LegalizeReform history
Medical Act 1983
50 versions
· 1983-07-26
2025-01-01
Medical Act 1983
2024-12-13
Medical Act 1983
2023-12-01
Medical Act 1983
2020-12-31
Medical Act 1983
2016-11-18
Medical Act 1983
2014-08-08
Medical Act 1983
2014-07-17
Medical Act 1983
2014-04-29
Medical Act 1983
Changes on 2014-04-29
@@ -55,6 +55,8 @@
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (3) Medical practitioners shall be registered as fully registered medical practitioners or provisionally ... as provided in Parts II and III of this Act and in the appropriate list of the register of medical practitioners ... as provided in Part IV of this Act.
- (4) Section 35C(2)(da) (the necessary knowledge of English) shall not apply in determining whether a person’s fitness to practise is impaired for the purposes of registration under this Act.
## Part II — Medical Education and Registration: Persons Qualifying in the United Kingdom and Elsewhere in the EEC.
@@ -1024,9 +1026,9 @@
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “*national*”, in relation to a relevant European State, has the same meaning as in the EU Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from EU provisions relating to the free movement of persons and services;
- “*the necessary knowledge of English*”, in relation to an applicant for registration under this Act, means the knowledge which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom;
- “*national*”, in relation to a relevant European State, has the same meaning as in the EU Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;
- “the necessary knowledge of English”, in relation to a person, means the knowledge of English which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom;
- “*NHS consultant*” means a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of any of the UK health services;
@@ -1712,7 +1714,7 @@
##### 8
- (1) This paragraph applies to any notice required to be served on a person under section 35C(5), (7) or (8), 35E(1), 39(2), 41(10) or 41A(5) of this Act.
- (1) This paragraph applies to any notice required to be served on a person under section 35C(5), (7) or (8), 35E(1), 39(2), 41(10) or 41A(5) of this Act or paragraph 5C(3) or (5) above.
- (2) Any such notice may be so served—
@@ -1748,11 +1750,11 @@
Where—
- (a) any notice required by section 35E(1) or 39(2) of this Act to be served on a person by the Registrar is served on him by sending it by post; and
- (a) any notice required by section 35E(1) or 39(2) of this Act or paragraph 5C(5) above to be served on a person by the Registrar is served on him by sending it by post; and
- (b) the Registrar is satisfied, on an application of that person, that the person did not receive the notice within 14 days beginning with the day of the giving of the decision to which the notification relates,
the Registrar may, if he thinks fit, by authorisation in writing extend the time within which an appeal under section 40 of this Act may be brought against the decision.
the Registrar may, if he thinks fit, by authorisation in writing extend the time within which an appeal under section 40 of this Act or paragraph 5C(7) above or under rules made by virtue of paragraph 5A(3) above may be brought against the decision.
### Taking effect of directions for erasure, suspension or conditional registration and of variations of conditions of registration
@@ -1778,11 +1780,11 @@
##### 11
- (1) If, while a person’s registration is suspended under section 35D(2) of this Act, a direction is given under subsection (5) or (8)(a) or (c) of that section, the suspension of his registration shall continue to have effect throughout any period which may intervene between the time when, but for this sub-paragraph, the suspension of his registration would end and the time when the direction takes effect in accordance with paragraph 10 above or an appeal against it under section 40 of this Act is (otherwise than by the dismissal of the appeal) determined.
- (1) If, while a person’s registration is suspended under section 35D(2) of this Act or under paragraph 5C(4) above or under rules made by virtue of paragraph 5A(3) above, a direction is given under subsection (5) or (8)(a) or (c) of that section, the suspension of his registration shall continue to have effect throughout any period which may intervene between the time when, but for this sub-paragraph, the suspension of his registration would end and the time when the direction takes effect in accordance with paragraph 10 or 10B above or an appeal against it under section 40 of this Act is (otherwise than by the dismissal of the appeal) determined.
- (2) If, on the determination of an appeal under section 40 of this Act, a direction extending a current period of suspension for a further period takes effect after the time when, but for sub-paragraph (1) above, the current period of suspension would have ended, that further period shall be treated as having started to run from that time.
