hold office during a specified period;

(b) the maximum period for which a member of the MPTS may serve as chair of the MPTS during a specified period;

(c) the education and training of members of the MPTS, and the rules may provide for the General Council to include the requirements with regard to education and training of members of the MPTS in standing orders, and for those standing orders to provide for—

(i) the education and training to be the responsibility of another body, and

(ii) those requirements to be set and varied by that body from time to time;

(d) the attendance of members of the MPTS at meetings of the MPTS;

(e) the effect (if any) of any vacancy in the membership of the MPTS or any defect in the appointment of a member.

(10) The MPTS must maintain a system for the declaration and registration of private interests of their members.

(11) The MPTS must publish in such manner as they see fit entries recorded in the register of members’ private interests.

(12) In this paragraph, “registrant member” and “lay member” each have the same meaning as in paragraph 1A.

(13) Rules under this paragraph may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the General Council to be necessary or expedient.

Medical Practitioners Tribunals and Interim Orders Tribunals

19G

(1) Medical Practitioners Tribunals and Interim Orders Tribunals are to be constituted as provided by rules made under this paragraph by the General Council.

(2) Rules under this paragraph must include provision with regard to—

(a) the appointment by the MPTS of persons to—

(i) a list of persons eligible to serve as the chair of a Medical Practitioners Tribunal or Interim Orders Tribunal;

(ii) a list of persons eligible to serve as a registrant member of either such Tribunal;

(iii) a list of persons eligible to serve as a lay member of either such Tribunal;

(b) the determination by the MPTS of the terms on which a person holds a position on a list referred to in paragraph (a) (a “panel list”) and of the grounds on which the MPTS may suspend or remove a person from holding a position on a panel list;

(c) the selection by the MPTS of persons who are on a panel list to serve as the chair and the other members of a Medical Practitioners Tribunal or Interim Orders Tribunal;

(d) the quorum for a Medical Practitioners Tribunal or Interim Orders Tribunal.

(3) A person appointed to a panel list within sub-paragraph (2)(a)(ii) or (iii) may also be appointed to a panel list within sub-paragraph (2)(a)(i).

(4) Rules under this paragraph must secure that—

(a) only a person who is not a member of the General Council, the Investigation Committee, a Registration Panel or a Registration Appeals Panel, or who is not an officer of the General Council, may be appointed to a panel list;

(b) a person who serves as a member of an Interim Orders Tribunal, or as a member of a Medical Practitioners Tribunal in arrangements made under section 41A(A1), may not serve as a member of a Medical Practitioners Tribunal in any subsequent proceedings in the case concerned.

(5) Rules under this paragraph may provide for a person to be appointed to a panel list either generally or only for particular proceedings or a particular class of proceedings.

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