Medical Act 1983

• (2) In any enactment passed before 1st January 1979 references (however expressed) to a person registered under the Medical Acts or as a medical practitioner shall, unless the contrary intention appears, be construed as references to a registered medical practitioner who holds a licence to practise.

12

Any direction given or order made under sections 32 to 38 of or Schedule 4 to the 1956 Act or section 15 or 16 of the Medical Act 1969 which had taken effect before 1st August 1980 and was in force immediately before that day shall, if it could be given or made under a provision of this Act have effect on and after that day as if given or made under that provision of this Act and sections 36, 38, 40 and 41 of this Act shall apply accordingly.

13

Any reference in any instrument to the Disciplinary Committee or to any provision repealed by section 6(4)(a) of the 1978 Act shall be construed as a reference to the Professional Conduct Committee or to the provision of this Act which corresponds to that repealed provision.

14

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15

In relation to any person who was provisionally registered under section 17 of the 1956 Act immediately before section 16 of the 1978 Act came into operation—

• (a) section 15 of the 1956 Act shall continue to have effect as it had immediately before that date;

• (b) section 10 of this Act shall not have effect; and

• (c) the remaining provisions of this Act shall have effect as if references to or to the provisions of section 10 of this Act were references to or to the provisions of section 15 of the 1956 Act.

16

The decisions within section 29(2) of this Act shall include those which were within subsection (2) of section 28 of the 1978 Act immediately before the commencement of this Act other than those to which subsection (3) of that section applied.

17

Section 41 of this Act applies to a person whose name has been erased from the register under section 33 of the 1956 Act or any corresponding enactment repealed by that Act as it applies to a person whose name is erased under section 36 of this Act.

18

Until provision is made with respect to proceedings before the Professional Conduct Committee under section 44 of this Act, rules made or having effect as if made under ... paragraph 1 of Schedule 4 to this Act, so far as relating to proof of criminal convictions, shall be applied with any necessary modifications to proof of a disqualifying decision.

19

Section 53 of this Act shall apply to a copy of any document to which section 51 of the 1956 Act applied immediately before the commencement of this Act as if such documents were mentioned in subsection (2) of that section.

20

• (1) A person registered under section 23 of the 1956 Act shall be deemed to be provisionally registered within the meaning of this Act and the definitions in section 55 of this Act of “provisionally registered” and “a fully registered person” shall have effect accordingly.

• (2) Without prejudice to sub-paragraph (1) above—

• (a) sections 30(1)(a) and (b) and 31(4) of this Act shall have effect as if after the words “section 15 above” there were inserted the words “or section 23 of the Medical Act 1956”;

• (b) section 34(4) of this Act shall have effect as if there were inserted at the end the words “or section 23 of the Medical Act 1956”; and

• (c) section 41(3) of this Act shall apply to a person who was provisionally registered under section 23 of the 1956 Act as it applies to a person provisionally registered under section 21 of this Act.

21

The re-enactment in paragraph 2(2) of Schedule 1 to this Act of section 1(5) of the 1978 Act shall not oblige the General Council to make a new electoral scheme any earlier than they would otherwise have done so.

22

Nothing in this Act shall affect the validity of the standing orders of the General Council in force immediately before 27th September 1979 and those orders shall have effect as if made under paragraph 15 of Schedule 1 to this Act.

23

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24

• (1) Where immediately before the commencement of this Act paragraph 9 of Schedule 5 to the 1978 Act applied to a person, after the commencement of this Act—

• (a) he shall be treated as having been registered under section 19 of this Act as a fully registered medical practitioner; and

• (b) any qualifications of his registered under section 18 of the 1956 Act shall be treated as having been registered under section 26 of this Act as if they were recognised overseas qualifications.

• (2) Sections 22 and 23 of the 1956 Act shall, notwithstanding their repeal by the 1978 Act, continue to have effect in relation to persons who were registered under section 23 immediately before the repeal; and a person who was so registered shall, on satisfying the General Council of the matters specified in paragraph (a), (b) or (c) of section 22(2) of the 1956 Act, be entitled to be registered under section 19 of this Act as a fully registered medical practitioner and to have registered under section 26 of this Act as if they were recognised overseas qualifications any qualifications which he would have been entitled to have had registered under section 18 of the 1956 Act.

• (3) Where immediately before the commencement of this Act paragraph 11(b) of Schedule 5 to the 1978 Act applied to any person he shall be treated for the purposes of sub-paragraph (2) above as having been registered under section 23 of the 1956 Act immediately before its repeal.

• (4) Where immediately before the commencement of this Act paragraph 12 of Schedule 5 to the 1978 Act applied to any person, he shall be entitled to be registered under section 19 of this Act as a fully registered medical practitioner and to have registered under section 26 of this Act as if they were recognised overseas qualifications any qualifications which he would have been entitled to have registered by virtue of that paragraph.

• (5) Any person who immediately before the commencement of this Act was treated by virtue of paragraph 13 of Schedule 5 to the 1978 Act as registered under section 18 of that Act shall after the commencement of this Act be treated as registered under section 19 of this Act as a fully registered medical practitioner.

