The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2015

Made: 9th June 2015

Laid before Parliament: 12th June 2015

Coming into force: 1st August 2015

At the Council Chamber, Whitehall, the 9th day of June 2015By the Lords of Her Majesty’s Most Honourable Privy Council

By virtue of sections 29J(4) and 44C(10) of that Act the Regulations shall not have effect until approved by Order of Privy Council.

Citation and commencement

1

This Order may be cited as the General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations Order of Council 2015 and comes into force on 1st August 2015.

Privy Council approval

2

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

SCHEDULE — The General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations 2015

These Regulations are made by the General Medical Council in exercise of the powers conferred by sections 29A(2) to (4), 29B(1), (2) and (3), 29D(1) and (2), 29J(3) and 44C(4) and (5) of the Medical Act 1983.

The General Medical Council has consulted with such bodies of persons representing medical practitioners, and medical practitioners of any such description, as appeared to the General Medical Council requisite to be consulted in accordance with section 29J(5) of that Act.

Citation and commencement

1

These Regulations may be cited as the General Medical Council (Licence to Practise and Revalidation) (Amendment) Regulations 2015 and come into force on 1st August 2015.

Amendments to the General Medical Council (Licence to Practise and Revalidation) Regulations 2012

2

• (1) The General Medical Council (Licence to Practise and Revalidation) Regulations 2012 [^f00002] are amended as follows.

• (2) In regulation 1 (citation, commencement and interpretation)—

• (a) in paragraph (2), after the definition of “the Act” insert—

• “appropriate cover” in relation to practice as a medical practitioner, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such;

; and

• (b) after paragraph (3), add—

(4) For the purposes of these Regulations, an indemnity arrangement may comprise— (a) a policy of insurance; (b) an arrangement for the purposes of indemnifying a person; (c) a combination of the two.

• (3) In regulation 3[^f00003] (grant or refusal of a licence)—

• (a) in paragraph (1), for “paragraph (1A)” substitute “paragraphs (1A) and (1C),”;

• (b) after paragraph (1B), insert—

(1C) The Registrar may refuse to grant a licence under paragraph (1) to a medical practitioner who has failed to provide— (a) confirmation that they have in force or will have in force in relation to them by the time they begin practice as a licensed practitioner, an indemnity arrangement which provides appropriate cover; or (b) any other evidence or information requested by the Registrar under regulation 4A.

; and

• (c) after paragraph (3)(d), insert—

(da) a statement by the practitioner that the practitioner has in force, or will have in force in relation to them by the time the practitioner begins to practise as a licensed practitioner in the UK, an indemnity arrangement which provides appropriate cover;

• (4) In regulation 4 (withdrawal of a licence) after paragraph (3)(f) insert—

(fa) failed, without reasonable excuse, to provide any evidence or information to the Registrar in accordance with regulation 4A; (fb) failed, when practising as a licensed practitioner, to have in force in relation to them an indemnity arrangement providing appropriate cover;

• (5) After regulation 4 (withdrawal of a licence), insert—

(4A) For the purposes of determining whether in relation to a licensed practitioner there is in force, or in the case of a person seeking a licence to practise, there will be in force, an indemnity arrangement which provides appropriate cover, the Registrar may by notice — (a) require that licensed practitioner or that person, to provide, within 28 days of the date of the the notice such evidence or information as it appears reasonable to the Registrar to request; (b) require evidence or information to be provided by that licensed practitioner on such dates and at such intervals as the Registrar may specify in the notice.

• (6) In regulation 5 (restoration of a licence after withdrawal), after paragraph (2)(d) insert—

(da) a statement by the practitioner that the practitioner has in force, or will have in force in relation to him by the time the practitioner begins to practise as a licensed practitioner in the UK, an indemnity arrangement which provides appropriate cover.

Transitional provisions

3

The amendments made by regulation 2(3) and 2(5) do not apply in relation to—

• (a) any application for registration as a medical practitioner, or

• (b) any application for a licence to practise,

received by the General Council before the day on which these Regulations come into force and which has not been determined before that date.

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 (Licence to Practise and Revalidation) Regulations 2012 (scheduled to S.I 2012/2685) (“the 2012 Regulations”).

Regulation 2(2) amends regulation 1 of the 2012 Regulations providing a definition of appropriate cover and specifying what an indemnity arrangement may comprise for the purposes of the 2012 Regulations.

Regulations 2(3)(a) and (b) amend regulation 3 of the 2012 Regulations enabling the Registrar to refuse to grant a licence if the practitioner has failed to: (a) provide confirmation that they have, or will have by the time they begin practice, an indemnity arrangement in force providing appropriate cover, or (b) provide any information requested by the Registrar in connection with an indemnity arrangement

Regulation 2(3)(c) also amends regulation 3 of the 2012 Regulations requiring an applicant for a licence to provide a statement that they have, or will have, an indemnity arrangement in force providing appropriate cover.

Regulation 2(4) amends regulation 4 of the 2012 Regulations enabling the Registrar to withdraw a practitioner’s licence where they have failed to: (a) provide any information requested by the Registrar, without reasonable excuse, or (b) have an indemnity arrangement in force providing appropriate cover when practising.

Regulation 2(5) inserts a new regulation 4A in the 2012 Regulations enabling the Registrar to request information from a practitioner to determine whether they have, or will have, an indemnity arrangement in force providing appropriate cover.

Regulation 2(6) amends regulation 5 of the 2012 Regulations to require an applicant seeking restoration of a licence to provide a statement that they have, or will have, an indemnity arrangement in force providing appropriate cover.

Regulation 3 makes transitional provisions in relation to the amendments made by regulation 2(3) and 2(5).

Footnotes

[^f00001]: 1983 c.54. Part IIIA (sections 29A to 29J) was inserted by S.I. 2002/3135 and amended by S.I. 2006/1914, S.I. 2008/3131 S.I. 2010/234 and S.I. 2014/1101. Section 44C was inserted by S.I. 2006/1914 and substituted by S.I. 2014/1887.

[^f00002]: Scheduled to S.I. 2012/2685.

[^f00003]: Amended by S.I. 2014/1273.