Legalize / United Kingdom / Public General Act

Medical Act 1983

Type Public General Act

Publication 1983-07-26

Last updated 2025-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

It shall be within the capacity of the General Council as a corporation to do such things and enter into such transactions as are in their opinion incidental or conducive to the performance of their functions under this Act, including the borrowing of money.

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For the purpose of enabling the General Council to compile or assist in the compilation of statistics relating to medical practice and practitioners the Council may from time to time issue to persons registered under this Act ... requests for information on matters which in the opinion of the Council are relevant for that purpose.

11

The General Council may provide facilities for testing the knowledge of English of applicants for registration under section 21B or 21C of this Act.

Proceedings of the General Council

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All acts of the General Council shall be decided by the votes of a majority of the members present at any meeting, and if the votes are equal the person who chairs the meeting shall, in addition to his vote as a member of the Council, have a casting vote.

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(1) The General Council may by standing order make provision with respect to the meetings and proceedings of and the discharge of their functions by the Council and any committees of the Council, with respect to the composition of committees of the Council and with respect to the functions of the officers of the Council.

(1A) Standing orders of the General Council may make provision with regard to the provisional suspension of a member of the General Council from office, pending the taking of a decision about the suspension or removal from office of the member in accordance with the provisions of an order under section 1(2).

(2) Any standing order made by the Council under this paragraph may be amended or revoked by a subsequent standing order.

(3) Sub-paragraph (1) does not apply in relation to the statutory committees... ..., except in so far as is necessary for enabling standing orders to make provision with regard to the financial affairs of the MPTS or to make provision by virtue of paragraph 19F(9)(c).

Officers of the General Council

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(1A) Standing orders of the General Council may make provision with regard to the appointment of a treasurer of the General Council.

(3) The General Council shall appoint a person to be registrar of the Council and may appoint such deputy and assistant registrars of the Council as the Council think fit and where a deputy or assistant registrar is authorised by the Registrar to act for him in any matter, any reference in this Act to the Registrar or in a direction or delegation to him under sub-paragraph (4) below, shall include a reference to that deputy or assistant where the reference relates to that matter.

(3A) A deputy or assistant registrar who is authorised in accordance with provision made by virtue of paragraph 19F(7) to act on behalf of the MPTS may not, while so authorised, act for the Registrar in any matter.

(4) Subject to paragraph 6 of Schedule 4 to this Act, the Registrar shall, in addition to the functions specifically mentioned in this Act, have such other functions as the General Council may think fit to direct him to perform or delegate to him (whether or not in rules or standing orders).

Financial provisions

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There shall be paid to the members of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow, including payments for duties undertaken as trustees of the Council.

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(1) Any fees or other sums payable by virtue of this Act in connection with registration under this Act shall be paid to the General Council, and any expenses of the Council shall be defrayed out of the sums received by the Council either on account of those fees and sums, or from the sale of registers, or otherwise.

(2) The General Council shall keep proper accounts of all sums received or paid by them, and proper records in relation to those accounts (including records of the evidence furnished by branch councils under paragraph 28 below), and their accounts for each financial year of the Council shall be audited by auditors appointed by the Council.

(3) No person shall be appointed auditor under this paragraph unless he is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006.

(4) As soon as may be after the accounts of the General Council have been audited, the Council shall cause them to be published and shall send a copy of them to the Privy Council together with a copy of any report of the auditors on them, and the Privy Council shall lay a copy of the accounts and of any report of the auditors on the accounts before each House of Parliament.

Part III — Committees of the General Medical Council

The Education Committee

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The Preliminary Proceedings Committee

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The Preliminary Proceedings Committee shall be constituted as provided by the General Council by rules under this paragraph.

The Professional Conduct Committee

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

The Health Committee

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

Supplementary

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Rules under paragraph 19C above shall secure that—

(a) only persons who are not members of the General Council shall be members of ...a Registration Appeals Panel...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and

(c) a person who is a member of the Investigation Committee or a Registration Panel may not at the same time be a member of ... a Registration Appeals Panel....

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Rules under paragraph 19B, 19C, 19D, 19F or 19G above shall not come into force until approved by order of the Privy Council.

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(1) Without prejudice to the preceding provisions of this Part of this Schedule the General Council may constitute ... one or more committees.

(1A) Any committee of the General Council may consist of or include persons who are not members of the Council.

(2) Subject to and in accordance with paragraphs 19B, 19C, 19D, 19F, 19G and 23 above, a Committee of the General Council may, if authorised to do so by the General Council, co-opt such persons (whether or not members of the Council) as the Committee think fit.

(3) The General Council may delegate to any committee of the Council (other than the MPTS or a Medical Practitioners Tribunal or Interim Orders Tribunal) such of the Council’s functions as they think fit....