SCHEDULE 7

Part I — Enactments Repealed

Part II — Revocation

The General Medical Council.

Interim Orders

15A

• (1) This section shall have effect for enabling a national of a relevant European State to be employed for the purpose of enabling him to acquire the clinical experience under appropriate supervision which he needs in order to obtain a primary European qualification.

• (2) A national of a relevant European State who, but for the acquisition of suitable clinical experience, has completed the training required for a primary European qualification, shall be entitled to be registered provisionally under this section if

• (a) the person has made an application, before IP completion day, for registration under this section, and

• (b) the person's fitness to practise is not impaired..

• (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,

shall be treated for the purposes of subsections (1) and (2) as if he were such a national.

• (4) Subsection (3) of section 15 above shall apply for the purposes of this section as it applies for the purposes of that.

• (5) For the purposes of subsection (2), a person has completed the training required for a primary European qualification, but for the acquisition of suitable clinical experience, where he has obtained a medical degree which guarantees that he has fulfilled the requirements of paragraph 3(a), (b) and (c) of article 24 of the Directive (basic medical training).

Restoration of names to the register.

21A

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PART IIIA — LICENCE TO PRACTISE AND REVALIDATION

Duty of General Council to make regulations

Indemnity arrangements

29A

• (1) Any reference in this Act to a “licence to practise” is a reference to a licence granted under and in accordance with this Part to a medical practitioner by a licensing authority.

• (2) The General Council shall make regulations with respect to licences to practise.

• (3) The provisions made by regulations under subsection (2) above must include provision for or in connection with each of the matters specified in subsection (4) below.

• (4) Those matters are—

• (a) grant of a licence to practise;

• (b) refusal of a licence to practise;

• (c) withdrawal of a licence to practise; and

• (d) revalidation of a medical practitioner of a prescribed description whenever a licensing authority sees fit to do so, either as a condition of the practitioner’s continuing to hold a licence to practise or of the practitioner’s licence to practise being restored.

• (5) In this Part—

• “licensing authority” means—the Registrar;a ...Registration Panel;such other committee of the General Council as may be prescribed; orsuch other officer of the General Council as may be prescribed;

• “prescribed” means prescribed by regulations made by the General Council under subsection (2) above; and

• “revalidation” means evaluation of a medical practitioner’s fitness to practise.

Grant, refusal and withdrawal of licence

29B

• (1) Regulations under section 29A above shall subject to subsection (1A), provide for a licence to practise to be granted to a medical practitioner—

• (a) on first registration under this Act as a medical practitioner with full registration;

• (b) on being provisionally registered under this Act; and

• (c) in such other cases or circumstances as may be prescribed.

• (1A) Regulations under section 29A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3).

• (1B) Regulations under section 29A which include provision under subsection (1A) must also include provision requiring the licensing authority, when determining whether a medical practitioner has demonstrated the necessary knowledge of English, to have regard to guidance published under section 29G(2A).

• (2) Regulations under section 29A above shall provide for the withdrawal of a licence to practise from a medical practitioner—

• (a) where the practitioner has failed to comply with prescribed requirements of regulations under section 29A above;

• (b) where the licence to practise was fraudulently procured or otherwise incorrectly granted;

• (c) where the medical practitioner requests that the licence to practise be withdrawn; and

• (d) in such other cases or circumstances as may be prescribed.

• (2D) Regulations under section 29A may include provision requiring a licensing authority to take account, in particular, of such evidence as a medical practitioner provides of his knowledge of English.

• (3) Regulations under section 29A above shall make provision as to the procedure to be followed in connection with the grant or refusal, or the withdrawal, of a licence to practise by a licensing authority.

• (4) If a licensing authority decides—

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

• (b) to withdraw a licence to practise from a medical practitioner,

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

• (5) The notice required by subsection (4) above is notice of—

• (a) the decision;

• (b) the reasons given for the decision by the licensing authority concerned; and

• (c) the practitioner’s right of appeal under section 29F below.

• (6) Section 29H below applies in relation to a notice under subsection (4) above.

29C

• (1) Paragraph (2) applies if—

• (a) in the course of revalidation, it comes to the attention of a licensing authority that a medical practitioner’s fitness to practise is called into question by one or more of the matters mentioned in section 35C(2) below; but

• (b) no allegation to that effect has been made to the General Council against the practitioner.

• (2) The Registrar shall notify the practitioner and section 35C below shall apply as if an allegation that the practitioner’s fitness to practise is impaired had been made to the General Council under that section.

Restoration of licence

29D

• (1) The General Council shall make regulations under section 29A above for and in connection with authorising or requiring a licensing authority, in such cases or circumstances as may be prescribed, to restore a licence to practise to a medical practitioner whose licence to practise has been withdrawn.

• (1A) Regulations by virtue of subsection (1) above may not include provision as to licences to practise that are withdrawn by virtue of section 41C below.

• (2) Regulations by virtue of subsection (1) above shall make provision as to the procedure to be followed in connection with the restoration, or the refusal of the restoration, of a licence to practise by a licensing authority.