- (3) If, while a person’s registration is subject to conditions imposed under section 35D(2) of this Act, a direction is given under subsection (10) or (12) of that section the conditions attached to his registration shall continue to attach to it throughout any period which may intervene between the time when, but for this sub-paragraph, his registration would cease to be conditional and the time when the direction takes effect in accordance with paragraph 10 above or an appeal against it under section 40 of this Act is (otherwise than by the dismissal of the appeal) determined.
- (3) If, while a person’s registration is subject to conditions imposed under section 35D(2) of this Act or under paragraph 5C(4) above or under rules made by virtue of paragraph 5A(3) above, a direction is given under subsection (10) or (12) of that section the conditions attached to his registration shall continue to attach to it throughout any period which may intervene between the time when, but for this sub-paragraph, his registration would cease to be conditional and the time when the direction takes effect in accordance with paragraph 10 or 10B above or an appeal against it under section 40 of this Act is (otherwise than by the dismissal of the appeal) determined.
- (4) If, on the determination of an appeal under section 40 of this Act, a direction extending a current period of conditional registration for a further period takes effect after the time when, but for sub-paragraph (3) above, the current period of conditional registration would have ended, that further period shall be treated as having started to run from that time.
@@ -1790,7 +1792,7 @@
##### 12
Where a direction under section 35D of this Act or under rules made by virtue of paragraph 5A(3) of this Schedule for suspension or for conditional registration takes effect in relation to any person the Registrar shall record in the register the fact that that person’s registration is suspended or subject to conditions.
Where a direction under section 35D of this Act or under paragraph 5C(4) of this Schedule or under rules made by virtue of paragraph 5A(3) of this Schedule for suspension or for conditional registration takes effect in relation to any person the Registrar shall record in the register the fact that that person’s registration is suspended or subject to conditions.
### Meaning of “party”
@@ -2074,7 +2076,7 @@
## Part II — Revocation
#### The General Medical Council.
#### Registration of medical practitioners.
#### Approved practice settings
@@ -2138,14 +2140,18 @@
##### 29B
- (1) Regulations under section 29A above shall 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 ;
- (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;
@@ -2156,6 +2162,8 @@
- (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—
@@ -2312,6 +2320,8 @@
- (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
@@ -2392,6 +2402,16 @@
- (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.
@@ -2758,6 +2778,12 @@
- (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 registered 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 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 carried out by an Assessment Team.
##### 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 that there are reasonable grounds for suspecting that the team will require a warrant for the purposes of carrying out an assessment required by virtue of rules made under paragraph 5A above.
@@ -3782,11 +3808,11 @@
[^key-bdf3e3f927b0073e673ce820ce5d36b4]: Words in [Sch. 6 para. 11(2)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/6/paragraph/11/2) added (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by [The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234)](https://www.legislation.gov.uk/uksi/2010/234), [art. 1(3)](https://www.legislation.gov.uk/uksi/2010/234/article/1/3)[(4)](https://www.legislation.gov.uk/uksi/2010/234/article/1/4), [Sch. 1 para. 19](https://www.legislation.gov.uk/uksi/2010/234/schedule/1/paragraph/19); [S.I. 2010/478](https://www.legislation.gov.uk/uksi/2010/478), [art. 2(b)](https://www.legislation.gov.uk/uksi/2010/478/article/2/b)
[^key-e50d6f93a60235e2566bf1ea63e97df1]: [S. 35C(3)](https://www.legislation.gov.uk/ukpga/1983/54/section/35C/3) substituted (30.4.2010) by [The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131)](https://www.legislation.gov.uk/uksi/2008/3131), [art. 1(4)](https://www.legislation.gov.uk/uksi/2008/3131/article/1/4), [Sch. 1 para. 17(2)](https://www.legislation.gov.uk/uksi/2008/3131/schedule/1/paragraph/17/2); [S.I. 2010/1182](https://www.legislation.gov.uk/uksi/2010/1182), [art. 2](https://www.legislation.gov.uk/uksi/2010/1182/article/2)
