Medical Act 1983

• (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);

• (c) applications for inclusion in the Specialist Register under section 34D(4);

• (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;

• (c) a decision on an application made under section 34D(4) not to indicate a field 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

• (c) has applied, before IP completion day, for registration under section 3(1)(a),

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;

• (c) a decision under section 35D—

• (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

• (c) to maintain proper professional standards and conduct for members of that profession.

• (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;

• (c) substitute for the relevant decision any other decision which could have been made by the Tribunal; or

• (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.

• (6) Rules under this paragraph must provide that a person appointed to a panel list holds and ceases to hold a position on the list in accordance with the terms of that person’s appointment.

• (7) 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 to a panel list or for selection to serve as the chair of a Medical Practitioners Tribunal or Interim Orders Tribunal; and the rules may, in particular, require the MPTS to set and publish those criteria.

• (8) Rules under this paragraph 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 MPTS in connection with the exercise of functions conferred on the MPTS by virtue of sub-paragraph (2)(a) or (b).

• (9) The MPTS must provide or arrange for the provision of—

• (a) such training as they may determine for persons appointed to a panel list;

• (b) such training as they may determine for persons whom they propose to appoint to a panel list.

• (10) Rules under this paragraph may include provision with regard to the effect (if any) of any defect in the appointment of a person to a panel list or in the selection of a person to serve as the chair or another member of a Medical Practitioners Tribunal or an Interim Orders Tribunal.

• (11) The MPTS must maintain a system for the declaration and registration of private interests of persons appointed to a panel list.

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

• (13) There are to be paid to persons appointed to a panel list such remuneration and such travelling, subsistence or other expenses as the General Council may allow.

• (14) In this paragraph—

• “lay member” has the same meaning as in paragraph 1A;

• “registrant member” means a member who—is fully registered or provisionally registered under this Act, andholds a licence to practise.

• (15) 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.

23D

The overriding objective of the General Council in exercising the power to make rules under paragraph 19F or 19G is to secure that Medical Practitioners Tribunals and Interim Orders Tribunals deal with cases fairly and justly ; and where the General Council consider that there is a conflict between meeting the objective under this paragraph and the over-arching objective, they must give priority to meeting the objective under this paragraph.

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

Case managers

7A

• (1) For the purpose of conducting the management of cases before a Medical Practitioners Tribunal, the MPTS may appoint persons as case managers.

• (2) A person may be appointed as a case manager either generally or for any particular proceedings or class of proceedings; accordingly, when appointing a person as a case manager for particular proceedings, the MPTS may appoint—

• (a) a person whom they have already appointed generally or for proceedings of the class in question, or

• (b) a person whom they have not already appointed but wish to appoint for the particular proceedings.

• (3) The MPTS must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under this paragraph.

• (4) The General Council may make rules containing provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the MPTS in connection with the exercise of any function relating to the appointment of a person as a case manager.

• (5) The chair of a Medical Practitioners Tribunal may be appointed as a case manager for the proceedings before that Tribunal if the chair satisfies such criteria as are set under sub-paragraph (3) in relation to legal qualifications and legal experience.

• (6) The General Council may make rules as to the functions of case managers appointed under this paragraph including, without prejudice to the generality of the powers to make such rules, provision—

• (a) enabling the case manager to give directions (including directions as to the adjournment of proceedings);

• (b) requiring directions given by the case manager to be treated as binding except in cases or circumstances specified in the rules;

• (c) (where the rules include provision by virtue of paragraph 1(4D)(a)) enabling the case manager to assess costs (or, in Scotland, to tax expenses or, in Northern Ireland, to tax costs) and requiring the case manager to have regard to a party’s ability to pay.

• (7) Nothing in this paragraph prevents a Medical Practitioners Tribunal from themselves collectively conducting the management of the case before them.

• (8) The General Council may pay to persons appointed under this paragraph such remuneration as the Council may determine.

• (9) Rules made under this paragraph may also contain such incidental and supplementary provisions as appear to the General Council expedient.

• (10) Rules under this paragraph do not come into force until approved by order of the Privy Council.

10A

• (1) A direction for suspension or for conditional registration given by a Medical Practitioners Tribunal under paragraph 5A(3D) is to take effect—

• (a) where no appeal under paragraph 5A(5) is brought against the direction within the time specified in paragraph 5A(5A), 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—

• (a) sub-paragraph (1) is to apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5A(5A) 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 5A(5A), the direction is 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 is to be construed accordingly.

21BA

• (1) This section applies where a specified state professional applies to be registered under section 21B and the person’s specified state qualification is not an acceptable overseas qualification.

• (2) This section does not apply if the specified state qualification is not an acceptable overseas qualification because Condition 3 is met in relation to it (see section 21B(9)).

• (3) Where this section applies, the General Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

• (4) An aptitude test or adaptation period specified under this section, or an aptitude test and adaptation period together specified under this section, must be proportionate to the difference sought to be addressed.

• (5) The General Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.

• (6) If the General Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.

• (7) The General Council may require a specified state professional who wishes to be registered under section 21B to demonstrate that the person possesses the language skills necessary to the practice of a fully registered medical practitioner.

• (8) A language test required by the General Council under subsection (7) must be proportionate to the level of language skills referred to in that subsection.

29GA

• (1) The General Council must make information about the following matters available to specified state professionals—

• (a) the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

• (b) the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

• (c) the processes and procedures for the ongoing verification of competence;

• (d) the criteria for, and procedures relating to, erasure from the register;

• (e) the documentation required of specified state professionals and the form in which it should be presented; and

• (f) the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registered medical practitioners that are acceptable to the General Council.

• (2) The General Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registered medical practitioners.

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

Duty to deal promptly with registration applications by specified state professionals

4C

On an application for the registration of a specified state professional under section 21B of this Act, the appropriate registrar must deal promptly with the person’s application.

Time allowed for specified state professionals in relation to application process

4D

Where a specified state professional makes an application for registration under section 21B of this Act, the appropriate registrar must give that person adequate time to meet the requirements and complete the procedures of the application process.