• (3) If a licensing authority refuses to restore a licence to practise to a medical practitioner, the Registrar shall give the practitioner notice of—

• (a) the decision;

• (b) the reasons given for the decision by the licensing authority concerned; and

• (c) the practitioner’s right of appeal under section 29F below.

• (4) Section 29H below applies in relation to a notice under subsection (3) above.

Supplementary provisions

29E

• (1) Regulations under section 29A above may make provision for a licensing authority—

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

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

• (c) to refuse to restore a licence to practise to a medical practitioner,

in any case where the medical practitioner does not provide the licensing authority with such evidence or information as the authority may reasonably request for any of the purposes specified in subsection (2) below.

• (2) The purposes are those of—

• (a) determining whether to grant a licence to practise to the practitioner;

• (b) revalidation of the practitioner;

• (c) determining whether to withdraw a licence to practise from the practitioner; and

• (d) determining whether to restore a licence to practise to the practitioner.

• (2A) Regulations under section 29A above may include provision for or in connection with requiring a medical practitioner to supply information to a licensing authority (including information about his prospective, current or past employment as a medical practitioner) which, in the opinion of the licensing authority, will assist it in determining when and how to revalidate him.

• (3) For the purpose of carrying out any function under sections 29A to 29D above in relation to a medical practitioner, a licensing authority may require—

• (a) any medical practitioner (other than that practitioner); or

• (b) any other person,

who, in the opinion of the authority, is able to supply information, or produce any document, which appears relevant to the discharge of any such function, to supply such information or produce such a document.

• (4) For the purpose of reviewing procedures relating to—

• (a) revalidation; or

• (b) the grant, withdrawal or restoration of a licence to practise,

a licensing authority may require any medical practitioner or other person to supply information or produce any document.

• (5) Nothing in subsection (3) or (4) above shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR .

• (6) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, a licensing authority may, in exercising its functions under subsection (3) or (4) above, require that the information be put into a form which is not capable of identifying that individual.

• (7) In determining for the purposes of subsection (5) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.

• (8) Subsections (3) and (4) do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

• (9) In this section “enactment” includes—

• (a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

• (b) any provision of, or any instrument made under, Northern Ireland legislation.

...

29F

• (1) If a licensing authority decides under this Part—

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

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

• (c) to refuse to restore a licence to practise to a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.

• (1A) If a licensing authority decides under—

• (a) section 44C(8) to refuse to grant a licence to practise to a medical practitioner; or

• (b) section 44C(9)(a) to withdraw a licence to practise from a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.

• (2) Schedule 3B (which provides for the procedures to be followed before a Registration Appeals Panel) shall apply in relation to any appeal under subsection (1) or (1A) above.

• (3) A decision under this Part to withdraw a licence to practise from a medical practitioner shall not be carried into effect—

• (a) until the time for bringing any appeal against the decision has expired without an appeal being brought; or

• (b) where an appeal is brought, until the date on which the appeal is finally disposed of or abandoned or fails by reason of its non-prosecution.

29G

• (1) The General Council may publish guidance for medical practitioners relating to the information and documents to be provided, and any other requirements to be satisfied—

• (za) for securing the grant of a licence to practise;

• (a) for the purposes of revalidation; or

• (b) for securing restoration of a licence to practise.

• (1A) The information and documents to be provided, and other requirements to be satisfied, may relate to—

• (a) standards set by a prescribed person or body; or

• (b) documents issued by a prescribed person or body.

• (2) In preparing any guidance under subsection (1)(a) in relation to revalidation, the General Council shall take into account such similarities as there may be between any information or documents to be provided, or any other requirements to be satisfied—

• (a) for the purposes of revalidation; and

• (b) for the purposes of any scheme for the appraisal of medical practitioners which applies within any of the UK health services.

• (2A) The General Council must publish guidance relating to the evidence, information or documents to be provided for the purposes of demonstrating that a medical practitioner has the necessary knowledge of English.

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

29H

• (1) This section applies to any notice required to be given to a medical practitioner under—

• (a) section 29B or 29D above; or

• (b) paragraph 6 or 7 of Schedule 3B to this Act.

• (2) Any such notice may be so given—

• (a) by delivering it to him;

• (b) by leaving it at his proper address;

• (c) by sending it by a registered post service; or

• (d) by sending it by a postal service which provides for the delivery of the notice by post to be recorded.

• (3) For the purposes of this section and of section 7 of the Interpretation Act 1978 in its application to this section, a medical practitioner’s proper address shall be—

• (a) his address in the register; or

• (b) if the conditions in subsection (4) below are satisfied, his last known address.

• (4) The conditions are that—

• (a) the practitioner’s last known address differs from his address in the register; and

• (b) it appears to the body or person giving the notice that a letter sent to the practitioner at his last known address is more likely to reach him.

• (5) For the purposes of this section—

• (a) the giving of a notice effected by sending it by post shall be deemed to have been effected at the time when the letter containing it would be delivered in the ordinary course of post; and

• (b) so much of section 7 of the Interpretation Act 1978 as relates to the time when service is deemed to have been effected shall not apply to a notice sent by post.

