(1A) In relation to a person who is registered in the Specialist Register, the Registrar may issue a certificate that that person is, or is not, registered on that register with a particular specialty and in a particular field within that specialty.

(2) A certificate issued under subsection (1) or (1A) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.

52A

(1) The General Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of their functions which includes a description of the arrangements that the General Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006);

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the General Council have put in place to protect members of the public from persons who are provisionally registered or fully registered and whose fitness to practise is impaired, together with the General Council’s observations on the report; and

(2) The General Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.

1

Urkunde über die Verleihung des akademischen Grades Doktor der gesamten Heilkunde (bzw. Doctor medicinae universae, Dr.Med.univ.)

2

Diplom über die spezifische Ausbildung zum Arzt für Allgemeinmedizin bzw. Facharztdiplom

1

Medizinische Fakultät einer Universität

2

Österreichische Ärztekammer

1

De universiteiten/les universités

2

De bevoegde Examencommissie van de Vlaamse Gemeenschap/le Jury compétent d'enseignement de la Communauté française

1

Autorisation som læge, udstedt af Sundhedsstyrelsen og

2

Tilladelse til selvstændigt virke som læge (dokumentation for gennemført praktisk uddannelse), udstedt af Sundhedssty-relsen

1

Helsingin yliopisto /Helsingfors universitet

2

Kuopion yliopisto

4

Tampereen yliopisto

5

Turun yliopisto

1

Zeugnis über die Ärztliche Prüfung

2

Zeugnis über die Ärztliche Staatsprüfung und Zeugnis über die Vorbereitungszeit als Medizinalassistent, soweit diese nach den deutschen Rechtsvorschriften noch für den Abschluss der ärztlichen Ausbildung vorgesehen war

1

Bescheinigung über die Ableistung der Tätigkeit als Arzt im Praktikum

2

–

1

lατρική Σχολή Πανεπιστημίου

2

Σχολή Επτιστημών Υγείας, Τμέμα Ιατρικη ́ς Πανεπτιστημίου

35CC

(1) Rules under paragraph 1 of Schedule 4 to this Act may make provision for—

(a) the Registrar; or

(b) any other officer of the General Council,

to exercise the functions of the Investigation Committee under section 35C above, whether generally or in relation to such classes of case as may be specified in the rules.

(1A) The reference in subsection (1) to an officer of the General Council does not include a reference to the chair of the MPTS or any other officer of the Council to whom functions of the MPTS have been delegated by virtue of paragraph 19F(7) of Schedule 1.

(2) Where, by virtue of subsection (1) above, rules provide for the Registrar to exercise the functions of the Investigation Committee under subsections (5), (7) and (8) of section 35C above, those subsections shall apply in relation to him as if paragraph (a) in each of them were omitted.

(3) Section 35C above also applies in a case where, in circumstances other than those specified in section 29C(1)(a) and (b)—

(a) it comes to the attention of the General Council that a person’s fitness to practise is called into question by one or more of the matters mentioned in subsection (2) of that section, but

(b) no allegation to that effect has been made to the Council against that person,

and in such a case section 35C shall apply as if an allegation to that effect had been made to the Council against that person.

(4) Rules under paragraph 1 of Schedule 4 may make provision for section 35C(4) to (8) not to apply in relation to an allegation if the Investigation Committee consider the allegation to be vexatious.

(5) Rules under paragraph 1 of Schedule 4 may make provision for section 35C(4) to (8) not to apply in relation to an allegation if—

(a) at the time when the allegation is made, more than five years have elapsed since the most recent events giving rise to the allegation, and

(b) the Investigation Committee consider that it would not be in the public interest to investigate the allegation.

(6) Rules including provision by virtue of subsection (4) or (5) must provide that, where section 35C(4) to (8) does not apply in relation to an allegation, the Investigation Committee must serve notification of the decision on the person making the allegation (if any).

