Medical Act 1983

Subject to the provisions of this Act any person whose fitness to practise is not impaired and who— is entitled to be registered under this section as a fully registered medical practitioner.

Any person who— shall be treated for the purposes of subsection (1)(b) above as if he were such a national.

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Subject to the provisions of this Part of this Act, a qualifying examination for the purposes of this Part of this Act is an examination held for the purpose of granting one or more primary United Kingdom qualifications by any one of the bodies or combinations of bodies in the United Kingdom which are included in a list maintained by the General Council of the bodies and combinations of bodies entitled to hold such examinations.

The bodies and combinations of bodies entitled to hold qualifying examinations are—

The General Council may from time to time amend the list.

In this Act “primary United Kingdom qualification” means any of the following qualifications, namely—

The list maintained under subsection (1) shall be published in such manner as the General Council see fit.

Any two or more of the bodies and combinations of bodies included in the list maintained under subsection (1) may, with the approval and under the directions of the General Council, unite or co-operate in conducting examinations held for the purpose of granting primary United Kingdom qualifications.

The General Council shall only include in the list maintained under subsection (1) bodies or combinations of bodies that require from candidates at examinations a standard of proficiency that conforms to the prescribed standard of proficiency.

If the General Council have formed the provisional opinion that a body or combination of bodies included in the list maintained under subsection (1) should be removed from the list, they shall notify that opinion in writing to the body or combination of bodies concerned and shall allow them a reasonable opportunity to respond before determining whether or not to remove the body or combination of bodies from the list.

If a body or combination of bodies is removed from the list maintained under subsection (1), primary United Kingdom qualifications granted by that body or combination of bodies during the period in respect of which it was on the list are still to be considered primary United Kingdom qualifications after that removal.

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The General Council shall have the general function of promoting high standards of medical education and co-ordinating all stages of medical education.

For the purpose of discharging that function the General Council shall—

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

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In this Act—

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Such determinations—

A body or combination of bodies in the United Kingdom granting any primary United Kingdom qualification or any additional qualification for the time being registrable under section 16 below shall from time to time, when so required by the General Council, furnish the General Council with such information as the General Council may require as to—

For the purpose of securing the maintenance of the prescribed standard of proficiency the General Council may appoint such number of inspectors as they may determine, and the inspectors shall attend, as the General Council may direct, all or any of the qualifying examinations held by any body or combination of bodies included in the list maintained under section 4(1).

Any person deputed for the purpose by the General Council may attend and be present at any examination held in the United Kingdom which has to be gone through in order to obtain a primary United Kingdom qualification or any additional qualification for the time being registrable under section 16 below.

Inspectors appointed under subsection (2) above shall not interfere with the conduct of any examination, but it shall be their duty to report to the General Council their opinion as to the sufficiency of every examination which they attend, and any other matters relating to such examinations which the General Council may require them to report.

The General Council shall forward a copy of every report of the inspectors to the body or each of the bodies who held the examination to which the report relates....

The General Council may appoint persons to visit... places where instruction is given to medical students under the direction of any body or combination of bodies included in the list maintained under section 4(1).

It shall be the duty of visitors appointed under subsection (1) above to report to the General Council as to the sufficiency of the instruction given in the places which they visit and as to any other matters relating to the instruction which may be specified by the General Council either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.

On the receipt of any report of a visitor under subsection (2) above the General Council shall send a copy of the report to the body or combination of bodies under whose direction the instruction is given, and on the receipt of the copy that body or combination of bodies may, within such period of not less than one month as the General Council may have specified at the time they sent the copy of the report, make to the General Council observations on the report or objections to it.

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If it appears to the Education Committee that the standard of proficiency required from candidates at examinations held or to be held by any university or combination of universities in the United Kingdom for the purpose of granting one or more primary United Kingdom qualifications does or will conform to the prescribed standard of proficiency, the Committee may represent to the Privy Council that it is expedient that those examinations should become qualifying examinations for the purposes of this Part of this Act.

Her Majesty may by Order in Council give effect to any representations made to the Privy Council under subsection (1) above, and any such Order may make such amendments in section 4(2) above as are necessary for giving effect to the Order.

If at any time it appears to the Education Committee that the course of study and examinations to be gone through in order to obtain a primary United Kingdom qualification are not such as to equip persons going through the course and examinations with the prescribed knowledge and skill, the Committee may make representations to that effect to the Privy Council.

On any representations under subsection (1) above the Privy Council may, if they see fit, order that a qualification granted, after such time as may be specified in the order, in pursuance of the course of study and examinations to which the order relates shall not be a qualification registrable under section 16 below.