29J

• (1) Regulations under section 29A above may provide for the charging of a fee to a medical practitioner in respect of the cost of—

• (a) his revalidation; or

• (b) the consideration of any application made by him for restoration of a licence to practise.

• (2) Any sum payable by a medical practitioner under subsection (1) above—

• (a) may be recovered by the General Council; or

• (b) where regulations by virtue of subsection (2B) below are in force, may instead be recovered by a prescribed person or body in such cases or circumstances, and to such extent, as may be prescribed.

• (2A) In England and Wales or Northern Ireland, any such sum shall be recoverable summarily as a civil debt.

• (2B) Regulations under section 29A above may specify requirements to be satisfied by medical practitioners (or medical practitioners of a prescribed description) by reference to standards which are—

• (a) set by a prescribed person or body (“C”); and

• (b) endorsed by the General Council.

• (2C) If regulations under section 29A above make provision by virtue of subsection (2B), they may also—

• (a) provide for C to carry out revalidation of any medical practitioner to whom the regulations apply;

• (b) require a medical practitioner or any other person (including another medical practitioner) to provide any evidence, information or document which C may reasonably request for or in connection with revalidation of a medical practitioner;

• (c) provide for the powers of a licensing authority in section 29E(1)(a) to (e) above to be exercisable in relation to a medical practitioner in connection with any refusal or failure by the practitioner to provide C with such information;

• (d) make provision equivalent to section 29E(5) to (9) above as to the disclosure of such information to C (with appropriate modifications);

• (e) provide for C to make reports and recommendations to the licensing authority about a medical practitioner in connection with revalidation by C; and

• (f) make other provision as to the procedure to be followed for or in connection with revalidation by C.

• (2D) Nothing in subsection (2C) permits regulations to be made giving C power to make any decision as to—

• (a) a medical practitioner holding, or continuing to hold, a licence to practise; or

• (b) the making of any change to the General Practitioner Register or the Specialist Register in respect of a medical practitioner.

• (2E) Regulations under section 29A may make provision in connection with determining whether a medical practitioner has demonstrated the necessary knowledge of English; and the regulations may in particular—

• (a) provide for the licensing authority to require a person to undertake an assessment to demonstrate whether the person has the necessary knowledge of English;

• (b) require a person to provide any evidence, information or document which the licensing authority may reasonably request for the purpose of demonstrating whether the person has the necessary knowledge of English but the regulations may not require, or enable the licensing authority to request, evidence or information demonstrating that the practitioner’s knowledge of English exceeds the necessary knowledge of English;

• (c) provide for the powers of the licensing authority in section 29E(1)(a) and (b) to be exercisable in relation to a person in connection with any refusal or failure by the person to provide the licensing authority with such information;

• (d) make provision equivalent to section 29E(5) to (9) as to the disclosure of such information to the licensing authority (with appropriate modifications).

• (3) Regulations under section 29A above may make different provision for different purposes, cases or circumstances or different areas.

• (4) Regulations under section 29A above shall not have effect until approved by order of the Privy Council.

• (5) Before making regulations under section 29A above, the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the Council requisite to be consulted.

31A

• (1) The General Council may make regulations—

• (a) providing for the erasure by the Registrar from ... any of the registers of the name of any person who applies, in the manner prescribed by the regulations, for his name to be erased from ... any of the registers;

• (b) providing for the refusal by the Registrar of applications under paragraph (a) above in such cases and circumstances as may be prescribed by the regulations;

• (c) making provision (including provision requiring the approval of the General Council or of one of the statutory committees) for the restoration to ... any of the registers of the name of any person whose name has been erased in accordance with regulations made in pursuance of paragraph (a) above.

• (1A) Regulations under subsection (1)(c) above shall provide that, in such circumstances as may be prescribed, a person’s name is not to be restored to ... any of the registers unless—

• (a) the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit;

• (b) the practitioner’s licence to practise is restored in accordance with the regulations; or

• (c) both (a) and (b) are met.

• (1B) In subsection (1A) above, “prescribed” means prescribed under regulations made under subsection (1) above.

• (1C) Regulations under subsection (1)(c) above may include provision, where the person concerned is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the General Council or a committee of the Council to take into account—

• (a) whether the assessment was carried out,

• (b) whether any requirements imposed in respect of the assessment were complied with, and

• (c) if the assessment was carried out, the results of the assessment.

• (2) Regulations under this section shall not have effect until approved by order of the Privy Council.

35A

• (1) For the purpose of assisting the General Council or any of their committees or the Registrar in carrying out functions in respect of a practitioner’s fitness to practise, or for the purpose of assisting the Registrar in carrying out functions in respect of identifying any person registered by virtue of section 18A(1)(b),, a person authorised by the Council may require—

• (a) a practitioner (except the practitioner in respect of whom the information or document is sought); or

• (b) any other person,

who in his opinion is able to supply information or produce any document which appears relevant to the discharge of any such function, to supply such information or produce such a document.

• (1A) The Registrar may by notice in writing require a practitioner, within such period as is specified in the notice, to supply such information or produce such documents as the Registrar considers necessary—

• (a) for the purpose of assisting the General Council or any of their committees or the Registrar in carrying out functions in respect of the practitioner’s fitness to practise;

• (b) for the purpose of assisting the Registrar in carrying out functions in respect of identifying whether the practitioner is a person registered by virtue of section 18A(1)(b).