(7) Rules under paragraph 1 of Schedule 4 may make provision as to circumstances in which the Investigation Committee may review a decision made by them of a description specified in the rules that relates to a person’s fitness to practise.

(8) Where the rules include provision by virtue of any of subsections (4) to (7), the reference in subsection (1) to the functions of the Investigation Committee under section 35C is to be read as including a reference to the functions conferred by such provision.

4ZA

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

35C

(1) This section applies where an allegation is made to the General Council against—

(a) a fully registered person; or

(b) a person who is provisionally registered,

that his fitness to practise is impaired.

(2) A person’s fitness to practise shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a) misconduct;

(b) deficient professional performance;

(c) a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(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—

(a) the allegation is based on a matter that is alleged to have occurred—

(i) outside the United Kingdom, or

(ii) at a time when the person was not registered; or

(b) in relation to a person who is a participant in a revalidation pilot scheme, the allegation is based on information obtained in the course of or otherwise in connection with the person’s revalidation under that scheme.

(4) The Investigation Committee shall investigate the allegation and decide whether it should be considered by a Medical Practitioners Tribunal.

(5) If the Investigation Committee decide that the allegation ought to be considered by a Medical Practitioners Tribunal—

(a) they shall give a direction to that effect to the Registrar;

(b) the Registrar shall refer the allegation to the MPTS for them to arrange for the allegation to be considered by a Medical Practitioners Tribunal; and

(c) the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(6) If the Investigation Committee decide that the allegation ought not to be considered by a Medical Practitioners Tribunal, they may give a warning to the person who is the subject of the allegation regarding his future conduct or performance.

(6A) In deciding whether to give a warning under subsection (6), the Investigation Committee must have regard to the over-arching objective.

(7) If the Investigation Committee decide that the allegation ought not to be considered by a Medical Practitioners Tribunal, but that no warning should be given under subsection (6) above—

(a) they shall give a direction to that effect to the Registrar; and

(b) the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(8) If the Investigation Committee are of the opinion that an Interim Orders Tribunal or a Medical Practitioners Tribunal should consider making an order for interim suspension or interim conditional registration under section 41A below in relation to the person who is the subject of the allegation—

(a) they shall give a direction to that effect to the Registrar;

(b) the Registrar shall refer the matter to the MPTS for them to arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal... to decide whether to make such an order; and

(c) the Registrar shall serve notification of the decision on the person who is the subject of the allegation and the person making the allegation (if any).

(9) In this section—

“enactment” includes—an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; andany provision of, or any instrument made under, Northern Ireland legislation;...

“regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession; and

“revalidation pilot scheme” has the meaning given by section 29EA(3) above.

35D

(1) Where an allegation against a person is referred under section 35C(5)(b) above to the MPTS—

(a) the MPTS must arrange for the allegation to be considered by a Medical Practitioners Tribunal, and

(b) subsections (2) and (3) below shall apply.

(2) Where the Medical Practitioners Tribunal find that the person’s fitness to practise is impaired they may, if they think fit—

(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

(c) direct that his registration shall 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 Tribunal think fit to impose for the protection of members of the public or in his interests.

(3) Where the Tribunal find that the person’s fitness to practise is not impaired they may nevertheless give him a warning regarding his future conduct or performance.

(4) Where a Medical Practitioners Tribunal have given a direction that a person’s registration be suspended—

(a) under subsection (2) above;

(b) under subsection (10) or (12) below; or

subsections (4A) and (4B) below apply.

(4A) The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period of suspension; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

(4B) The Registrar may, at any time prior to the expiry of the period of suspension, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal prior to that expiry; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

(5) On a review arranged under subsection (4A) or (4B), a Medical Practitioners Tribunal may, if they think fit—

(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 or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, direct that the person’s name shall be erased from the register; ...

(c) direct that the person’s registration shall, as from the expiry of the current period of suspension or from such date before that expiry as may be specified in the direction, 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 Tribunal think fit to impose for the protection of members of the public or in his interests; or

(d) revoke the direction for the remainder of the current period of suspension,

but, subject to subsection (6) below, the Tribunal shall not extend any period of suspension under this section for more than twelve months at a time.