Where an order is made under subsection (2) above, no person shall be entitled to be registered under this Part of this Act by virtue of any qualification specified in the order and granted after such time as may be so specified.

If at any time it appears to the Education Committee that the standard of proficiency required from candidates at any qualifying examination does not conform to the prescribed standard of proficiency, the Committee shall make representations to that effect to the Privy Council.

Where representations are made under subsection (4) above the Privy Council, if they think fit, after considering the representations and any objections to them made by any university or other body to which they relate, may by order declare that the examinations held by that university or body shall be deemed not to be qualifying examinations for the purposes of this Part of this Act,

A qualification granted on the passing of an examination to which an order under subsection (5) above relates, and granted while the order is in force, shall not entitle the holder of the qualification to be registered under this Part of this Act.

An order under this section— but the revocation of an order made under subsection (2) above shall not entitle any person to be registered by virtue of a qualification granted before the revocation.

The following are the requirements as to experience mentioned in section 3(a) above.

A person must, after passing a qualifying examination, have been engaged for the prescribed period in employment in a resident medical capacity in one or more approved hospitals or approved institutions and have obtained a certificate under this section.

A person who has been employed as mentioned in subsection (2) above may apply to his examining body for a certificate under this section, and if that body are satisfied— they shall grant him a certificate in the prescribed form that they are so satisfied.

Where, on an application in that behalf, a person satisfies the General Council that by reason of lasting physical disability he will be or has been prevented from embarking on, or completing, any period of experience of the practice of a branch of medicine prescribed for the purposes of this section the Council may if they think fit direct that the applicant may for the purposes of this section count in lieu thereof experience of the practice of some other prescribed branch of medicine (whether or not one in the practice of which he has already had experience for those purposes) acquired in the same manner and for the same period, or, as the case may be, for so much of that period as will have remained uncompleted.

Where the General Council give a direction under subsection (4) above as respects any person they shall give notice of the direction to his examining body.

Subsections (2) to (4) below shall have effect for the construction of section 10 above and the following provisions of this Part of this Act.

References to a person's examining body shall be construed as follows—

References to employment in a resident medical capacity shall be construed as references to employment in the practice of any branch of medicine prescribed for the purposes of section 10 above where the person employed is resident in the hospital or institution where he is employed or conveniently near to it and is by the terms of his employment required to be so resident.

In the provisions mentioned in subsection (1) above—

Regulations of the Education Committee under subsection (2) of section 10 above shall not have effect until approved by order of the Privy Council.

The Privy Council may approve regulations of the Education Committee made under subsection (2) of section 10 above either as submitted to them or with such modifications as appear to them requisite; but where the Privy Council propose to approve any regulations under that subsection subject to modifications they shall notify to the Education Committee the modifications they propose to make and consider any observations of the Committee on the proposed modifications.

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

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

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

Such determinations—

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

If the General Council have formed the provisional opinion—

For the purposes of sections 10 and 11 above, " institution " includes a health centre if, and only if, it is a centre provided under sections 2 and 3 of the National Health Service Act 1977, section 36 of the National Health Service (Scotland) Act 1978, or Article 5 of the Health and Personal Social Services (Northern Ireland) Order 1972.

Employment in such a centre shall not be treated as employment for the purposes of sections 10 and 11 above unless it is either—

The Education Committee may by regulations provide that the period of employment in a health centre which may be reckoned towards the completion of any of the periods mentioned in section 10(3)(a) above shall not exceed such period as may be specified in the regulations.

This section applies for the purposes of determining whether a person who— has satisfactorily completed an acceptable programme for doctors who are provisionally registered.

If such a programme includes a requirement to carry out a professional traineeship of a particular standard, a professional traineeship of an equivalent standard that has been carried out in a relevant European State ... is treated as meeting that requirement.

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Any person who— must be treated for the purposes of subsection (A1) as if the person were such a national.

The Education Committee may, if they think fit, appoint persons to visit any approved hospital or approved institution.

It shall be the duty of visitors appointed under subsection (1) above to report to the Education Committee on the extent to which the general clinical training given by employment in a resident medical capacity in the hospital or institution is such as to provide the experience required by one or more prescribed patterns of experience.

If the Education Committee are of the opinion that— then the Committee shall notify their opinion to the university or body concerned and that university or body shall have regard to that opinion in discharging their functions under sections 10 and 11 above.

On an application made to them by a person to whom this section applies, the General Council may direct that, as an alternative to the satisfactory completion of an acceptable programme for provisionally registered doctors, it shall be sufficient for the applicant to satisfy the General Council that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors.

This section applies to any person who claims registration under section 3 above and—

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Subsection (5) applies if—

The General Council must take the professional traineeship into account in exercising its functions under subsection (1).