[^key-78020c7d79cd9c84b3572ca1c3645b07]: Word in [s. 35C(9)](https://www.legislation.gov.uk/ukpga/1983/54/section/35C/9) omitted (30.4.2010) by virtue of [The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131)](https://www.legislation.gov.uk/uksi/2008/3131), [art. 1(4)](https://www.legislation.gov.uk/uksi/2008/3131/article/1/4), [Sch. 1 para. 17(3)(a)](https://www.legislation.gov.uk/uksi/2008/3131/schedule/1/paragraph/17/3/a); [S.I. 2010/1182](https://www.legislation.gov.uk/uksi/2010/1182), [art. 2](https://www.legislation.gov.uk/uksi/2010/1182/article/2)
[^key-8a625ba952afb2d20e0dac7f75c226f8]: Words in [s. 35C(9)](https://www.legislation.gov.uk/ukpga/1983/54/section/35C/9) inserted (30.4.2010) by [The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131)](https://www.legislation.gov.uk/uksi/2008/3131), [art. 1(4)](https://www.legislation.gov.uk/uksi/2008/3131/article/1/4), [Sch. 1 para. 17(3)(b)](https://www.legislation.gov.uk/uksi/2008/3131/schedule/1/paragraph/17/3/b); [S.I. 2010/1182](https://www.legislation.gov.uk/uksi/2010/1182), [art. 2](https://www.legislation.gov.uk/uksi/2010/1182/article/2)
[^key-e50d6f93a60235e2566bf1ea63e97df1]: S. 35C(3) substituted (30.4.2010) by [The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131)](https://www.legislation.gov.uk/uksi/2008/3131), [art. 1(4)](https://www.legislation.gov.uk/uksi/2008/3131/article/1/4), [Sch. 1 para. 17(2)](https://www.legislation.gov.uk/uksi/2008/3131/schedule/1/paragraph/17/2); [S.I. 2010/1182](https://www.legislation.gov.uk/uksi/2010/1182), [art. 2](https://www.legislation.gov.uk/uksi/2010/1182/article/2)
[^key-78020c7d79cd9c84b3572ca1c3645b07]: Word in s. 35C(9) omitted (30.4.2010) by virtue of [The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131)](https://www.legislation.gov.uk/uksi/2008/3131), [art. 1(4)](https://www.legislation.gov.uk/uksi/2008/3131/article/1/4), [Sch. 1 para. 17(3)(a)](https://www.legislation.gov.uk/uksi/2008/3131/schedule/1/paragraph/17/3/a); [S.I. 2010/1182](https://www.legislation.gov.uk/uksi/2010/1182), [art. 2](https://www.legislation.gov.uk/uksi/2010/1182/article/2)
[^key-8a625ba952afb2d20e0dac7f75c226f8]: Words in s. 35C(9) inserted (30.4.2010) by [The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131)](https://www.legislation.gov.uk/uksi/2008/3131), [art. 1(4)](https://www.legislation.gov.uk/uksi/2008/3131/article/1/4), [Sch. 1 para. 17(3)(b)](https://www.legislation.gov.uk/uksi/2008/3131/schedule/1/paragraph/17/3/b); [S.I. 2010/1182](https://www.legislation.gov.uk/uksi/2010/1182), [art. 2](https://www.legislation.gov.uk/uksi/2010/1182/article/2)
[^key-df444f9beb71fb342af82be2f7f6d884]: Words in Act substituted (22.4.2011) by [The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043)](https://www.legislation.gov.uk/uksi/2011/1043), [arts. 2](https://www.legislation.gov.uk/uksi/2011/1043/article/2), [3](https://www.legislation.gov.uk/uksi/2011/1043/article/3), [6](https://www.legislation.gov.uk/uksi/2011/1043/article/6) (with [arts. 3(2)](https://www.legislation.gov.uk/uksi/2011/1043/article/3/2)[(3)](https://www.legislation.gov.uk/uksi/2011/1043/article/3/3), [4(2)](https://www.legislation.gov.uk/uksi/2011/1043/article/4/2), [6(4)](https://www.legislation.gov.uk/uksi/2011/1043/article/6/4)[(5)](https://www.legislation.gov.uk/uksi/2011/1043/article/6/5))
@@ -3812,6 +3838,60 @@
[^key-5ccfb40105e5cdd79dc5cc9da641354d]: Words in s. 17(4A) table inserted (31.12.2013) by [The European Qualifications (Health Care Professions) (Croatia Accession Amendment) Regulations 2013 (S.I. 2013/3036)](https://www.legislation.gov.uk/uksi/2013/3036), [regs. 1(1)](https://www.legislation.gov.uk/uksi/2013/3036/regulation/1/1), [2](https://www.legislation.gov.uk/uksi/2013/3036/regulation/2)
[^key-3a91d935e2917474620ecc61fd053541]: Words in [Sch. 3B para. 8(3)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/3B/paragraph/8/3) inserted (22.4.2014) by [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(3)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/3), [Sch. 9 para. 110](https://www.legislation.gov.uk/ukpga/2013/22/schedule/9/paragraph/110); [S.I. 2014/954](https://www.legislation.gov.uk/uksi/2014/954), [art. 2(c)](https://www.legislation.gov.uk/uksi/2014/954/article/2/c) (with [art. 3](https://www.legislation.gov.uk/uksi/2014/954/article/3)) (with transitional provisions and savings in [S.I. 2014/956](https://www.legislation.gov.uk/uksi/2014/956), arts. 3-11)
