The Medical Act 1983 (Amendment) Order 2002

Made: 17th December 2002

Coming into force in accordance with article 1(2) and (3)

At the Court at Buckingham Palace, the 17th day of December 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to the Health Act 1999 and the period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament in accordance with section 62(9) of that Act.

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4) of the Health Act 1999 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

PART I — General

Citation, commencement, extent and interpretation

1

• (1) This Order may be cited as the Medical Act 1983 (Amendment) Order 2002.

• (2) This article and—

• (a) article 2 in so far as it relates to the provisions commenced by sub-paragraphs (b) to (h) and (k) below;

• (b) article 3;

• (c) article 4, except in so far as it relates to the new paragraphs 1(3), 2(4)(c), 2(5)(b), 3(2)(b) and 4A of Schedule 1 to the Act;

• (d) article 6(2) to (10), and article 6(1) in so far as it relates to those provisions;

• (e) article 7(2)(a)(i) and (ii) and (2)(b), and article 7(1) in so far it relates to those provisions;

• (f) article 9(2), (3), (4)(a) to (c) and (5)(c);

• (g) article 10, in so far as it relates to section 29G(1)(a), (2) and (3);

• (h) article 15(1), (6)(a) and (b), (6)(c) in so far as it provides for the definition of “exempt person”, “professional performance” and “revalidation”, and (7);

• (i) article 16(3) to (5);

• (j) paragraph 11 of Schedule 1, and article 16(1) in so far as it relates to that paragraph; and

• (k) paragraphs 2, 3, 4, 34 and 35 of Schedule 2, and article 16(2) and paragraph 1 of that Schedule in so far as they relate to those paragraphs,

come into force forthwith upon the making of this Order; and the other provisions of this Order shall come into force on such days as the Secretary of State may specify.

• (3) Different days may be specified under paragraph (2) for different purposes and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.

• (4) Subject to paragraph (5), this Order shall extend to England and Wales, Scotland and Northern Ireland.

• (5) The extent of any amendment of any enactment or instrument in Schedule 1 is the same as that of the enactment or instrument amended.

• (6) In this Order, “the Act” means the Medical Act 1983 .

Amendment of the Act

2

The Act shall be amended in accordance with articles 3 to 15 of this Order.

PART II — The General Medical Council

Main objective of the General Council

3

In section 1 (the General Medical Council) after subsection (1) insert—

(1A) The main objective of the General Council in exercising their functions is to protect, promote and maintain the health and safety of the public.

Amendments of Schedule 1

4

• (1) Schedule 1 (the General Medical Council and its committees, and the branch councils) is amended as follows.

• (2) In paragraph 1 after sub-paragraph (2) insert—

(3) The General Council shall consist of no more than 35 members.

• (3) In paragraph 2—

• (a) after sub-paragraph (1) insert—

(1A) The provision that may be made by an electoral scheme includes provision for any of the constituencies listed in sub-paragraph (1)(a) to (d) above to be divided into two or more separate constituencies.

• (b) for sub-paragraph (4) substitute—

(4) The persons qualified to elect the elected members for any constituency shall be those who, on a date determined in accordance with the electoral scheme— (a) are resident in the constituency for which the election is held; (b) are fully registered, provisionally registered or registered with limited registration; and (c) are holders of licences to practise.

and

• (c) for sub-paragraph (5) substitute—

(5) A person shall not be qualified to be elected as an elected member unless he— (a) is fully registered, provisionally registered or registered with limited registration; and (b) holds a licence to practise. (5A) An electoral scheme shall make provision for the disclosure to those qualified to vote at an election of information (including information concerning fitness to practise) relating to a person seeking election.

• (4) In paragraph 3 for sub-paragraphs (1) and (2) substitute—

(1) Appointed members shall be chosen by such bodies as are designated for the time being as appointing bodies by an Order in Council under section 1 of this Act. (2) A person shall not be qualified to be chosen as an appointed member unless he— (a) is fully registered, provisionally registered or registered with limited registration; and (b) holds a licence to practise.

• (5) In paragraph 4 for sub-paragraph (3) substitute—

(3) A nominated member shall be a person who is neither fully registered nor a holder of any qualification registrable under this Act.

• (6) After paragraph 4 insert—

(4A) (1) The General Council shall by rules make provision for the suspension or removal from office of a member by the General Council in such circumstances as may be specified in the rules. (2) Rules under sub-paragraph (1) above shall provide for an elected member or an appointed member to be removed from office if he ceases— (a) to be registered; or (b) to hold a licence to practise. (3) Standing orders of the General Council shall make provision for the procedure by which a member may be suspended or removed from office. (4) No rules under sub-paragraph (1) above shall come into force until approved by order of the Privy Council. (4B) (1) The General Council must establish and maintain a system for the declaration and registration of private interests of members of the Council. (2) The General Council must publish entries recorded in the register of members’ private interests.