(4) Except where rules made under paragraph 19F(3)(f) or 19G(2)(d) or by virtue of paragraph 23B above make provision as to quorum in the case of any of the statutory committees, the quorum of a committee of the General Council shall be such as the Council may from time to time determine.

(5) There shall be paid to the members of the committees of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow.

Part IV — The Branch Councils

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(1) There shall continue to be a branch council for England, for Wales, for Scotland and for Northern Ireland.

(2) The branch council for each area shall be constituted as provided by the General Council.

(2A) Some or all members of a branch council may be persons who are not members of the General Council.

(3) The General Council may delegate to a branch council such of the functions of the General Council ... as the General Council think fit.

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Each branch council shall appoint a registrar of the council but the person appointed to be registrar of the General Council—

(a) shall also be registrar of the branch council for England; and

(b) may also be registrar of all or any of the other branch councils.

28

The General Council shall furnish each branch council with such sums as the branch council may require for defraying any expenses incurred by the branch council with the approval of the General Council; and each branch council shall furnish the General Council with such evidence as the General Council may reasonably require of all payments made by the branch council out of sums furnished by the General Council.

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There shall be paid to the members of the branch councils such remuneration and such travelling, subsistence or other expenses as the General Council may allow.

SCHEDULE 2

Belgium

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

Denmark

"Bevis for bestaet tegevidenskabelig embedseksamen" (diploma of doctor of medicine required by law) awarded by a university faculty of medicine and " dokumentation for gennemf0rt praktisk uddannelse " (certificate of practical training issued by the competent authorities of the health service).

France

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“Diplôme d’Etat de docteur en médecine” (State diploma of doctor of medicine) awarded by the university faculties of medicine, the university joint faculties of medicine and pharmacy, or by the universities.

2

“Diplôme d’université de docteur en médecine” (university diploma of doctor of medicine) where that diploma certifies completion of the same training course as that laid down for the State diploma of doctor of medicine.

Germany

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“Zeugnis über die ärztliche Staatsprüfung” (the State examination certificate in medicine) awarded by the competent authorities and the “Zeugnis über die Vorbereitungszeit als Medizinalassistent” (certificate stating that the preparatory period as medical assistant has been completed) in so far as German law still requires such a period to complete medical training.

2

Zeugnis über die ärtzliche Staatsprüfung’ (the State examination certificate in medicine) awarded by the competent authorities after 30th June 1988 and the certificate attesting to the practice of medicine during a period of practical training (“Arzt im Praktikum”).

Greece

πτυχίο ỉατρικñς Σχολñς (degree awarded by the Faculty of Medicine) awarded by a University Faculty of Medicine, and

πιτοτοποιητικό πρακτικñς άσκήσεως (certificate of practical training) issued by the Ministry for Social Services.

Republic of Ireland

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

Italy

" Diploma di abilitazione all'esercizio della medicina e chirurgia " (diploma conferring the right to practise medicine and surgery) awarded by the State Examining Commission.

Luxembourg

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“Diplôme d’Etat de docteur en médecine, chirurgie et accouchements” (State diploma of doctor of medicine, surgery and obstetrics) awarded by the State Examining Board, and endorsed by the Minister of Education, and “certificat de stage” (certificate of practical training) endorsed by the Minister for Public Health.

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Oulun yliopisto

The Netherlands

"Universitair getuigschrift van arts" (university certificate of doctor).

SCHEDULE 3

Preliminary

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(1) Subject to the following provisions of this Schedule, any right to registration of persons under section 3, 14A, 15, 15A or 19A of this Act or of qualifications under section 16 or 26 of this Act shall be conditional on the making of such an application, supported by such evidence, as is required by this Schedule.

(2) Nothing in this Schedule applies to anything done in pursuance of a direction under section 41 of this Act for restoration to the register.

To which registrar application to be made

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(1) The following applications shall be made to the registrar of one of the branch councils, that is to say—

(a) applications for registration of persons under section 3(1)(a) , 15 or 15A of this Act; and

(b) applications under section 16 of this Act (other than applications for registration of primary European qualifications where the applicant was registered under section 3(1)(b) of this Act by virtue of those qualifications).

(2) The following applications shall be made to the Registrar, that is to say—

(a) applications for registration of persons under section 3(1)(b) , 14A or 19A of this Act and for the registration of the qualifications of those persons by virtue of which they were entitled to be registered under that paragraph;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the following provisions of this Schedule “the appropriate registrar”, in relation to an application for registration, means the registrar to whom, in accordance with this paragraph, the application is made.

Proof of qualifications

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(1) Subject to sub-paragraph (2) below, a person making an application for registration under section 3, 14A, 15, 15A or 19A of this Act or an application under section 16 of this Act for the registration of any primary United Kingdom or primary European qualifications he holds when he is registered under section 3, 14A, 15 or 15A of this Act shall produce or send to the appropriate registrar the document conferring or evidencing the qualification by virtue of which the application is made together with a statement of his name and address and such other particulars (if any) as may be required for registration.