(6) In a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, a Medical Practitioners Tribunal 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

(b) the direction is made not more than two months before the date on which the period of suspension would otherwise expire.

(7) Where a Medical Practitioners Tribunal have given a direction under subsection (6) above for a person’s period of suspension to be extended indefinitely, the Registrar shall refer the matter to the MPTS for them to arrange for a Medical Practitioners Tribunal to review the direction if—

(a) the person makes a request to the Registrar for there to be such a review;

(b) at least two years have elapsed since the date on which the direction took effect; and

(c) if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the previous review.

(8) Where a matter is referred to the MPTS under subsection (7), the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and on such a review, the Tribunal may—

(a) confirm the direction;

(b) direct that the suspension be terminated; or

(c) direct that the person’s registration 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 Tribunal think fit to impose for the protection of members of the public or in his interests.

(9) Where—

(a) a direction that a person’s registration be subject to conditions has been given under—

(i) subsection (2), (5) or (8) above,

(ii) subsection (12) below,

(iii) paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, or

(iv) section 41A below; and

(b) the Registrar is of the opinion that that person has failed to comply with any requirement imposed on the person as such a condition,

subsection (9A) below applies.

(9A) The Registrar may refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

(10) Where, on a review arranged under subsection (9A), the Tribunal judge the person concerned to have failed to comply with a requirement imposed as a condition such as is mentioned in subsection (9)(a), the Tribunal may, if they think fit—

(a) except in a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, 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.

(11) Where, in a case which does not come within subsection (9) above, a direction that a person’s registration be subject to conditions has been given under subsection (2), (5) or (8) above or paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, subsections (11A) and (11B) below apply.

(11A) The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period for which the conditions apply; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

(11B) The Registrar may, at any time prior to the expiry of the period for which the conditions apply, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

(12) On a review arranged under subsection (11A) or (11B), a Medical Practitioners Tribunal may, if they think fit—

(a) except in a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, 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;

(c) direct that the current period of conditional registration shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction; or

(d) revoke the direction, or revoke or vary any of the conditions imposed by the direction, for the remainder of the current period of conditional registration,

but the Tribunal shall not extend any period of conditional registration under this section for more than three years at a time.

(13) Where a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to give or make a direction, revocation or variation under subsection (5), (6), (8), (10) or (12) above, but the person concerned and the General Council have agreed in writing to the terms of such a direction, revocation or variation—

(a) the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may give a direction or make a revocation or variation 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.

(14) A direction, revocation or variation given or made under subsection (13)(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 given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).

35E

(1) Where, under section 35D above, a Medical Practitioners Tribunal—

(a) give a direction that a person’s name shall be erased from the register;

(b) give a direction for suspension;

(d) vary any of the conditions imposed by a direction for conditional registration,

the MPTS shall forthwith serve on the person concerned notification of the direction or variation and of his right to appeal against it under section 40 below.

(1A) Where, under section 35D, a Medical Practitioners Tribunal—

(a) give a direction or make a variation as mentioned in subsection (1),

(b) give a direction that a suspension be terminated,

(d) decide not to give a direction,

the MPTS shall forthwith serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction, variation, revocation or decision.

(1B) A notification under subsection (1A) must state whether, in giving the direction or making the variation, revocation or decision, the Tribunal took any undertakings into account in accordance with rules containing provision by virtue of paragraph 1(2C) of Schedule 4.

(2) In subsection (1) above—

(a) references to a direction for suspension include a reference to a direction extending a period of suspension; and

(b) references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.

(3) While a person’s registration in the register is suspended by virtue of a direction under section 35D—

(a) he shall be treated as not being registered in the register notwithstanding that his name still appears in it, but

(b) sections 31A, 35C, 35CC and 35D above, this section and section 39 below shall continue to apply to him.