• (7) For paragraph 7 substitute—

(7) (1) Notwithstanding paragraph 1(2) above, an Order in Council under section 1 of this Act— (a) may make provision permitting elections to fill casual vacancies among the elected members to be held together, but (b) may not permit a casual vacancy among the elected members to be left unfilled for a period exceeding six months, except in accordance with paragraph (c) below, and (c) may make provision that a casual vacancy among the elected members need not be filled if the unexpired term of the elected member giving rise to the vacancy is less than twelve months. (2) In sub-paragraph (1) above the “unexpired term” means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.

• (8) For paragraph 13 substitute—

(13) The quorum of the General Council shall be prescribed by Her Majesty by Order in Council made under section 1 of this Act.

PART III — Committees of the council

Committees

5

• (1) The Interim Orders Committee, the Preliminary Proceedings Committee, the Professional Conduct Committee, the Assessment Referral Committee, the Committee on Professional Performance and the Health Committee are abolished.

• (2) In section 1 (the General Medical Council) for subsection (3) substitute—

(3) The General Council shall have the following committees— (a) the Education Committee, (b) one or more Interim Orders Panels, (c) one or more Registration Decisions Panels, (d) one or more Registration Appeals Panels, (e) the Investigation Committee, (f) one or more Fitness to Practise Panels, constituted in accordance with Part III of Schedule 1 to this Act and having the functions assigned to them by or under this Act. (3A) The committees of the General Council specified in paragraphs (a) to (f) of subsection (3) above are referred to in this Act as “the statutory committees”.

• (3) For paragraphs 19 to 24 of Schedule 1 substitute—

(19) Subject to the power of the Committee under paragraph 25 below to co-opt members, the composition of the Education Committee shall be such as the General Council think fit. (19A) Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, an Interim Orders Panel shall be constituted as provided by rules made under this paragraph by the General Council. (19B) Subject to the power of the Panel under paragraph 25 below to co-opt members, a Registration Decisions Panel shall be constituted as provided by rules made under this paragraph by the General Council. (19C) Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council. (19D) Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council. (19E) Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Fitness to Practise Panel shall be constituted as provided by rules made under this paragraph by the General Council. (23) Rules under paragraphs 19A, 19C and 19E above shall secure that— (a) only persons who are not members of the General Council shall be members of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel; (b) a person who sits as a member of an Interim Orders Panel or Fitness to Practise Panel that has made an interim order in proceedings on any case shall not sit as a member of a Fitness to Practise Panel in any subsequent proceedings in that case; and (c) a person who is a member of the Investigation Committee or a Registration Decisions Panel may not at the same time be a member of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel. (23B) Rules under paragraph 19A, 19B, 19C, 19D or 19E above may make provision as to quorum. (24) Rules under paragraph 19A, 19B, 19C, 19D or 19E above shall not come into force until approved by order of the Privy Council.

• (4) In paragraph 25—

• (a) in sub-paragraph (1) omit “out of their membership”;

• (b) after sub-paragraph (1) insert—

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

• (c) at the beginning of sub-paragraph (2) insert—

PART IV — Registration

Registration

6

• (1) Part III (registration of persons qualifying overseas) is amended as follows.

• (2) For section 19 (full registration of persons by virtue of recognised overseas qualifications) substitute—

(19) (1) Where an exempt person satisfies the Registrar— (a) that he holds an acceptable overseas qualification other than a primary European qualification; (b) that he has acquired experience in the practice of medicine, whether in the course of employment in the United Kingdom or in the course of employment outside the United Kingdom, which is not less extensive than that required for a certificate under section 10 above; and (c) that he is of good character, that 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 “exempt person” means a person who— (a) is a national of an EEA State other than the United Kingdom; (b) is a national of the United Kingdom who is exercising an enforceable Community right; or (c) is not a national of an EEA State, but is, by virtue of a right conferred by article 11 of Regulation (EEC) No 1612/68, or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State. (3) In determining an application by any person for registration under this section, the General Council shall take into account— (a) if the applicant holds a qualification granted outside the European Economic Area which has been accepted by another EEA State as qualifying him to practise as a medical practitioner in that State, the acceptance of the qualification; and (b) all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application. (4) Subsection (4) of section 10 above shall apply to a person prevented from embarking on, or completing, a period of experience required for the purposes of this section as it applies to a person prevented from embarking on, or completing, a period of experience required for the purposes of that section.