(1A) An exempt person (“A”) who—

(a) makes an application for registration under section 3(1)(b) of this Act,

(b) holds a qualification listed in Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training), and

shall produce or send to the Registrar a certificate as mentioned in sub-paragraph (1B).

(1B) The certificate—

(a) must be a certificate issued by a competent authority in A's attesting State (as defined by section 44BA(6)); and

(b) must certify that the document conferring or evidencing A's qualification produced or sent by A under sub-paragraph (1) is evidence of formal qualifications listed in relation to that State in Annex V, point 5.1.1 of the Directive.

(2) Any body or combination of bodies included in the list maintained under section 4(1) of this Act may from time to time send to the Registrar or the registrar of a branch council lists certified under that body’s seal of the persons who have been granted qualifications by the body stating the qualifications and addresses of the persons included in the list, and a registrar—

(a) may for the purposes of this Act treat any such list sent to that registrar as sufficient evidence of the entitlement of any person mentioned in it to the qualification or qualifications which he is stated in it to have been granted; and

(b) on an application for registration under section 3, 15 or 15A of this Act or an application under section 16 of this Act for the registration of primary United Kingdom qualifications held on registration under those sections may issue a certificate of registration under paragraph 5 below to a person mentioned in any such list sent to that registrar as having been granted a primary United Kingdom qualification without the document mentioned in sub-paragraph (1) above being produced or sent to him.

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

(4) The evidence of professional qualifications or other particulars required of a specified state professional in order to be registered under section 21B must be no more than is necessary to satisfy the Registrar as to the matters in section 21B(1)(a) to (d) in relation to the specified state professional.

(5) Where documents fall to be provided in connection with the registration of a specified state professional under section 21B, the Registrar must accept certified copies of documents in place of original documents, unless the Registrar requires original documents to protect the integrity of the application process.

(6) For the purposes of sub-paragraph (5), a certified copy of a document is one which is certified to be a true copy of the original by a solicitor practising in any part of the United Kingdom.

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A registrar shall not register any qualification, whether on first registration of a person or by way of addition, unless he is satisfied that the person claiming the qualification is entitled to it; but if a registrar to whom an application for registration of a qualification is made determines that he is not so satisfied, the applicant may appeal to the General Council.

Issue of certificates of registration

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(1) Subject to the foregoing provisions of this Schedule, on an application for the registration of a person under section 3, 14A, 15, 15A or 19A of this Act the appropriate registrar, if satisfied that the applicant is entitled to be registered in accordance with the application—

(a) shall issue to the applicant the certificate of registration required by this paragraph; and

(b) ... shall do so before the end of the requisite period.

(1A) In this paragraph “the requisite period”—

(a) in the case of an application under section 14A or 19A of this Act or an application by a specified state professional under section 21B of this Act, means the period of four months beginning with—

(i) the date when the Registrar receives the application, or

(ii) if any document required for the purposes of the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes; and

(b) in the case of any other application, means the period of three months beginning with the date on which the appropriate registrar receives all the documents enabling him to be satisfied of the applicant's entitlement to be registered in accordance with the application.

(2) On registering a person under section 19, 21, 21B, 21C, 27A or 27B of this Act the Registrar shall issue to the applicant the certificate of registration required by this paragraph.

(3) Subject as aforesaid, on an application for the registration of a qualification under section 16 or 26 of this Act, the appropriate registrar if satisfied that the applicant is entitled to have the qualification registered in accordance with the application shall issue to the applicant the certificate of registration required by this paragraph.

(4) A certificate of registration under this paragraph must be in the form prescribed by regulations under section 31 of this Act for entries in the register ... and shall state the name of the applicant and such other particulars as may be prescribed by the regulations.

(4A) A certificate of registration required to be issued under sub-paragraph (2) or (3) above shall be issued before the end of the requisite period.

Entry in or alteration of a register

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(1) Without prejudice to sub-paragraph (2) below, the particulars stated in any certificate of registration issued under paragraph 5(1) or (3) above shall be deemed for all purposes to have been duly registered on the date of issue of the certificate except in so far as they were actually registered before that date, and references in this Act to registration shall be construed accordingly.

(2) On issuing a certificate of registration under paragraph 5(1) or (3) above the appropriate registrar shall—

(a) if he is the registrar of a branch council (but is not also the Registrar), with all convenient speed send a copy of the certificate certified under his hand to the Registrar, who shall forthwith cause an appropriate entry or alteration to be made in the register ... ; or

(b) if he is the Registrar, forthwith cause an appropriate entry or alteration to be made in the register ... .

(3) An entry or alteration made in the register in pursuance of this paragraph shall bear the same date as the certificate of registration by virtue of which it is made.