• (2) As soon as is reasonably practicable after the relevant date, the General Council shall require, from a practitioner whose fitness to practise is being investigated, details of any person—

• (a) by whom the practitioner is employed to provide services in, or in relation to, any area of medicine; or

• (b) with whom he has an arrangement to do so.

• (3) For the purposes of this section and section 35B below the relevant date is the date specified by the General Council by rules under paragraph 1 of Schedule 4 of this Act.

• (4) Nothing in this section shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR.

• (5) But where information is held in a form in which the prohibition operates because the information is capable of identifying an individual, the person referred to in subsection (1) or (1A) above may, in exercising his functions under that subsection, require that the information be put into a form which is not capable of identifying that individual.

• (5A) In determining for the purposes of subsection (4) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.

• (6) Subsections (1) and (1A) above do not apply in relation to the supplying of information or the production of a document which a person could not be compelled to supply or produce in civil proceedings before the relevant court (within the meaning of section 40(5) below).

• (6A) If a person fails to supply any information or produce any document within 14 days of his being required to do so under subsection (1) above, the General Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

• (6B) For the purposes of subsection (6A), “the relevant court” means the county court or, in Scotland, the sheriff in whose sheriffdom is situated the address—

• (a) which is shown in the register as the address of the person concerned; or

• (b) which would have been so shown if the person concerned were registered.

• (6C) If a person fails to comply with a requirement imposed under subsection (1A), the Registrar may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal.

• (6D) Where a matter is referred to the MPTS under subsection (6C), the MPTS must arrange for it to be considered by a Medical Practitioners Tribunal.

• (6E) Sub-paragraphs (3D) to (5A) of paragraph 5A of Schedule 4 apply to a matter being considered by a Medical Practitioners Tribunal under subsection (6D) as if it were a matter being considered by the Tribunal under sub-paragraph (3B) of that paragraph; and a reference in this Act to any of sub-paragraphs (3D) to (5A) of that paragraph is to be read as including a reference to that sub-paragraph as so applied.

• (7) For the purposes of subsection (4), “enactment” includes—

• (a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

• (b) any provision of, or any instrument made under, Northern Ireland legislation.

...

• (8) For the purposes of this section and section 35B below, a “practitioner” means a fully registered person or a provisionally registered person.

35B

• (1) As soon as is reasonably practicable after the relevant date, the General Council shall notify the following of an investigation by the General Council of a practitioner’s fitness to practise—

• (a) the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales; and

• (b) any person in the United Kingdom of whom the General Council are aware—

• (i) by whom the practitioner concerned is employed to provide services in, or in relation to, any area of medicine, or

• (ii) with whom he has an arrangement to do so.

• (2) The General Council may, if they consider it to be in the public interest to do so, publish, or disclose to any person, information—

• (a) which relates to a particular practitioner’s fitness to practise, whether the matter to which the information relates arose before or after his registration, or arose in the United Kingdom or elsewhere; or

• (b) of a particular description related to fitness to practise in relation to every practitioner, or to every practitioner of a particular description.

• (3) For the purposes of subsection (2)(b) above, the General Council need not consider whether it is in the public interest to publish or disclose the information in question in relation to each individual practitioner to whom it relates.

• (4) Subject to subsection (5), the General Council shall publish in such manner as they see fit—

• (a) decisions of a Medical Practitioners Tribunal that relate to a finding that a person’s fitness to practise is impaired (including decisions in respect of a direction relating to such a finding that follow a review of an earlier direction relating to such a finding);

• (b) decisions of a Medical Practitioners Tribunal to make an order under section 38(1) or (2) below;

• (c) decisions of a Medical Practitioners Tribunal to refuse an application for restoration to the register or to give a direction under section 41(9) below;

• (d) decisions of an Interim Orders Tribunal or a Medical Practitioners Tribunal to make an order under section 41A below (including decisions in respect of orders varying earlier orders under that section);

• (da) decisions of a Medical Practitioners Tribunal to make a direction under paragraph 5A(3D) or 5C(4) of Schedule 4 and decisions of a Medical Practitioners Tribunal under section 35D that relate to such a direction;

• (e) warnings of a Medical Practitioners Tribunal regarding a person’s future conduct or performance;

• (f) warnings of the Investigation Committee regarding a person’s future conduct or performance; and

• (g) undertakings that have been agreed in accordance with rules made under paragraph 1(2A) or (2C) of Schedule 4.

• (5) The General Council may withhold from publication under subsection (4) above information concerning the physical or mental health of a person which the General Council consider to be confidential.

36A

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

41A

• (A1) Where a matter is referred under section 35C(8) to the MPTS, the MPTS must arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal to decide whether to make an order as mentioned in that provision.