[^key-3445158b8dfa9c5fab960123f1eaa4b1]: Sch. 4 para. 5C inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(3)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/3) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-56e0af85238625e7a5005264706b5000]: Sch. 4 para. 10B inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(6)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/6) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-963979982d78453276a1b9e1e4bb1af5]: S. 2(4) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [2(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/2/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-127263b1bd398c4d9e95308fb4c4bdea]: Words in s. 29B(1) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [3(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/3/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-65d0078da9dfc8a7f4b7bdf62dc257fa]: S. 29B(1A)(1B) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [3(3)](https://www.legislation.gov.uk/uksi/2014/1101/article/3/3) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-b41a76adcd8275e76b1c35a26bc90f3c]: S. 29B(2D) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [3(4)](https://www.legislation.gov.uk/uksi/2014/1101/article/3/4) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-e971b981523651cd8fbda40d8e657970]: S. 29G(2A) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [4(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/4/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-7898528b919f1ba298f70a1cdd9b406d]: [S. 29J(2E)](https://www.legislation.gov.uk/ukpga/1983/54/section/29J/2E) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [5(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/5/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-c1f7afe66b13ad780c698559f51441ae]: [S. 35C(2)(da)](https://www.legislation.gov.uk/ukpga/1983/54/section/35C/2/da) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [6(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/6/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-73611650a43d80c37ba5baf76e368f3e]: Words in [s. 35D(2)(a)](https://www.legislation.gov.uk/ukpga/1983/54/section/35D/2/a) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [7(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/7/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-bd2879b340e31aeda879acc8cb687deb]: Words in [s. 35D(5)(b)](https://www.legislation.gov.uk/ukpga/1983/54/section/35D/5/b) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [7(3)](https://www.legislation.gov.uk/uksi/2014/1101/article/7/3) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-6f222cf4694a52ecaa955462b5b8a3d8]: Words in [s. 35D(6)](https://www.legislation.gov.uk/ukpga/1983/54/section/35D/6) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [7(4)](https://www.legislation.gov.uk/uksi/2014/1101/article/7/4) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-6f0a809139db1966e3c5c9da15bad43b]: Words in [s. 35D(10)(a)](https://www.legislation.gov.uk/ukpga/1983/54/section/35D/10/a) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [7(5)](https://www.legislation.gov.uk/uksi/2014/1101/article/7/5) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-ce89a3286aad806f474c828c1f6d3486]: Words in [s. 35D(12)(a)](https://www.legislation.gov.uk/ukpga/1983/54/section/35D/12/a) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [7(6)](https://www.legislation.gov.uk/uksi/2014/1101/article/7/6) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-6a773f6f090136fd9994ff2755538ce8]: Words in [s. 35E(4)(b)](https://www.legislation.gov.uk/ukpga/1983/54/section/35E/4/b) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [8(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/8/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-15caa8b75abb8f15d7df1e03ac626512]: [S. 35E(5)](https://www.legislation.gov.uk/ukpga/1983/54/section/35E/5) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [8(3)](https://www.legislation.gov.uk/uksi/2014/1101/article/8/3) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-ab3176297dd906ffd59f8a1d28d10994]: Words in s. 55(1) substituted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [10(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/10/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-2ecd2d10c09171a2799aeec50fc139b7]: Sch. 4 paras. 