• (3) Omit section 20(experience required for full registration by virtue of recognised overseas qualifications).

• (4) In section 21 (provisional registration)—

• (a) in subsection (1) for “section 20(2)(a)” substitute “ section 19(1)(b) ”;

• (b) in subsection (2) omit “, (b)”; and

• (c) for subsection (2A) substitute—

(2A) Subsection (3) of section 19 above applies in relation to an application for registration under this section as it applies in relation to an application for registration under that section.

• (5) After section 21 insert—

(21A) (1) Where a person satisfies the Registrar— (a) that he holds an acceptable overseas qualification other than a primary European qualification; (b) that he is an eligible specialist or a qualified general practitioner; (c) that he is of good character; and (d) that he has the necessary knowledge of English or is an exempt person, that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner. (2) In subsection (1)(b) above— - “eligible specialist” means a person— 1. who— 1. has specialist medical qualifications awarded outside the United Kingdom in a medical specialty in which the United Kingdom awards a CCST, and 2. has satisfied the competent authority that those qualifications are equivalent to a CCST; or 2. who— 1. has specialist medical qualifications awarded outside the United Kingdom in a specialty in which the United Kingdom does not award a CCST, or 2. has knowledge of or experience in any medical specialty derived from academic or research work, - “qualified general practitioner” means a person who has been awarded a Certificate of Equivalent Experience by the Joint Committee on Postgraduate Training for General Practice. (3) In this section— - “CCST” means a Certificate of Completion of Specialist Training; and - “competent authority” means the competent authority for the purpose of article 9(2) and (3) of the European Specialist Medical Qualifications Order 1995.

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In section 26 (registration of qualifications)—

• (a) in subsection (1)—

• (i) for “19 or 21” substitute “ 19, 21 or 21A ”,

• (ii) for “recognised overseas qualification or qualifications” substitute “ acceptable overseas qualification ”,

• (iii) omit paragraph (a), and

• (iv) in paragraph (b) for the words from “subject to” to “(other than a recognised overseas qualification)” substitute “ subject to subsection (3) below, any overseas qualification ”.

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

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

• (11) Omit sections 28(the Review Board for Overseas Qualified Practitioners) and 29 (functions of the Review Board).

The Register and proof of registration

7

• (1) Part IV (general provisions concerning registration) is amended as follows.

• (2) In section 30 (the registers)—

• (a) in subsection (1)—

• (i) for “contain” substitute “ include ”,

• (ii) in paragraph (a) from “section 19 or 21” to the end of that paragraph substitute “ section 19, 21, 21A or 25 above; ”, and

• (iii) omit paragraph (b); and

• (b) in each of subsections (2) and (3) for “contain” substitute “ include ”.

• (3) In section 31 (power to make regulations with respect to the registers)—

• (a) omit subsections (5) to (7);

• (b) in subsection (8)omit “subsection (6) above or”;

• (c) in subsection (9) omit from “but nothing” to the end of that subsection; and

• (d) in subsection (10) omit “(5), (6),”.

• (4) For section 34 (the Medical Register and Overseas Medical Register) substitute—

(34) (1) The Registrar shall cause to be published from time to time (electronically or otherwise) a list of all persons who, on a date specified by him at the time of publication, appear in— (a) the register of medical practitioners; or (b) the register of medical practitioners with limited registration. (2) The list published in accordance with subsection (1) above shall include in respect of each practitioner— (a) information about his registered qualifications; (b) a statement about whether or not he holds a licence to practise; and (c) such other particulars (if any) as the General Council may direct in relation to that list.

• (5) After section 34 insert—

(34A) (1) The Registrar may issue a certificate that a person— (a) is registered; (b) is not registered; (c) was registered at a specified date or during a specified period; (d) was not registered at a specified date or during a specified period; (e) has never been registered; (f) holds a licence to practise; (g) does not hold a licence to practise; (h) held a licence to practise at a specified date or during a specified period; (i) did not hold a licence to practise at a specified date or during a specified period; or (j) has never held a licence to practise. (2) A certificate issued under subsection (1) above shall be evidence (and in Scotland sufficient evidence) of the matters certified.

Registration appeals

8

• (1) After section 34A insert—

(34B) Schedule 3A to this Act (which makes provision about appeals against registration decisions) shall have effect.