• (1) Where an Interim Orders Tribunal or a Medical Practitioners Tribunal in arrangements made under subsection (A1), or a Medical Practitioners Tribunal on their consideration of a matter, are satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a fully registered person, for the registration of that person to be suspended or to be made subject to conditions, the Tribunal may make an order—

• (a) that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding eighteen months as may be specified in the order (an “interim suspension order”); or

• (b) that his registration shall be conditional on his compliance, during such period not exceeding eighteen months as may be specified in the order, with such requirements so specified as the Tribunal think fit to impose (an “order for interim conditional registration”).

• (2) Subject to subsection (9) below, where an Interim Orders Tribunal or a Medical Practitioners Tribunal have made an order under subsection (1) above, an Interim Orders Tribunal or a Medical Practitioners Tribunal—

• (a) shall review it within the period of six months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—

• (i) before the end of the period of six months beginning on the date of the decision of the immediately preceding review; or

• (ii) if after the end of the period of three months beginning on the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and

• (b) may review it where new evidence relevant to the order has become available after the making of the order.

• (3) Where an interim suspension order or an order for interim conditional registration has been made in relation to any person under any provision of this section (including this subsection), an Interim Orders Tribunal or a Medical Practitioners Tribunal may, subject to subsection (4) below—

• (a) revoke the order or revoke any condition imposed by the order;

• (b) vary any condition imposed by the order;

• (c) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former; or

• (d) if satisfied that to do so is necessary for the protection of members of the public, or is otherwise in the public interest, or is in the interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former.

• (3A) Where an Interim Orders Tribunal or a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to make an order under subsection (3) above, but the person concerned and the General Council have already agreed in writing to the terms of such an order—

• (a) the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may make an order on the agreed terms; or

• (b) if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose.

• (3B) An order made under subsection (3A)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been made by the Tribunal under subsection (3).

• (4) No order under subsection (1) or (3)(b) to (d) above shall be made by a Tribunal in respect of any person unless he has been afforded an opportunity of appearing before the Tribunal and being heard on the question of whether such an order should be made in his case....

• (5) If an order is made under any provision of this section, the MPTS shall without delay serve a notification of the order on the person to whose registration it relates.

• (6) The General Council may apply to the relevant court for an order made by an Interim Orders Tribunal or a Medical Practitioners Tribunal under subsection (1) or (3) above to be extended, and may apply again for further extensions.

• (7) On such an application the relevant court may extend (or further extend) for up to 12 months the period for which the order has effect.

• (8) Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.

• (9) For the purposes of subsection (2) above the first review after the relevant court’s extension of an order made by an Interim Orders Tribunal or a Medical Practitioners Tribunal or after a replacement order made by an Interim Orders Tribunal or a Medical Practitioners Tribunal under subsection (3)(c) or (d) above shall take place—

• (a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (2), within the period of six months beginning on the date on which the relevant court ordered the extension or on which a replacement order under subsection (3)(c) or (d) was made; and

• (b) if it had been reviewed under the provision, within the period of three months beginning on that date.

• (10) Where an order has effect under any provision of this section, the relevant court may—

• (a) in the case of an interim suspension order, terminate the suspension;

• (b) in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order;

• (c) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),

and the decision of the relevant court under any application under this subsection shall be final.

• (11) Except as provided in subsection (12) below, while a person’s registration in the register is suspended by virtue of an interim suspension order under this section he shall be treated as not being registered in the register notwithstanding that his name still appears in the register.

• (12) Notwithstanding subsection (11) above, sections 31A, 35C to 35E and 39 above shall continue to apply to a person whose registration in the register is suspended.

• (13) This section applies to a provisionally registered person ... whether or not the circumstances are such that he falls within the meaning in this Act of the expression “fully registered person”.

• (14) In this section “the relevant court” has the same meaning as in section 40(5) above.

41B

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

Suspension or removal from office of members

4A

• (1) The General Council shall by rules make provision for the suspension or removal from office of a member by the General Council in such circumstances as may be specified in the rules.

• (2) Rules under sub-paragraph (1) above shall provide for an elected member or an appointed member to be removed from office if he ceases—

• (a) to be registered; or

• (b) to hold a licence to practise.

• (3) Standing orders of the General Council shall make provision for the procedure by which a member may be suspended or removed from office.

• (4) No rules under sub-paragraph (1) above shall come into force until approved by order of the Privy Council.

Registration of members’ private interests

4B

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

• (2) The General Council must publish entries recorded in the register of members’ private interests.

9A

• (1) In exercising their functions, the General Council shall—

• (a) have proper regard for—

• (i) the interests of persons using or needing the services of provisionally or fully registered medical practitioners in the United Kingdom, and

• (ii) any differing interests of different categories of provisionally or fully registered medical practitioners;

• (b) co-operate, in so far as is appropriate and reasonably practicable, with public bodies or other persons concerned with—

• (i) the employment (whether or not under a contract of service) of provisionally or fully registered medical practitioners,

• (ii) the education or training of medical practitioners or other health care professionals,

• (iii) the regulation of, or the co-ordination of the regulation of, other health or social care professionals,

• (iv) the regulation of health services, and

• (v) the provision, supervision or management of health services.

• (2) In carrying out its duty to co-operate under sub-paragraph (1)(b), the General Council shall have regard to any differing considerations relating to practising as a medical practitioner which apply in England, Scotland, Wales or Northern Ireland.