(3A) In exercising a function under section 35D, a Medical Practitioners Tribunal must have regard to the over-arching objective.

(4) In section 35D above, “health case” means any case in which a Medical Practitioners Tribunal have determined that—

(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 other than paragraph (da).

(5) In section 35D, “language case” means any case in which a Medical Practitioners Tribunal have 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

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

Reference and transfer of cases to the Investigation Committee

3A

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

SCHEDULE 3B

Interpretation

1

(1) A medical practitioner who wishes to appeal to a Registration Appeals Panel under section 29F of this Act against a decision of a licensing authority must give written notice of appeal to the Registrar.

(2) Any such notice of appeal must be given within the period of 28 days beginning with the day on which the practitioner is given notice of the decision of the licensing authority.

(3) Sub-paragraph (2) above is subject to paragraph 2 below.

2

Where—

(a) any notice required by section 29B or 29D to be given to a medical practitioner by the Registrar is given by sending it to him by post; and

(b) the Registrar is satisfied, on the application of the practitioner, that the practitioner did not receive the notice within the period of 14 days beginning with the day on which the licensing authority gave the decision to which the notice relates,

the Registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 1 above.

3

(1) The General Council shall make rules as to—

(a) the procedure to be followed; and

(b) the rules of evidence which are to apply,

in proceedings before a Registration Appeals Panel.

(2) Rules made under this paragraph shall include provision—

(a) securing that notice of the time and place of any hearing is given, at such time and in such manner as may be specified in the rules, to the medical practitioner to whom the proceedings relate;

(b) securing that any party to proceedings before a Registration Appeals Panel shall, if he so requires, be entitled to be heard by the Panel;

(c) enabling any party to the proceedings to be represented by counsel or solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules; and

(d) requiring proceedings to be held in public..., unless and to the extent that the rules provide otherwise.

(3) In sub-paragraph (2) above, “party”, in relation to any proceedings, means—

(a) the medical practitioner to whom the proceedings relate; or

(b) ...the General Council.

(4) Paragraphs 2 and 7 of Schedule 4 to this Act shall apply in relation to proceedings before a Registration Appeals Panel as they apply in relation to proceedings before the Investigation Committee (where, in the case of paragraph 7, the Committee are considering giving a warning to a person).

(5) Rules under this paragraph shall not come into force until approved by order of the Privy Council.

(6) The Privy Council may approve such rules—

(a) as submitted to them; or

(b) subject to such modifications as appear to them to be requisite.

(7) Where the Privy Council propose to approve rules under this paragraph subject to modifications, they shall—

(a) notify the General Council of the modifications they propose to make; and

(b) consider any observations which the General Council may make on the modifications.

(8) Before making rules under this paragraph 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.

4

(1) Where a matter—

(a) arises in the course of proceedings relating to a medical practitioner before a Registration Appeals Panel; and

(b) ought, in the opinion of the Panel, to be investigated by the Investigation Committee,

sub-paragraph (2) below applies.

(2) In any such case, the Registration Appeals Panel may—

(a) adjourn the proceedings; and

(b) give a direction to the Registrar to refer the matter to the Investigation Committee.

5

In disposing of an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, the determinations that may be made by a Registration Appeals Panel are—

(a) if the appeal is against a decision to refuse to grant a licence to practise, that a licence to practise should, or (as the case may be) should not, be granted to the practitioner;

(b) if the appeal is against a decision to withdraw a licence to practise, that a licence to practise should, or (as the case may be) should not, be withdrawn from the practitioner; or

(c) if the appeal is against a decision to refuse to restore a licence to practise, that a licence to practise should, or (as the case may be) should not, be restored to the practitioner,

and a Panel may make such orders as to costs (or, in Scotland, expenses) as they think fit.