• (2) After Schedule 3 insert—

SCHEDULE 3A (1) In this Schedule— - “appealable registration decision” shall be construed in accordance with paragraph 2 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) below applies; - “person making the decision” means— 1. 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; 2. in relation to a decision under section 18, 44 or 44A of this Act, the Registrar; and 3. in any other case, the General Council; and - “the requisite period” has the meaning given 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); (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) a decision that a person shall not, or shall no longer, be registered under section 18 of this Act (visiting EEC practitioners); (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.); (g) a decision not to direct that a person shall be registered provisionally under section 21(2) of this Act (provisional registration); (h) a decision not to direct that a person shall be registered under section 21A(1) of this Act (full registration for eligible specialists and qualified general practitioners) as a fully registered medical practitioner; (i) a decision under section 22 of this Act (limited registration of persons by virtue of overseas qualifications)— (i) not to direct that a person shall be registered, or registered for a further period, as a medical practitioner with limited registration, or (ii) defining the limits of a person’s registration; (j) a decision under section 24(2) of this Act giving a direction for erasure; (k) a decision not to direct under section 25 of this Act (full registration of persons with limited registration) that a person be registered as a fully registered medical practitioner; (l) a decision not to register a qualification under section 26(1) or (2) of this Act (registration of qualifications); (m) a decision under section 27 of this Act (temporary full registration for visiting overseas specialists)— (i) not to direct that a person be registered temporarily as a fully registered medical practitioner, or (ii) giving a direction that such registration shall be for a period of less than twelve months; (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) or (7), not to register a person, or (ii) under subsection (3), to remove a person’s name from the register; (o) a decision under section 44A of this Act (effect of disqualification or conviction on registration)— (i) under subsection (1), not to register a person, or (ii) under subsection (2), to remove a person’s name from the register. (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 (c) produce a certificate obtained under section 10 of this Act. (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 (c) the person’s right to appeal under paragraph 4 below. (2) Failure to notify an applicant of a decision made in respect of an application for registration under section 3, 19, 21A or 22 of this Act within the requisite period shall be treated as a decision from which the applicant may appeal under paragraph 4 below. (4) This sub-paragraph is subject to any extension of time under paragraph 7 below. (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. (4) In the case of an appeal by virtue of paragraph 3(2) 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) Paragraphs 2 and 7 of Schedule 4 to this Act shall apply in relation to proceedings under this Schedule before a Registration Appeals Panel as they apply to proceedings before a Fitness to Practise Panel. (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; (c) by sending it by a registered post service; or (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.

Further and supplementary

9

• (1) In section 2(2) (registration of medical practitioners)—

• (a) for “four lists” substitute “ three lists ”; and

• (b) omit paragraph (b).

• (2) In section 16(1)(c)(registration of qualifications) omit “recognised overseas qualification or other”.

• (3) In paragraph 11 of Part II of Schedule 1 (incidental powers and duties and proceedings of the General Medical Council) for “section 19, 21 or 22” substitute “ section 21A or 22 ”.

• (4) In Schedule 3 (registration: supplementary provisions) in paragraph 2 (to which registrar application to be made)—

• (a) in sub-paragraph (1)(a) for “paragraph (a) of section 3” substitute “ section 3(1)(a) ”;

• (b) in sub-paragraph (1)(b) for “section 3(b)” substitute “ section 3(1)(b) ”;

• (c) in sub-paragraph (2)(a) for “paragraph (b) of section 3” substitute “ section 3(1)(b) ”; and

• (d) omit paragraph (b) of sub-paragraph (2).

• (5) In paragraph 5 of that Schedule (issue of certificates of registration)—

• (a) in sub-paragraph (1)(b), omit the words from “in the case of” to “such a national),”;

• (b) in sub-paragraph (1A)—

• (i) for “In sub-paragraph (1) above” substitute “ In this paragraph ”, and

• (ii) for sub-paragraph (b) substitute—

(b) in a case to which Directive 93/16/EEC applies, such longer period as is permitted by article 15 of that Directive.

; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) after sub-paragraph (4) insert—

(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.