Visiting medical practitioners from relevant European States

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SCHEDULE 4

Procedure of and evidence before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals

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(1) Subject to the provisions of this paragraph, the General Council shall make rules ...with respect to—

(a) the reference of cases to the Investigation Committee or the MPTS;

(aa) the arrangements by the MPTS for a Medical Practitioners Tribunal or Interim Orders Tribunal to consider a matter; and

(b) the procedure to be followed and rules of evidence to be observed in proceedings before the Investigation Committee or a Medical Practitioners Tribunal or Interim Orders Tribunal.

(1A) The overriding objective of the General Council in making rules under this Schedule with respect to the procedure to be followed in proceedings before a Medical Practitioners Tribunal or an Interim Orders Tribunal, or with respect to the procedure to be followed by the Investigation Committee when deciding whether to give a warning under section 35C(6), is to secure that the Tribunal or Committee (as the case may be) deals with cases fairly and justly.

(1B) Where the General Council consider that there is a conflict between meeting the objective under sub-paragraph (1A) and the over-arching objective, they must give priority to meeting the objective under sub-paragraph (1A).

(2) Rules made under this paragraph in connection with the consideration by the Investigation Committee of whether to warn a person regarding his future conduct or performance under section 35C(6) above shall include provision—

(a) securing that notice shall be given to this effect to the person concerned;

(b) securing that the person concerned shall be entitled to make representations in writing to the Committee;

(c) securing that if the Committee determines that there should be an oral hearing, the person concerned shall, if he so requires, be entitled to be heard by the Committee;

(d) enabling the person concerned to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules; and

(e) securing that notice be served on the person concerned of any decision taken in relation to him by the Committee.

(2ZA) Rules made under this paragraph in connection with the referral of a matter to, or the consideration of a matter by, a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for—

(a) the Investigation Committee to continue to investigate the matter after the referral is made or consideration by the Tribunal has begun (as the case may be); and

(b) the withdrawal of the matter (or part of it) by the Investigation Committee if they decide that the matter (or part of it) should not be considered by a Medical Practitioners Tribunal or they are of the opinion that an Interim Orders Tribunal should not consider making an order.

(2ZB) Section 35CC(1) applies to functions of the Investigation Committee by virtue of sub-paragraph (2ZA) as it applies to their functions under section 35C.

(2A) Rules made under this paragraph may include provision—

(a) for enabling the Investigation Committee, whether before or after a matter has been referred to a Medical Practitioners Tribunal (but before the Tribunal’s hearing of the matter has begun), and in such circumstances as may be specified in the rules, to agree with the person concerned that the person will comply with such undertakings as the Committee consider appropriate; and

(b) with respect to the procedure to be followed where any such undertakings are breached.

(2B) Section 35CC(1) applies to the functions of the Investigation Committee by virtue of sub-paragraph (2A) as it applies to their functions under section 35C.

(2C) Rules made under this paragraph may include provision—

(a) for enabling the General Council, where a Medical Practitioners Tribunal find that a person’s fitness to practise is impaired, to agree with the person concerned that the person will comply with such undertakings as the Council consider appropriate;

(b) for enabling a Medical Practitioners Tribunal to take any such undertakings into account;

(i) where there is a breach of any such undertakings, or

(ii) where the General Council consider that any such undertakings should no longer apply and that a direction under section 35D should instead be given.

(2D) Rules making provision by virtue of sub-paragraph (2C)(c) may, make provision—

(a) for enabling or requiring a Medical Practitioners Tribunal to review whether the undertakings should continue to apply;

(b) for treating the requirements contained in the undertakings as if they were requirements specified in a direction given under section 35D(2)(c); and

(i) where there is a breach of any such undertakings, or

(ii) where the General Council consider that any such undertakings should no longer apply.

(2E) For the purposes of sub-paragraph (2D), the rules may apply sections 35D and 35E with such modifications, and may make such consequential modifications of this Act, as the Council think fit; and accordingly where the rules make such provision, references in this Act to section 35D or 35E include a reference to that section as so applied.

(2F) Where rules made under this paragraph include provision under sub-paragraph (2A)(a), the Investigation Committee or such person as is by virtue of sub-paragraph (2B) exercising the function conferred by the provision must, in exercising the function, have regard to the over-arching objective.

(2G) Where rules made under this paragraph include provision under sub-paragraph (2C)(b), or provision under sub-paragraph (2C)(c) of the kind mentioned in sub-paragraph (2D), a Medical Practitioners Tribunal must, in exercising the function conferred by the provision, have regard to the over-arching objective.