5A(10)-(12) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(2)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/2) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-46cd5bdb84d563b217d0f43f81230bee]: Words in [Sch. 4 para. 8(1)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/8/1) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(4)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/4) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-a249ec64975f7bef77371444bd6e24e4]: Words in [Sch. 4 para. 9(a)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/9/a) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(5)(a)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/5/a) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-316688bb59078741c42673159fbbc873]: Words in [Sch. 4 para. 9](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/9) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(5)(b)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/5/b) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-098e0ced60f14a9479aabc80f2d49f22]: Words in [Sch. 4 para. 11(1)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/11/1) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(7)(a)(i)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/7/a/i) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-e31e5af2305fcf6dfe190c75c291fa28]: Words in [Sch. 4 para. 11(1)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/11/1) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(7)(a)(ii)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/7/a/ii) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-22768f9bc2b2219fafa7291f7c070cec]: Words in [Sch. 4 para. 11(3)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/11/3) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(7)(b)(i)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/7/b/i) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-5115c53a34864c140c462732b08f3517]: Words in [Sch. 4 para. 11(3)](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/11/3) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(7)(b)(ii)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/7/b/ii) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
[^key-1e14701d5b815d3bd8b467fd1e2ac1bf]: Words in [Sch. 4 para. 12](https://www.legislation.gov.uk/ukpga/1983/54/schedule/4/paragraph/12) inserted (29.4.2014) by [The Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 (S.I. 2014/1101)](https://www.legislation.gov.uk/uksi/2014/1101), [arts. 1(1)](https://www.legislation.gov.uk/uksi/2014/1101/article/1/1), [9(8)](https://www.legislation.gov.uk/uksi/2014/1101/article/9/8) (with [arts. 11](https://www.legislation.gov.uk/uksi/2014/1101/article/11), [12](https://www.legislation.gov.uk/uksi/2014/1101/article/12))
##### 34A
- (1) The Registrar may issue a certificate that a person—
@@ -3968,6 +4048,8 @@
- (d) adverse physical or mental health; or
- (da) not having the necessary knowledge of English (but see section 2(4));
- (e) a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.
- (3) This section is not prevented from applying because—
@@ -4020,7 +4102,7 @@
- (2) Where the Panel find that the person’s fitness to practise is impaired they may, if they think fit—
- (a) except in a health case, direct that the person’s name shall be erased from the register;
- (a) except in a health case or language case, direct that the person’s name shall be erased from the register;
- (b) direct that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding twelve months as may be specified in the direction; or
@@ -4042,13 +4124,13 @@
- (a) direct that the current period of suspension shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction;
- (b) except in a health case, direct that the person’s name shall be erased from the register; or
- (b) except in a health case or language case, direct that the person’s name shall be erased from the register; or
- (c) direct that the person’s registration shall, as from the expiry of the current period of suspension, be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Panel think fit to impose for the protection of members of the public or in his interests,
but, subject to subsection (6) below, the Panel shall not extend any period of suspension under this section for more than twelve months at a time.
- (6) In a health case, a Fitness to Practise Panel may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—
- (6) In a health case or language case, a Fitness to Practise Panel may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—
- (a) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years; and
@@ -4088,7 +4170,7 @@
- (10) In such a case, the Panel may, if they think fit—
- (a) except in a health case, direct that the person’s name shall be erased from the register; or
- (a) except in a health case or language case, direct that the person’s name shall be erased from the register; or
- (b) direct that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.