• (3) In sub-paragraph (1), “other health care professionals” means persons regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, other than the General Council.

9B

• (1) For the purposes of ensuring that registered medical practitioners and the public are informed about the General Council and the exercise by them of their functions, the Council shall publish or provide in such manner as they think fit information about the Council and the exercise of their functions.

• (2) Nothing in sub-paragraph (1) above authorises or requires the publication or provision of information if the publication or provision of that information is—

• (a) prohibited by any enactment or the UK GDPR; or

• (b) would constitute or be punishable as a contempt of court.

• (3) In sub-paragraph (2) above “enactment” includes—

• (a) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and

• (b) any provision of, or any instrument made under, Northern Ireland legislation.

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

The Interim Orders Committee

19A

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

The Assessment Referral Committee

21A

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

The Committee on Professional Performance

21B

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

23A

Rules under paragraph 19A above shall secure that a person who sits as a member of the Preliminary Proceedings Committee, the Assessment Referral Committee, the Professional Conduct Committee, the Committee on Professional Performance or the Health Committee shall not sit as a member of the Interim Orders Committee in any subsequent proceedings on that case.

Austria

“Doktor der gesamten Heilkunde”(diploma of doctor of medicine) awarded by a university faculty of medicine and “Diplom über die spezifische Ausbildung in der Allgemeinmedizin”(diploma of specialist training in general medicine), or “Facharztdiplom”(diploma as a specialist doctor) issued by the competent authority.

“ Diplôme légal de docteur en médecine, chirurgie et accochements/Wettelijk diploma van doctor in de genees-, heel-en verloskunde” (diploma of doctor of medicine, surgery and obstetrics required by law) awarded by the university faculties of medicine, the Central Examining Board or the State University Education Examining Board.

“ Bevis for bestaet laegevidenskabelig embedseksamen” (diploma of doctor of medicine required by law) awarded by a university faculty of medicine and “dokumentation for gennemfort praktisk uddannelse” (certificate of practical training issued by the competent authorities of the health service).

Finland

“Todistus lääketieteen lisensiaatin tutkinnosta/bevis om medicine licentiat examen”(certificate of the degree of licentiate in medicine) awarded by a university faculty of medicine and a certificate of practical training issued by the competent public health authorities.

“Πτυχίο Ιατρικής”(degree in medicine) awarded by—

Iceland

“Próf í læknisfrædi fra læknadeild Háskóla Íslands”(diploma from the medical faculty of the University of Iceland) and a certificate of practical training in a hospital of at least 12 months issued by the chief medical doctor.

A primary qualification granted in the Republic of Ireland after passing a qualifying examination held by a competent examining body and a certificate of experience granted by that body which give entitlement to registration as a fully registered medical practitioner.

“Diploma di laurea in medicina e chirurgia”(diploma of graduate in medicine and surgery) awarded by a university, accompanied by a “diploma di abilitazione all’ esercizio della medicina e chirurgia”(diploma conferring the right to practise medicine and surgery) awarded by the State Examining Commission.

Liechtenstein

The diplomas, certificates and other titles awarded in another State to which Directive 93/16/EEC applies and listed in article 3 of that directive, accompanied by a certificate on the completed practical training issued by the competent authorities.

“Universitair getuigschrift van arts”(university certificate of doctor).

Norway

“Bevis for bestått medisinsk embetseksamen”(diploma of the degree cand. med.) awarded by a university faculty of medicine and a certificate of practical training issued by the competent public health authorities.

Portugal

“Carta de curso de licenciatura em medicina” (diploma confirming the completion of medical studies) awarded by a University and the “Diploma comprovativo de conclusaÃo do internato geral” (diploma confirming the completion of general internship) awarded by the competent authorities of the Ministry of Health.

Spain

“TıÁtulo de Licenciado en Medicina y CirugıÁa” (University degree in medicine and surgery) awarded by the Ministry of Education and Science or the rector of a university.

Sweden

“Läkarexamen”(university diploma in medicine) awarded by a university faculty of medicine and a certificate of practical training issued by the National Board of Health and Welfare.

Professional performance assessments and health assessments

5A

• (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 an assessment of a kind referred to in sub-paragraph (1A) to be carried out;

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

• (1A) The assessments referred to in sub-paragraph (1) are—

• (a) in the case of a registered person, an assessment of the standard of a person’s professional performance;

• (b) in the case of a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for his name to be restored to the register, an assessment of the standard of professional performance of which the person would be capable if the person’s name were to be restored to the register;

• (c) in either case, an assessment of the person’s physical or mental health.

• (2) An assessment by virtue of this paragraph is to be carried out in accordance with such directions as the Registrar may give as to—

• (a) whether the assessment is to be carried out by an Assessment Team or by an individual assessor;

• (b) the form or content of the assessment.

• (2ZA) Where the assessment is to be carried out by an Assessment Team, the Team—

• (a) must include at least one fully registered person selected by the Registrar; and

• (b) is otherwise to be constituted in accordance with directions given by the Registrar.