(3) Rules made under this paragraph in connection with the consideration by an Interim Orders Tribunal or a Medical Practitioners Tribunal of the making of an interim suspension order or an order for interim conditional registration under section 41A above, or in connection with the review of such an interim order, shall include provision—

(a) securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whom the proceedings relate;

(b) securing that a person in relation to whom an order has been made shall, if he so requires, be entitled to be heard by the Tribunal on each occasion on which they review the order;

(c) enabling the person in relation to whom the order has been made to be represented before the Tribunal by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules;

(d) for service on the person to whom the proceedings relate of notice of any decision taken in relation to him by the Tribunal; and

(e) determining when proceedings before the Tribunal are to be held in public and when in private (including provision securing that they are to be held in public if the person to whom the proceedings relate so requests).

(4) Rules made under this paragraph in connection with any other proceedings before a Medical Practitioners Tribunal shall include provision—

(a) securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whose registration the proceedings relate;

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

(c) enabling any party to the proceedings to be represented before the Tribunal by counsel or a 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;

(d) ... for proceedings before a Tribunal to be held in public unless and to the extent that the rules provide otherwise; ...

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

(4A) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal may include provision for preliminary hearings.

(4B) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal which include provision with respect to the consequences of a failure to comply with those rules or with directions given by the Tribunal or a case manager appointed under paragraph 7A may, in particular—

(a) where the failure relates to the admission of evidence, enable the Tribunal to refuse to admit the evidence and enable a case manager appointed under paragraph 7A to direct the Tribunal to consider whether to admit the evidence;

(b) confer power on the Tribunal to draw adverse inferences;

(4C) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for the award of costs (or, in Scotland, expenses) in a case where a party’s, or a party’s representative’s, conduct of the proceedings has been unreasonable.

(4D) Provision by virtue of sub-paragraph (4B)(c) or (4C) may, in particular, include—

(a) provision for assessment or taxation of costs (or, in Scotland, taxation of expenses);

(b) provision for a wasted costs order (or, in Scotland, wasted expenses order);

(d) provision conferring on either party a right of appeal against an award of costs to the High Court (or, in Scotland, against an award of expenses to the Court of Session);

(e) provision for the enforcement of an award of costs (or, in Scotland, expenses) in the same manner as if the award had been made by order of the county court (or, in Scotland, by decree of the sheriff court or, in Northern Ireland, by order of a county court).

(4E) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may contain such provisions as appear to the General Council expedient for securing that, where the chair of the Tribunal is a legally qualified person and the chair advises the Tribunal on any question of law as to evidence, procedure or any other matter specified in the rules, the chair shall either—

(a) so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or

(b) inform every such party or person of the advice that the chair has tendered, if the advice is tendered after the Tribunal have begun their deliberations, whether by including the advice in the Tribunal’s decision or by some other means,

and the rules may also contain such incidental and supplementary provisions as appear to the General Council expedient.

(4F) In sub-paragraph (4E), “legally qualified person” means a person who satisfies the criteria set under paragraph 7(1C) in relation to legal qualifications and legal experience.

(5) Rules made under this paragraph shall specify the relevant date for the purposes of sections 35A and 35B of this Act.

(6) 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 General Council requisite to be consulted.

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

(8) 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.

(9) 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.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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(1) For the purpose of proceedings in England or Wales or in Northern Ireland before—

(a) the Investigation Committee;

(b) an Interim Orders Tribunal; or

the Committee or Tribunal may administer oaths, and any party to the proceedings may issue a writ of subpoena ad testificandum or duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

(2) Section 36 of the Senior Courts Act 1981 or section 67 of the Judicature (Northern Ireland) Act 1978 (which provide a special procedure for the issue of such writs so as to be in force throughout the United Kingdom) shall apply in relation to proceedings before the Investigation Committee, an Interim Orders Tribunal or a Medical Practitioners Tribunal in England and Wales or, as the case may be, in Northern Ireland as those provisions apply in relation to causes or matters in the High Court or actions or suits pending in the High Court of Justice in Northern Ireland.

(3) For the purpose of proceedings before the Investigation Committee, an Interim Orders Tribunal or a Medical Practitioners Tribunal in Scotland, the Committee or Tribunal may administer oaths and the Court of Session shall on the application of any party to the proceedings have the like power as in any action in that court—

(a) to grant warrant for the citation of witnesses and havers to give evidence or to produce documents before the Committee or Tribunal and for the issue of letters of second diligence against any witness or haver failing to appear after due citation;

(b) to grant warrant for the recovery of documents; and

(c) to grant commissions to persons to take the evidence of witnesses or to examine havers and receive their exhibits and productions.

3

Where—

(a) several sittings of the Investigation Committee, a Medical Practitioners Tribunal or an Interim Orders Tribunal ... are required to enable the Committee or a Tribunal ... to dispose of a case; or

(b) on an appeal to the relevant court under section 40 of this Act, the case is remitted to the Registrar for him to refer the case to the MPTS for them to arrange for a Medical Practitioners Tribunal ...... ... to dispose of the case in accordance with directions given by the court,

the validity of the proceedings on the case before the Committee or Tribunal..., as the case may be, shall not be called into question by reason only that members of the Committee or Tribunal... who were present at a former meeting were not present at a later meeting of the Committee or Tribunal... or that members present at a later meeting were not present at a former meeting of the Committee or Tribunal..., as the case may be.