@@ -4102,7 +4184,7 @@
- (12) In such a case, a Fitness to Practise Panel may, if they think fit—
- (a) except in a health case, direct that the person’s name shall be erased from the register;
- (a) except in a health case or language case, direct that the person’s name shall be erased from the register;
- (b) direct that the person’s registration in the Register shall be suspended during such period not exceeding twelve months as may be specified in the direction;
@@ -4142,7 +4224,13 @@
- (a) a person’s fitness to practise is impaired by reason of a matter falling within paragraph (d) of subsection (2) of section 35C above, but
- (b) the person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection.
- (b) the person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (da).
- (5) In section 35D, “language case” means any case in which a Fitness to Practise Panel has determined that—
- (a) a person’s fitness to practise is impaired by reason of a matter falling within paragraph (da) of subsection (2) of section 35C, but
- (b) that person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (d).
##### 44A
@@ -4308,7 +4396,7 @@
- (2) Any such appeal must be made within the period of 28 days beginning with the day on which the practitioner is given notice under paragraph 7 above of the determination of the Registration Appeals Panel.
- (3) Any such appeal must be made to a county court or, in Scotland, to the sheriff.
- (3) Any such appeal must be made in England and Wales to the county court or, in Northern Ireland, to a county court or, in Scotland, to the sheriff.
- (4) In sub-paragraph (3) above “the sheriff” means the sheriff in whose sheriffdom is situated the address—
@@ -4898,7 +4986,7 @@
#### Interpretation
#### Functions of the Investigation Committee
#### Provisions supplementary to section 35C
#### Appealable registration decisions
@@ -5831,3 +5919,79 @@
- “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 Fitness to Practise Panel,
- (iii) such other persons as may be specified in the rules,
requiring a registered person 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.
- (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 by such persons when directing a registered person to undertake such an assessment;
- (b) for the registered 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 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 may—
- (a) refer the matter to the Fitness to Practise Panel, and
- (b) if he does so, shall without delay serve on the person a notification of the making of such a referral.
- (4) Where a matter is referred to the Fitness to Practise Panel under sub-paragraph (3), they 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 Fitness to Practise Panel think fit to impose for the protection of members of the public or in the person’s interests.
- (5) Where under sub-paragraph (4), the Fitness to Practise Panel give a direction for suspension or a direction for conditional registration the Registrar 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).
- (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 Fitness to Practise Panel 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 Panel could have made, or
- (c) remit the case to the Registrar for him to refer it to a Fitness to Practise Panel to be disposed of 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 Fitness to Practise Panel 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.
2013-12-31
Medical Act 1983
2012-12-03
Medical Act 1983
2011-04-22
Medical Act 1983
2010-04-30
Medical Act 1983
2010-04-01
Medical Act 1983
2010-02-11
Medical Act 1983
2009-11-16
Medical Act 1983
2009-10-01
Medical Act 1983
2009-09-09
Medical Act 1983
2009-09-08
Medical Act 1983
2009-01-01
Medical Act 1983
2008-11-03
Medical Act 1983
2008-07-21
Medical Act 1983
2008-07-09
Medical Act 1983
2008-05-14
Medical Act 1983
2008-04-06
Medical Act 1983
2007-12-03
Medical Act 1983
2007-10-19
Medical Act 1983
2007-08-01
Medical Act 1983
2007-06-13
Medical Act 1983
2007-06-06
Medical Act 1983
2007-03-01
Medical Act 1983
2006-10-01
Medical Act 1983
2006-09-15
Medical Act 1983
2006-07-20
Medical Act 1983
2006-07-19
Medical Act 1983
2006-04-01
Medical Act 1983
2005-09-30
Medical Act 1983
2005-04-01
Medical Act 1983
2005-01-24
Medical Act 1983
2004-11-18
Medical Act 1983
2004-11-01
Medical Act 1983
2004-10-19
Medical Act 1983
2004-08-18
Medical Act 1983
2004-07-07
Medical Act 1983
2004-04-01
Medical Act 1983
2003-12-31
Medical Act 1983
2003-07-01
Medical Act 1983
2003-05-30
Medical Act 1983
2003-04-01
Medical Act 1983
2002-12-17
Medical Act 1983
1983-07-26
Medical Act 1983
original version
Text at this date