• (2ZB) Where the assessment is to be carried out by an individual assessor, the assessor must be a fully registered person selected by the Registrar.

• (2ZC) The General Council may make rules as to—

• (a) the appointment of fully registered persons and of other persons to a list of persons eligible to be members of an Assessment Team and the appointment of fully registered persons to a list of persons eligible to be individual assessors;

• (b) the procedure to be followed in carrying out an assessment by virtue of this paragraph;

• (c) the procedure to be followed following the making of a report on an assessment carried out by virtue of this paragraph.

• (2ZD) Where there are rules made under sub-paragraph (2ZC)(a), a person selected under sub-paragraph (2ZA) or (2ZB) must be a person who is included in the applicable list of eligible persons provided for in the rules.

• (2ZE) The General Council may make rules authorising the Assessment Team which, or individual assessor who, is to carry out an assessment by virtue of this paragraph to determine the procedure to be followed in carrying out the assessment in so far as it is not provided for in rules under sub-paragraph (2ZC)(b).

• (2A) An assessment of the standard of a registered person’s professional performance may include an assessment of his professional performance at any time prior to the assessment and may include an assessment of the standard of his professional performance at the time of the assessment.

• (2B) An assessment of a person’s physical or mental health may include an assessment of the person’s physical or mental health at any time prior to the assessment and may include an assessment of the person’s physical or mental health at the time of the assessment.

• (3) If the Registrar is of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of the 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, must without delay serve on the person concerned 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 submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed 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) Where a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a registered person to submit to an assessment, are of the opinion that the person concerned has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment, the Tribunal must consider that matter.

• (3D) 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 is to be suspended (that is to say, is not to have effect) during such period not exceeding twelve months as may be specified in the direction; or

• (b) direct that the person’s registration is to be conditional on the person’s compliance, during such period not exceeding three 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.

• (3E) Where, under sub-paragraph (3D), the 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 (5).

• (3F) Where, under sub-paragraph (3D), the 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.

• (3G) While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (3D)—

• (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.

• (3H) In deciding whether to give a direction under sub-paragraph (3D), a Medical Practitioners Tribunal must have regard to the over-arching objective.

• (5) 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 (3D) above, and on an appeal under this sub-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.

• (5A) Subject to paragraph 9, an appeal under sub-paragraph (5) must be brought before the end of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (3E).

• (6) An Assessment Team or an individual assessor, for the purposes of carrying out an assessment of the standard of a person’s professional performance—

• (a) may require the production of, inspect and take copies of any records (in whatever form they are held) arising out of or relating to the person’s professional practice; and

• (b) where such records are kept otherwise than in legible form, may require a copy of them to be given to the Team or the assessor in legible form.

• (7) A person who, without reasonable excuse, obstructs an Assessment Team or an individual assessor in the execution of ... powers under sub-paragraph (6) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8) Nothing in this paragraph shall require or permit any disclosure of information which is prohibited by or under any other enactment or the UK GDPR; but where information is held in a form in which the prohibition operates by reason of the fact that the information is capable of identifying an individual, an Assessment Team or an individual assessor may, in exercising ... powers under sub-paragraph (6) above, require that the information be put into a form in which it is not capable of identifying an individual.

• (8A) In determining for the purposes of sub-paragraph (8) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this paragraph.

• (9) Sub-paragraphs (6) and (7) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.

• (10) In this paragraph a reference to the standard of a ... person’s professional performance includes the standard of the person’s knowledge of English and, in particular, whether the person has the necessary knowledge of English.

• (11) But an assessment of a person’s professional performance carried out by virtue of this paragraph must not be limited to an assessment of whether a person has the necessary knowledge of English.

• (12) Where an assessment is required to be undertaken by virtue of paragraph 5C below, that assessment shall not be undertaken as part of an assessment carried out by virtue of this paragraph .

• (13) The General Council may by rules provide that an assessment of a person’s knowledge of English undertaken as part of an assessment of the person’s professional performance by virtue of this paragraph is to be undertaken in accordance with such provision as is made in rules under paragraph 5C(2) subject to such modifications as the General Council consider necessary or expedient.

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5B

• (1) A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this paragraph if satisfied by the evidence on oath of at least two members of an Assessment Team or an individual assessor that there are reasonable grounds for suspecting that the team or assessor will require a warrant for the purposes of carrying out an assessment required by virtue of rules made under paragraph 5A above.

• (2) A warrant under this paragraph shall authorise one or more members of the Assessment Team (who must, if so required, produce documents identifying themselves), or (as the case may be) an individual assessor (who must, if so required, produce documents identifying himself), together with any constables—

• (a) to enter any building specified in the warrant, but not a dwelling-house, using such force as is reasonably necessary for the purpose; and

• (b) to search the premises for the purposes of the exercise of the powers under paragraph 5A(6) above.

• (3) A warrant under this paragraph shall continue in force until the end of the period of 21 days beginning with the day on which it is issued.

• (4) A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

14

In this Schedule “party”, in relation to proceedings before the Interim Orders Committee, means any person to whose registration the proceedings relate, or the Solicitor to the General Council.

Editorial notes