Reference and transfer of cases to the Health Committee

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Preliminary proceedings

5

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

Proceedings for erasure of entries fraudulently or incorrectly made

6

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

Legal assessors

7

(1) For the purposes of advising—

(a) the Investigation Committee where it is considering giving a warning to a person;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on questions of law arising in proceedings before the Committee, there shall in all such proceedings be an assessor to the Committee who shall be appointed by the General Council....

(1A) The General Council must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under sub-paragraph (1).

(1B) The MPTS must appoint a person as an assessor to a Medical Practitioners Tribunal or an Interim Orders Tribunal for the purpose of advising the Tribunal on questions of law arising in proceedings before them—

(a) if the chair of the Tribunal is not a legally qualified person, or

(b) in any other case where they consider it appropriate to do so.

(1C) The MPTS must set and publish the criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment under sub-paragraph (1B).

(1D) In sub-paragraph (1B), “legally qualified person” means a person who satisfies such criteria as are set under sub-paragraph (1C) in relation to legal qualifications and legal experience.

(2) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings.

(2A) The General Council may make rules containing provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the MPTS in connection with the exercise of any function relating to the appointment of a person as an assessor.

(3) The General Council may make rules as to the functions of assessors appointed under this paragraph, including without prejudice to the generality of the powers to make such rules, the function of advising on the drafting of decisions.

(4) Rules made under this paragraph in connection with proceedings before the Investigation Committee, a Medical Practitioners Tribunal or an Interim Orders Tribunal may in particular contain such provisions as appear to the General Council expedient for—

(a) securing that where an assessor advises the Committee or a Tribunal on any question of law as to evidence, procedure or any other matter specified in the rules, he shall either—

(i) so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or

(ii) inform every such party or person of the advice that he has tendered, if the advice is tendered after the Committee or the Tribunal have begun their deliberations;

(b) securing that every such party or person shall be informed if in any case the Committee or the Tribunal do not accept the advice of the assessor on any such question,

and may also contain such incidental and supplementary provisions as appear to the General Council expedient.

(5) The General Council may pay to persons appointed to act as assessors such remuneration as the Council may determine.

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

Service of notifications of decisions

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 or paragraph 5A(3), (3A) or (3E) or 5C(3), (3A) or (5) above or by virtue of section 35CC(6).

(2) Any such notice may be so served—

(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; or

(e) by sending it to an email address which the person provides for the purpose of fitness to practise proceedings

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

(a) his address in the register; or

(b) if the conditions in sub-paragraph (4) below are satisfied, his last known address.

(4) The conditions are that—

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

(b) it appears to the Registrar that a letter sent to the person at his last known address is more likely to reach him.

(5) For the purposes of this paragraph—

(a) the serving 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.

(6) For the purposes of this paragraph, service of a notice sent by email is effected only if there is an electronic receipt showing that the email has been opened (or if the recipient acknowledges receipt in some other way).

Extension of time for appealing

9

Where—

(a) any notice required by section 35E(1) or 39(2) of this Act or paragraph 5A(3E) or 5C(5) above to be served on a person by the Registrar or the MPTS is served on him by sending it by post; and

(b) the Registrar is or (as the case may be) the MPTS are 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 or (as the case may be) the MPTS may, if he or they think fit, by authorisation in writing extend the time within which an appeal under section 40 of this Act or paragraph 5A(5) or 5C(7) above ... may be brought against the decision.

Taking effect of directions for erasure, suspension or conditional registration and of variations of conditions of registration

10

(1) A direction for erasure, for suspension or for conditional registration given by a Medical Practitioners Tribunal under section 35D of this Act or a variation by a Medical Practitioners Tribunal under section 35D(12) ... shall take effect—

(a) where no appeal under section 40 is brought against the direction or variation within the time specified in that section, 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 or variation is extended by an authorisation under paragraph 9 above—

(a) sub-paragraph (1) shall apply to the direction as if the reference in paragraph (a) to the time specified in section 40 of this Act were a reference to that time as so extended; and

(b) if the authorisation is given after the expiration of the time specified in section 40 of this Act, the direction or variation 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.

(3) Any reference in this paragraph to a direction for suspension or for conditional registration includes a reference to a direction extending a period of suspension or conditional registration.

11

(1) If, while a person’s registration is suspended under section 35D of this Act or under paragraph 5A(3D) or 5C(4) above..., a direction is given under subsection (5)(a), (b) or (c) or (8)(a) or (c) of section 35D, 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—

(a) the direction takes effect in accordance with paragraph 10, 10A or 10B above,

(b) where on an appeal under this Act against the direction the MPTS arrange for the matter to be disposed of by a Medical Practitioners Tribunal, the Tribunal dispose of the matter and their decision on doing so takes effect, or

(c) an appeal under this Act against the direction is determined (otherwise than by the dismissal of the appeal or by the disposal of the matter by a Medical Practitioners Tribunal).