6

(1) This paragraph applies in any case where, on an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, a Registration Appeals Panel determines—

(a) that a licence to practise should be granted to the medical practitioner;

(b) that a licence to practise should not be withdrawn from the medical practitioner; or

(2) The Registration Appeals Panel shall give notice to the Registrar informing him of the determination and directing him accordingly—

(a) to grant the licence;

(b) not to withdraw the licence; or

(3) The Registrar shall give notice of the determination to the medical practitioner.

(4) Section 29H of this Act applies in relation to any notice under sub-paragraph (2) above.

7

(1) This paragraph applies in any case where, on an appeal under section 29F of this Act by a medical practitioner against a decision of a licensing authority, a Registration Appeals Panel determines—

(a) that a licence to practise should not be granted to the medical practitioner;

(b) that a licence to practise should be withdrawn from the medical practitioner; or

(2) The Registration Appeals Panel shall give notice to the Registrar—

(a) informing him of the determination; and

(b) if the determination is that a licence to practise should be withdrawn from the medical practitioner, directing him to withdraw the licence.

(3) The Registrar shall give the medical practitioner notice of—

(a) the determination; and

(b) his right under paragraph 8 below to appeal against the determination.

(4) Any direction under sub-paragraph (2)(b) above has effect subject to section 29F(3) of this Act (no implementation pending appeal).

(5) Section 29H of this Act applies in relation to any notice under sub-paragraph (2) above.

8

(1) Where, on an appeal under section 29F of this Act by a medical practitioner, a Registration Appeals Panel makes a determination falling within sub-paragraph (1) of paragraph 7 above, the practitioner may appeal against the determination.

(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 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—

(a) which is shown in the register as the practitioner’s address; or

(b) which would be so shown, if the practitioner were registered.

(5) On appeal under this paragraph from a Registration Appeals Panel, the county court or the sheriff may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against; or

(c) remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of in accordance with the directions of the court (or the sheriff),

and may make such orders as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

34B

(1) Schedule 3A to this Act (which makes provision about appeals against registration and training decisions) shall have effect.

(2) The General Council may by regulations make provision with respect to the charging of fees in connection with appeals under Schedule 3A.

(3) Regulations under subsection (2) may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

SCHEDULE 3A

1

In this Schedule—

“appealable registration decision” shall be construed in accordance with ... paragraphs 2 and 2A below;

“person concerned” means the person in respect of whom an appealable registration decision is made or, as the case may be, an applicant to whom paragraph 3(2) or (3) below applies;

“person making the decision” means—in relation to a decision on an application made under paragraph 2 of Schedule 3 to this Act, the appropriate registrar as defined in sub-paragraph (3) of that paragraph;in relation to a decision under section ... 39, 44, 44B or 44C of this Act, ... the Registrar; andin any other case, the General Council; and

...“the requisite period” has the meaning given—in relation to a decision which is treated as an appealable registration decision by virtue of paragraph 2A(1), by regulations under paragraph 2A(5); orin any other case, by paragraph 5(1A) of Schedule 3 to this Act.

2

(1) The following decisions are appealable registration decisions for the purposes of this Schedule—

(a) a decision on an application made under Schedule 3 to this Act not to register the applicant under section 3 of this Act as a fully registered medical practitioner (registration by virtue of primary United Kingdom or primary European qualifications);

(aa) a decision on an application made under Schedule 3 to this Act not to register the applicant under section 14A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc without certain acquired rights certificates);

(ab) a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 14A(1) to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;

(b) a decision on an application made under Schedule 3 to this Act not to register the applicant provisionally under section 15 of this Act (provisional registration);

(c) a decision on an application made under Schedule 3 to this Act not to register the applicant provisionally under section 15A of this Act (provisional registration for EEA nationals);

(d) a decision on an application made under Schedule 3 to this Act not to register a qualification under section 16(1) of this Act (registration of qualifications);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) a decision not to direct that a person shall be registered under section 19(1) of this Act (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.);

(fa) a decision on an application made under Schedule 3 to this Act not to register the applicant under section 19A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom);

(fb) a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 19A to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;