The General Council must publish guidelines on the organisation and recognition of professional traineeships carried out in third countries (including, in particular, guidelines on the role of the supervisor of the professional traineeship).

Any person who— must be treated for the purposes of subsections (4) and (5) as if the person were such a national.

This section shall have effect for enabling persons wishing to obtain certificates under section 10 above to be employed as mentioned in subsection (2) of that section.

This section shall have effect for enabling persons wishing to complete an acceptable programme for provisionally registered doctors to participate in such a programme.

A person who, apart from any requirement as to experience, would by virtue of any qualification or qualifications held by him be entitled to be registered under section 3 above shall be entitled to be registered provisionally under this section.

A person shall be entitled to be registered provisionally under this section if—

A person provisionally registered under this section shall be deemed to be registered under section 3 above as a fully registered medical practitioner so far as is necessary to enable him to be engaged in employment in a resident medical capacity in one or more approved hospitals or approved institutions but not further.

A person provisionally registered under this section shall be deemed to be registered under section 3 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

A person registered under section 3, 14A, 15 or 15A above or 18A below shall be entitled to have registered any primary United Kingdom qualification or qualifications or primary European qualification or qualifications which he holds when he is so registered and also—

In this Act “additional qualification” means any qualification granted in a relevant European State other than ... a qualification specified in Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training).

If the General Council determine that any such qualification as is mentioned in paragraph (b) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

A primary European qualification for the purposes of this Part of this Act is any of the following obtained in a relevant European State ..., namely—

For compliance with this subsection in the case of any qualification, either—

For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate such as is described in—

For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of a competent authority of the relevant European State in which it was obtained to the effect that—

For compliance with this subsection in the case of any qualification—

For compliance with this subsection in the case of any qualification—

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In this section, “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.1 of the Directive.

If he complies with the requirements of this section it shall be lawful for a person who is a national of any member State of the Communities and lawfully established in medical practice in a member State of the Communities other than the United Kingdom on visiting the United Kingdom to render medical services there temporarily without first being registered under the foregoing provisions of this Part or under Part III of this Act.

Such a person intending so to render services shall provide the Registrar with— and for the purposes of this subsection " the competent authority or body " means the authority or body designated by the member State concerned as competent for the purposes of Article 16(3) of that Directive.

In an urgent case the declaration to be provided under paragraph (a) of subsection (2) above may be provided after the services have been rendered, but where it is so provided it shall be provided as soon as possible thereafter and in any event not more than 15 days after the date on which the practitioner first rendered such services.

Where a person complies with the requirements of subsection (2) above, the Registrar shall register him under this section in the register of medical practitioners as a visiting EEC practitioner for such period or periods as, having regard to the particulars given in the declaration referred to in subsection (2)(a) above, he considers appropriate.

Registration of a person as a visiting EEC practitioner shall cease if—

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.

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

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

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

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).

If the Secretary of State advises the Registrar that an emergency has occurred, is occurring or is about to occur and that action should be considered under this section, the Registrar may register under this section—

The Registrar may register under this section by virtue of subsection (1)(b) all of the persons comprising a specified group of persons without first identifying each person in the group.

The registration of a person under this section is subject to such conditions as the Registrar may specify, and the Registrar may at any time vary the conditions to which a person’s registration under this section is subject (including by adding to the conditions or revoking any conditions).

The registration of any person registered under this section by virtue of subsection (1)(b) as one of a specified group may be subject to the same conditions as the registration of other members of the group, or it may be subject to different conditions.

A person’s registration under this section shall cease to have effect if revoked by the Registrar, which—

The registration of a person registered under this section by virtue of subsection (1)(b) as one of a specified group may be revoked without revoking the registration of the other members of the group, or it may be revoked by virtue of a decision to revoke the registration of all the members of the group.

Part 5 of this Act, apart from sections 35, 35A(1) and (4) to (8) and 35B(2) and (3), shall not apply to persons registered under this section.

If a person breaches any condition to which the person’s registration under this section is subject, anything done by the person in breach of that condition is to be treated as not being done by a registered medical practitioner.

For the purposes of this section, “emergency” means an emergency of the type described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of “emergency”), read with subsection (2)(a) and (b) of that section.

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

Subsection (1) applies only in relation to an exempt person—

In this Act “exempt person” means—

Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.

In determining an application by any person for registration under this section, the General Council shall take into account—

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The following are the requirements as to experience mentioned in section 19(1) above.

The General Council must be satisfied that the person claiming registration—

Subsections (4) and (5) of the said section 10 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.

The following provisions shall have effect for enabling persons wishing to satisfy the Registrar of the matters specified in section 19(1)(b) above to participate in an acceptable programme for provisionally registered doctors.