(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 of this Act or under paragraph 5A(3D) or 5C(4) above..., a direction is given under subsection (10) or (12) of section 35D 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—

(a) the direction takes effect in accordance with paragraph 10, 10A or 10B above,

(b) where on an appeal under this Act against the direction the MPTS arrange for the matter to be disposed of by a Medical Practitioners Tribunal, the Tribunal dispose of the matter and their decision on doing so takes effect, or

(c) an appeal under this Act against the direction is determined (otherwise than by the dismissal of the appeal or by the disposal of the matter by a Medical Practitioners Tribunal).

(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.

(5) A reference in this paragraph to an appeal under this Act does not include a reference to an appeal under section 40A.

Recording of directions for suspension or conditional registration

12

Where a direction under section 35D of this Act or under paragraph 5A(3D) or 5C(4) 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”

13

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

SCHEDULE 5

Dentists Act 1957

1

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

Mental Health Act 1959

2

In the definition of “medical practitioner” in section 147(1) of the Mental Health Act 1959 for the words “the Medical Act 1956” there shall be substituted the words “ Schedule 1 to the Interpretation Act 1978 ”.

Mental Health (Scotland) Act 1960

3

In the definition of “medical practitioner” in section 111(1) of the Mental Health (Scotland) Act 1960 for the words “the Medical Act 1956” there shall be substituted the words “ Schedule 1 to the Interpretation Act 1978 ”.

Mental Health Act (Northern Ireland) 1961

4

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

Medicines Act 1968

5

In section 132(1) of the Medicines Act 1968 for the definition of “doctor” there shall be substituted—

“doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

Mines Act (Northern Ireland) 1969

6

In section 158(1) of the Mines Act (Northern Ireland) 1969, in the definition of “doctor” for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Nurses and Midwives Act (Northern Ireland) 1970

7

In section 54(1) of the Nurses and Midwives Act (Northern Ireland) 1970, in the definition of “doctor” for the words “the Medical Acts 1956 to 1969” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971

8

In section 20 of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971, in the definition of “fully registered person” for the words “section 54(1) of the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Misuse of Drugs Act 1971

9

In section 37(1) of the Misuse of Drugs Act 1971 for the definition of “doctor” there shall be substituted—

“doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

10

In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972, in the definition of “medical practitioner” for the words “the Medical Acts 1956 to 1969” there shall be substituted the words “ the Medical Act 1983 ”.

Finance Act 1972

11

In the Finance Act 1972—

(a) in Schedule 4 in Note (2)(a) to Group 14 and in Schedule 5 in Note (2) to Group 7 for the words “paragraph (3) of Article 7 of the Medical Qualifications (EEC Recognition) Order 1977” and “that Article” there shall be substituted respectively the words “ subsection (3) of section 18 of the Medical Act 1983 ” and “ that section ”; and

(b) Note (2)(b) to the said Group 14 and Note (4) to the said Group 7 shall cease to have effect.

Poisons Act 1972

12

In section 11(2) of the Poisons Act 1972 for the definition of “doctor” there shall be substituted—

“doctor” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

Births and Deaths Registration (Northern Ireland) Order 1976

13

In Article 2(2) of the Births and Deaths Registration (Northern Ireland) Order 1976, in the definition of “registered medical practitioner” for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Pharmacy (Northern Ireland) Order 1976

14

In Article 23 of the Pharmacy (Northern Ireland) Order 1976 for the words “the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

Poisons (Northern Ireland) Order 1976

15

In Article 2(2) of the Poisons (Northern Ireland) Order 1976, in the definition of “fully registered person” for the words “section 54(1) of the Medical Act 1956” there shall be substituted the words “ section 55 of the Medical Act 1983 ”.

National Health Service Act 1977

16

In the National Health Service Act 1977—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

National Health Service (Scotland) Act 1978

17

In the National Health Service (Scotland) Act 1978—

(a) in section 19(7) for the words “section 8(1) or (2) of the Medical Act 1978”, “section 9(1)” and “section 13(3)(b)” there shall be substituted respectively the words “ section 37(1) or (2) of the Medical Act 1983 ”, “ section 38(1) ” and “ section 42(3)(b) ”; and

(b) in section 108(1) for the definition of “medical practitioner” there shall be substituted—

“medical practitioner” means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978

Interpretation Act 1978

18

In Schedule 1 to the Interpretation Act 1978, in the definition of “registered medical practitioner”, for the words “the Medical Act 1956” there shall be substituted the words “ the Medical Act 1983 ”.