(g) a decision not to direct that a person shall be registered provisionally under section 21(2) of this Act (provisional registration);

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ka) a decision not to direct that a person be registered under section 21B of this Act (full registration of persons with an overseas qualification);

(kb) a decision not to direct that a person be registered under section 21C of this Act (provisional registration of persons with an overseas qualification);

(l) a decision not to register a qualification under section 26(1) ... of this Act (registration of qualifications);

(m) a decision under section 27A of this Act (temporary registration for visiting eminent specialists)—

(i) not to direct that a person be registered under that section,

(ii) as to any conditions specified in a direction that a person be registered under that section;

(ma) a decision under section 27B of this Act (special purpose registration)—

(i) not to direct that a person be registered under that section,

(ii) as to the conditions specified in a direction that a person be registered under that section;

(mb) a decision under section 39 of this Act (fraud or error in relation to registration) to erase an entry from the register, the General Practitioner Register or the Specialist Register;

(n) a decision under section 44 of this Act (effect of disqualification in another member State on registration in the United Kingdom)—

(i) under subsection (1) ... , not to register a person, or

(ii) under subsection (3), to remove a person’s name from the register;

(o) a decision under section 44B of this Act (fitness to practise matters prior to registration) to refuse to register a person or to erase a person’s name from the register;

(p) a decision not to give a direction under section 44D(1) or (2) of this Act (approved practice settings) disapplying the requirements set out in those subsections.

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) But a decision is not an appealable registration decision for the purposes of this Schedule if it is a decision to refuse registration to a person, or to erase a person’s name from the register, by reason only that the person failed to—

(a) pay the prescribed fee for registration;

(b) make an application as required under this Act; or

3

(1) Where an appealable registration decision is made, the person making the decision shall give the person concerned notice of—

(a) the decision;

(b) the reasons for the decision; and

(2) Failure to notify an applicant of a decision made in respect of an application for registration under section 3, 14A, 15, 15A, 19, 19A or 21 of this Act within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below.

(2A) Failure to notify an applicant of a decision in respect of an application for registration under section 21B of this Act (full registration of persons with an overseas qualification) within the requisite period shall, where a specified state professional makes the application, be treated as a decision from which the applicant may appeal under paragraph 4 below.

(3) Failure to notify an applicant of a decision made in respect of an application for inclusion in the General Practitioner Register or the Specialist Register within the requisite period shall, in cases prescribed by the General Council in rules, be treated as a decision from which the applicant may appeal under paragraph 4.

(4) Rules under sub-paragraph (3) shall not come into force until approved by order of the Privy Council.

4

(1) A person in respect of whom an appealable registration decision has been made may appeal against the decision to a Registration Appeals Panel.

(2) An appeal under sub-paragraph (1) above shall be made by giving notice of appeal to the Registrar.

(3) Any such notice of appeal must be given before the end of the period of 28 days beginning with the date on which notice of the decision was given under paragraph 3(1) above.

This sub-paragraph is subject to any extension of time under paragraph 7 below.

(4) In the case of an appeal by virtue of paragraph 3(2) , (2A) or (3) above, notice of appeal must be given before the end of the period of 28 days following the end of the requisite period.

(5) Where a decision to erase or remove a medical practitioner from the register is an appealable registration decision, the decision 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.

(6) Any rules made under paragraph 3 of Schedule 3B to this Act shall apply in relation to an appeal under this Schedule as they apply in relation to an appeal under section 29F of this Act.

(7) ... Paragraph 2 of Schedule 4 and, subject to sub-paragraph (7A), paragraph 7 of that Schedule shall apply in relation to proceedings under this Schedule before a Registration Appeals Panel as they apply to proceedings before the Investigation Committee (where, in the case of paragraph 7, the Committee are considering giving a warning to a person).

(7A) Where the chair of a Registration Appeals Panel is a legally qualified person, paragraph 7 of Schedule 4 is to be taken to authorise but not require the General Council to appoint an assessor to the Panel under that paragraph.