PART V — LICENCE TO PRACTISE AND REVALIDATION

Insertion of Part IIIA

10

After Part III (registration of persons qualifying overseas) insert—

(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; (c) withdrawal of a licence to practise; and (d) revalidation of a medical practitioner of a prescribed description as a condition of his continuing to hold a licence to practise. (5) In this Part— - “licensing authority” means— 1. the Registrar; 2. a Registration Decisions Panel; 3. such other committee of the General Council as may be prescribed; or 4. such 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. (29B) (1) Regulations under section 29A above shall provide for a licence to practise to be granted to a medical practitioner— (a) on first registration under this Act as a medical practitioner with either full registration or limited registration; (b) on being provisionally registered under this Act; and (c) in such other cases or circumstances as may be prescribed. (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; (c) where the medical practitioner requests that the licence to practise be withdrawn; and (d) in such other cases or circumstances as may be prescribed. (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 (c) the practitioner’s right of appeal under section 29F below. (6) Section 29H below applies in relation to a notice under subsection (4) above. (29C) (1) Regulations under section 29A above shall provide that where, in the course of revalidation, it appears to a licensing authority that the fitness to practise of the medical practitioner concerned may be impaired, the authority may refer the matter to the Investigation Committee. (2) If a matter is referred to the Investigation Committee in accordance with subsection (1) above, the licensing authority shall take no further action until the matter has been considered— (a) by the Investigation Committee; or (b) if it is referred by that Committee to a Fitness to Practise Panel, by such a Panel, and has been referred back to the authority. (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. (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 (c) the practitioner’s right of appeal under section 29F below. (4) Section 29H below applies in relation to a notice under subsection (3) above. (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 (c) to refuse to restore a licence to practise to a medical practitioner, 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; (c) determining whether to withdraw a licence to practise from the practitioner; and (d) determining whether to restore a licence to practise to the practitioner. (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. (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) above whether a disclosure is not prohibited, by reason of being a disclosure of personal data which is exempt from the non-disclosure provisions of the Data Protection Act 1998 by virtue of section 35(1) of that Act, it shall be assumed that the disclosure is required by or under 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 (c) to refuse to restore a licence to practise to 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) 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— (a) for the purposes of revalidation; or (b) for securing restoration of a licence to practise. (2) In preparing any such guidance 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 the health service, the Scottish health service or the Northern Ireland health service. (3) In subsection (2) above— - “the health service” means the health service established in pursuance of the National Health Service Act 1946; - “the Northern Ireland health service” means any service provided in pursuance of Article 4(a) of the Health and Personal Social Services (Northern Ireland) Order 1972; and - “the Scottish health service” means the health service established in pursuance of the National Health Service (Scotland) Act 1947. (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; (c) by sending it by a registered post service; or (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 may be recovered by the General Council and, in England and Wales or Northern Ireland, shall be recoverable summarily as a civil debt. (3) Regulations under section 29A above may make different provision for different purposes, cases or circumstances. (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.

Insertion of new Schedule 3B

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After Schedule 3A insert—

SCHEDULE 3B (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 if the medical practitioner to whom the proceedings relate so requests, 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 Solicitor to 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 a Fitness to Practise Panel. (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 (c) that a licence to practise should be restored to the medical practitioner. (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 (c) to restore the licence. (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 (c) that a licence to practise should not be restored to the medical practitioner. (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 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.

Supplementary

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• (1) For section 30(3) (the registers) substitute—

(3) Each register shall also include, in respect of each of the persons entered in it, a statement of the following— (a) the person’s address; (b) the person’s date of registration; (c) whether the person holds a licence to practise or not; (d) any qualifications which the person is entitled to have registered under section 16 or 26 above; and (e) any other particulars prescribed in the case of a person entered in that register.

• (2) In section 31(9) (power to make regulations with respect to the registers) for paragraph (b) substitute—

(b) for securing that, in such circumstances as may be prescribed, such a person’s name is not so restored unless— (i) 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, (ii) the practitioner’s licence to practise is restored in accordance with the regulations, or (iii) both (i) and (ii) are met.

• (3) In section 31A (voluntary removal from the register), after subsection (1) insert—

(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 the register 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 (c) both (a) and (b) are met. (1B) In subsection (1A) above, “prescribed” means prescribed under regulations made under subsection (1) above.

• (4) In section 46 (recovery of fees), in subsections (1) and (3) after the words “fully registered” insert in both places “ and holds a licence to practise ”.

• (5) In section 47 (appointments not to be held except by fully registered practitioners)—

• (a) in subsection (1) for the words from the beginning to “medical officer” substitute—

• (6) In section 48 (certificates invalid if not signed by fully registered practitioner)—

• (a) at the end add “ and holds a licence to practise ”; and

• (b) in consequence of that amendment, the sidenote to the section becomes “Certificates invalid if not signed by fully registered medical practitioners who hold licences to practise”.

• (7) After section 49 insert—

(49A) (1) If a person who does not hold a licence to practise— (a) holds himself out as having such a licence; or (b) engages in conduct calculated to suggest that he has such a licence, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. (2) Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit. (3) Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (2) above shall be paid to the Treasurer of the General Council.

• (8) In paragraphs 11(1) and (2) of Schedule 6 (transitional and saving provisions) for “fully registered person” substitute “ registered medical practitioner ”.

PART VI — Fitness to Practise

Substitution of Part V

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For Part V (professional conduct and fitness to practise) substitute—