Dentists Act 1983

19

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

SCHEDULE 6

1

Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.

2

Where, apart from this paragraph, anything done under or for the purposes of any enactment which is repealed by this Act would cease to have effect by virtue of that repeal it shall have effect as if it had been done under or for the purposes of the corresponding provision of this Act.

3

Notwithstanding the repeal by this Act of section 57(3) of the 1956 Act, anything continued in force by that section shall continue in force following that repeal and so far as it could have been made, given or done under this Act shall have effect as if it had been so made, given or done.

4

The repeal of section 4 of the 1978 Act by this Act shall not affect the operation of Article 3 of the Irish Republic (Termination of 1927 Agreement) Order 1979 but after the commencement of this Act, except where the context otherwise requires, the references in that Article to provisions of the 1956 Act shall have effect as references to the corresponding provisions of this Act.

5

Nothing in the repeals made by this Act shall affect any registration or entry or note in a register which has effect by virtue of any enactment repealed by this Act.

6

References in any enactment, instrument or other document passed or made before 23rd February 1951 to the General Council of Medical Education and Registration of the United Kingdom shall be construed as references to the General Council.

7

References (however worded) to the general register kept for the purposes of the 1956 Act in any Act or instrument passed or made before 26th January 1979 shall be construed as references to the register of medical practitioners.

8

The reference in section 31(8) of this Act to a person whose name has been erased from the register by virtue of section 30(5) of this Act shall include references to a person whose name has been erased from the register by virtue of section 3(5) of the Medical Act 1969, or section 41(7) of the 1956 Act or the corresponding enactment repealed by that Act.

9

A person who immediately before the commencement of section 11 of the Medical Act 1969 held an additional qualification within the meaning of section 8 of the 1956 Act as originally enacted shall, if registered under section 3 of this Act or on becoming so registered, be entitled to have the qualification registered; and if he is not registered under section 3 of this Act that qualification shall confer on him the same right to registration under that section as a primary United Kingdom qualification.

10

Any reference to infamous conduct in any professional respect in any enactment passed, or in any instrument made, before 1st April 1970 shall, in so far as it relates to the conduct of medical practitioners, be construed as, or as including, a reference to serious professional misconduct.

11

(1) In any enactment passed before 1st January 1979 the expression “legally qualified medical practitioner”, or “duly qualified medical practitioner”, or any expression importing a person recognised by law as a medical practitioner or member of the medical profession, shall, unless the contrary intention appears, be construed to mean a registered medical practitioner who holds a licence to practise.

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

12

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

13

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

14

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

15

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

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

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

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

16

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

17

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

18

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

19

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

20

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

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

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

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

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

21

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

22

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

23

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

24

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

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

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

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

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

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

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

SCHEDULE 7

Part I — Enactments Repealed

Part II — Revocation

The General Medical Council.

Interim Orders

15A

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

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

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

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

(3) Any person who—

(a) is not a national of a relevant European State; but

(b) is, by virtue of any enforceable EU right, entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

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

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

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

Restoration of names to the register.

21A

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

PART IIIA — LICENCE TO PRACTISE AND REVALIDATION

Duty of General Council to make regulations

Indemnity arrangements

29A

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

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

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

(4) Those matters are—

(a) grant of a licence to practise;

(b) refusal of a licence to practise;

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

(5) In this Part—

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

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

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

Grant, refusal and withdrawal of licence

29B

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

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

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

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

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

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

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

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

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

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

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

(4) If a licensing authority decides—

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

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

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

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

(a) the decision;

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

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

29C

(1) Paragraph (2) applies if—

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

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

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

Restoration of licence

29D

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

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

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

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

(a) the decision;

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

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

Supplementary provisions

29E

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

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

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

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

(2) The purposes are those of—

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

(b) revalidation of the practitioner;

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

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

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

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

(b) any other person,

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

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

(a) revalidation; or

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

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

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

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

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

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

(9) In this section “enactment” includes—

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

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

...

29F

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

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

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

the practitioner may appeal to a Registration Appeals Panel.

(1A) If a licensing authority decides under—

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

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

the practitioner may appeal to a Registration Appeals Panel.

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

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

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

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

29G

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

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

(a) for the purposes of revalidation; or

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

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

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

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

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

(a) for the purposes of revalidation; and

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

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

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

29H

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

(a) section 29B or 29D above; or

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

(2) Any such notice may be so given—

(a) by delivering it to him;

(b) by leaving it at his proper address;

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

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

(a) his address in the register; or

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

(4) The conditions are that—

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

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

(5) For the purposes of this section—

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

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

29J

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

(a) his revalidation; or

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

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

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

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

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

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

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

(b) endorsed by the General Council.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

31A

(1) The General Council may make regulations—

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

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

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

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

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

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

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

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

(a) whether the assessment was carried out,

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

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

35A

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

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

(b) any other person,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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