(7B) In sub-paragraph (7A), “legally qualified person” means a person who holds a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 or who is an advocate or solicitor in Scotland or a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.

(8) In disposing of an appeal under this paragraph, a Registration Appeals Panel may determine to—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision which could have been made by the person making the decision;

(d) remit the case to the person making the decision to dispose of in accordance with the directions of the Registration Appeals Panel,

and a Panel may make such order as to costs (or, in Scotland, expenses) as they think fit.

(9) A Registration Appeals Panel shall, as soon as reasonably practicable—

(a) give the person concerned, and the person making the decision, notice of the Panel’s determination on an appeal under sub-paragraph (1) above and of the reasons for that determination; and

(b) if that determination is not a determination under sub-paragraph (8)(b) above, give the person concerned notice of his right of appeal under paragraph 5 below.

5

(1) Where—

(a) a Registration Appeals Panel determines an appeal under paragraph 4 above; and

(b) the Panel’s determination is any determination other than a determination under paragraph 4(8)(b) above to allow the appeal and quash the decision appealed against,

the person concerned may, before the end of the period of 28 days beginning with the date on which notice of the determination was given to him under paragraph 4(9), appeal against the determination to the relevant court.

(2) In this paragraph, “the relevant court” means the county court or, in Scotland, the sheriff.

(3) In sub-paragraph (2) above, “the sheriff” means 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.

(4) On an appeal under this paragraph from a Registration Appeals Panel, the relevant court may—

(a) dismiss the appeal;

(b) allow the appeal and quash the determination appealed against;

(c) substitute for the determination appealed against any other determination which could have been made by the Registration Appeals Panel;

(d) remit the case to the Registrar for him to refer it to a Registration Appeals Panel to dispose of the case in accordance with the directions of the relevant court,

and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit.

6

(1) Any notice required to be given under paragraph 3 or 4(9) above to the person concerned may be given—

(a) by delivering it to him;

(b) by leaving it at his proper address;

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

(2) For the purposes of this paragraph and of section 7 of the Interpretation Act 1978 in its application to this paragraph, the proper address of the person concerned shall be—

(a) the address—

(i) which is shown in the register as his address, or

(ii) which would have been so shown if he were registered; or

(b) if the conditions in sub-paragraph (3) below are satisfied, his last known address.

(3) The conditions are that—

(a) the last known address of the person concerned differs from the address mentioned in sub-paragraph (2)(a) above; and

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

(4) For the purposes of this paragraph—

(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.

7

Where—

(a) any notice required by paragraph 3(1) above to be given to the person concerned is given by sending it to him by post; and

(b) the Registrar is satisfied, on the application of that person, that he did not receive the notice within the period of 14 days beginning with the day on which the person making the decision gave the decision to which the notice relates, the Registrar may, if he thinks fit, by authorisation in writing extend the time for giving notice of appeal under paragraph 4(2) above.

10A

(1) For the purposes of this Act, “acceptable programme for provisionally registered doctors” means a programme that is for the time being recognised by the General Council as providing a provisionally registered person with an acceptable foundation for future practice as a fully registered medical practitioner.

(2) In connection with recognising programmes for provisionally registered doctors as mentioned in subsection (1) above, the General Council may determine—

(a) the duration of a programme for provisionally registered doctors...;

(b) the bodies that may provide, arrange for the provision of or be responsible for programmes for provisionally registered doctors and (where different) the bodies by whom a person is to be employed or engaged while he is participating in a programme for provisionally registered doctors;

(d) activities which a person is, or is not, to engage in as part of or while participating in a programme for provisionally registered doctors;

(e) the arrangements for certification that a person has satisfactorily completed a programme for provisionally registered doctors, including—

(i) determining the bodies that may certify that a person has satisfactorily completed a programme for provisionally registered doctors,

(ii) determining assessment arrangements and the standards required for certification, and

(iii) determining the form of the certificate of experience to be awarded on satisfactory completion of a programme for provisionally registered doctors; and

(f) arrangements for a person with a disability not to be disadvantaged unfairly by the disability when participating in a programme for provisionally registered doctors.

