The General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations Order of Council 2014

Made: 13th May 2014

Coming into force: 25th June 2014

At the Council Chamber, Whitehall the 13th day of May 2014By the Lords of Her Majesty’s Most Honourable Privy Council

By virtue of section 31(10) of that Act, such Regulations shall not have effect until approved by Order of the Privy Council.

Citation and commencement

1

This Order may be cited as the General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations Order of Council 2014 and comes into force on 25th June 2014.

Privy Council approval

2

Their Lordships, having taken these Regulations into consideration, are pleased to, and do approve them.

SCHEDULE — The General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations 2014

These Regulations are made by the General Medical Council in exercise of the powers conferred by section 31 of the Medical Act 1983.

Citation and commencement

1

These Regulations may be cited as the General Medical Council (Restoration following Administrative Erasure) (Amendment) Regulations 2014 and come into force on 25th June 2014.

Amendments to the General Medical Council (Restoration following Administrative Erasure) Regulations 2004

2

• (1) The General Medical Council (Restoration following Administrative Erasure) Regulations 2004[^f00002] are amended as follows.

• (2) In regulation 4 (restoration procedure where fitness to practise issues arise)—

• (a) after paragraph (2), insert—

(2A) The Registrar may apply rule 23(1)(b) and (c)[^f00003] of Part 6 of the Fitness to Practise Rules as is in the Registrar’s opinion appropriate to the consideration of the restoration application under paragraph (3) as if the application for restoration were made under that rule.

• (b) in paragraph (3)—

• (i) in sub-paragraph (a)(i), omit “and”,

• (ii) after sub-paragraph (a)(ii), insert—

(iii) any information, documents or evidence obtained by virtue of paragraph (2A); and

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order approves the Regulations set out in the Schedule to it which amend the General Medical Council (Restoration following Administrative Erasure) Regulations 2004 (“the 2004 Regulations”) (scheduled to S.I. 2004/2612).

Regulation 2(2)(a) inserts a new provision in regulation 4 of the 2004 Regulations, which applies rule 23(1)(b) and (c) of the General Medical Council (Fitness to Practise) Rules 2004 (Scheduled to S.I. 2004/2608), enabling the Registrar to direct a medical practitioner seeking restoration to the register of medical practitioners to undertake an assessment of his performance, health or knowledge of English in accordance Schedule 1, 2 or 3 of those Rules.

Regulation 2(2)(b) also amends regulation 4 of the 2004 Regulations, enabling the Case Examiners to take account of any documents, information or evidence obtained as a result of a direction to undertake a performance, health or knowledge of English assessment.

Footnotes

[^f00001]: 1983 c.54. Relevant amendments have been made to section 31 by S.I. 2002/3135, S.I. 2006/1914 and S.I. 2010/234.

[^f00002]: Scheduled to S.I. 2004/2612 which has been amended by S.I. 2009/2764.

[^f00003]: Rule 23(1)(c) has been inserted by S.I. 2014/1270.