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

(4) Determinations of the General Council under subsection (2) above shall be published in such manner as they see fit.

(5) Such determinations—

(a) are binding on bodies concerned with programmes for provisionally registered doctors as regards the matters to which they relate; and

(b) accordingly, those bodies must act in accordance with them as regards the matters to which they relate.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purpose of—

(a) determining whether any programme for provisionally registered doctors should for the time being be recognised; or

(b) making any determination in connection with a body mentioned in subsection (2),

the General Council may appoint persons to consider programmes for provisionally registered doctors, to visit the bodies mentioned in subsection (2) and to report to the General Council on those programmes and those bodies.

(8) If the General Council have formed the provisional opinion—

(a) that a programme for provisionally registered doctors that has been recognised by them should no longer be recognised by them, they shall notify that opinion in writing to any body, mentioned in subsection (2), that is connected with that programme and shall allow that body a reasonable opportunity to respond before determining whether or not to end their recognition of that programme; or

(b) that a determination under subsection (2)(b) or (e)(i) should be revoked, they shall notify that opinion in writing to the body in respect of whom the determination was made and shall allow that body a reasonable opportunity to respond before determining whether or not to revoke that determination.

21B

(1) Subject to subsections (1A) and (1AA) where a person satisfies the Registrar—

(a) that the person—

(i) holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification, or

(ii) holds a specified state qualification that is not an acceptable overseas qualification and has met the requirement specified in relation to the person under section 21BA;

(b) that he possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom;

(d) that—

(i) in the case of a person who is not a specified state professional, the person has the necessary knowledge of English; or

(ii) in the case of a person who is a specified state professional, the person has satisfied such requirement as to language skills as is imposed on the person under section 21BA(7);

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(1A) Subsection (1)(b) does not apply to a person who makes an application under this section on or after IP completion day in reliance on the holding of a relevant European qualification within subsection (3)(a) or (b).

(1AA) Subsection (1)(b) does not apply in the case of a person who makes an application under this section in reliance on the holding of a specified state qualification and on having met the requirement specified in relation to the person under section 21BA.

(1B) Subsection (1C) applies instead of subsection (1) in the case of an exempt person who—

(a) has made an application for registration as a fully registered medical practitioner under this section before IP completion day, or

(b) is provisionally registered under section 21C and made the application for that provisional registration before IP completion day.

(1C) Where the exempt person satisfies the Registrar that—

(a) the person holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification,

(b) where—

(i) the acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and

(ii) that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training),

(c) the person possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom, and

(d) the person's fitness to practise is not impaired,

the person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(2) In this Act, an “acceptable overseas qualification” means—

(a) in relation to a person who makes an application for registration on or after IP completion day, a relevant European qualification, or

(b) (whether or not in relation to such a person) any other qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

(3) In this section, “relevant European qualification” means—

(a) a primary European qualification under section 17(1)(a) that has not been designated by the General Council for the purposes of this paragraph,

(b) a qualification that is not a primary European qualification under section 17(1)(a) but—

(i) was granted in a relevant European State, and

(ii) demonstrates, in the opinion of the General Council, a comparable level of knowledge, skill and experience to that demonstrated by the means of qualification laid down by section 3(1)(a) (including the programme for provisionally registered doctors), or

(c) a qualification that is not a primary European qualification under section 17(1)(a) and does not fall within paragraph (b) but—

(i) was granted in a relevant European State, and

(ii) demonstrates, in the opinion of the General Council, a comparable level of knowledge and skill to that demonstrated by a primary United Kingdom qualification.

(4) The General Council—

(a) may designate a qualification for the purposes of subsection (3)(a) only with the approval of the Privy Council;

(b) must maintain and publish a list of the qualifications that are so designated.

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