Where a person— the person shall, if the Council think fit so to direct, be provisionally registered under this section.

A person provisionally registered under this section shall be deemed to be registered under section 19 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

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.

Subject to sections 23(5) and 24 below, where a person satisfies the Registrar— he shall, if the General Council think fit so to direct, be registered under this section as a medical practitioner with limited registration.

In this Act" limited registration " means registration under this section limited in accordance with subsection (5) below in respect of the period for which and the employment for the purposes of which it has effect

No person shall be registered under this section for a period, or for periods which amount in the aggregate to a period, exceeding five years; and in this Act the " permitted period ", in relation to an applicant for registration under this section, means—

In this Act an " acceptable overseas qualification " means any qualification granted outside the United Kingdom and for the time being accepted by the General Council for the purposes of this section as furnishing a sufficient guarantee of the possession of the knowledge and skill requisite for the practice of medicine under the supervision of a person who is registered as a fully registered medical practitioner.

The limits of a person's registration under this section shall be defined in the direction by virtue of which he is registered in accordance with the following provisions, that is to say— and, subject to subsection (6) below and to section 24(1) and (2) below, that person's registration shall have effect for the period and for the purposes of the particular employment or the descriptions of employment specified in the direction.

Where a direction specifies a particular employment as the employment for the purposes of which a person is registered under this section and that employment terminates before the end of the period specified in the direction by virtue of subsection (5) (a) above, the registration of the person under this section shall cease to have effect when that employment terminates.

A person registered under this section shall be treated as registered under section 19 above as a fully registered medical practitioner in relation to the following matters, namely— but in relation to other matters he shall be treated as not so registered.

A person registered under this section shall not, while engaged in the particular employment or in employment of a description for the purposes of which he is registered, work otherwise than under the supervision of a person who is registered as a fully registered medical practitioner.

An applicant for limited registration shall specify in his application the particular employment or the descriptions of employment for the purposes of which he wishes to be registered and shall give such other particulars as the General Council may require.

What knowledge and skill, and what experience, is necessary for practice as a medical practitioner registered under section 22 above shall be determined by the General Council in relation to each branch of medicine and to practice therein in the descriptions of employment for the purposes of which persons apply for registration under that section.

For the purpose of section 22(1)(e) above, the knowledge and skill, and the experience, which is appropriate in the case of an applicant for registration under that section means, subject to subsections (4) and (5) below, the knowledge and skill, or the experience, determined under this section which appears to the Registrar to be appropriate to the particular employment or the descriptions of employment for which the applicant desires to be registered.

The General Council may, in the case of any particular application for limited registration, give to the Registrar a direction determining what knowledge and skill, or what experience, determined by the Council under subsection (2) above for the purposes of section 22(1)(e) above is appropriate in the case of the applicant having regard to the particular employment or descriptions of employment for the purposes of which the applicant wishes to be registered or the Council considers they may grant limited registration.

The General Council may, in the case of any applicant or applicants of any description, give to the Registrar a direction exempting the applicant, or applicants of that description, from compliance with the requirements of section 22(1)(e) above as to knowledge and skill, or as to experience, or both.

The General Council may, on an application being made to them containing such particulars as they may require by a person who is registered with limited registration, direct that his name shall be erased from the register on his own application on such day as they may specify in the direction; but the fact that a person's name has been erased under this subsection shall be disregarded by the Council in deciding whether or not to grant limited registration for a further period to that person.

If it appears to the General Council, having regard to his performance in a relevant employment, that a person registered under section 22 above does not in fact possess the appropriate knowledge and skill, the Council may, subject to subsection (4) below, if they think fit, direct that his name shall be erased from the register.

In subsection (2) above, in relation to a person registered under section 22 above—

No person's name shall be erased from the register under subsection (2) above unless— and paragraph 8 of Schedule 4 to this Act shall apply to a notification required to be served by this subsection as it applies to the notifications required to be served by the provisions mentioned in that paragraph.

Subject to subsections (1A) and (1AA) where a person satisfies the Registrar— that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

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

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

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

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

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

In this section, “relevant European qualification” means—

The General Council—

The General Council may designate a specified state qualification for the purposes of subsection (3)(a) only where one or more of Conditions 1 to 3 are met.

The General Council may designate that a specified state qualification does not meet the standard in subsection (3)(b)(ii) or (c)(ii) only where one or more of Conditions 1 to 3 are met.

Condition 1 is met where there exists a substantial difference between the knowledge and skill evidenced by the specified state qualification and the prescribed knowledge and skill.

Condition 2 is met where the professional activities to which a primary UK qualification relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

Condition 3 is met where requiring a person who holds the specified state qualification to pass an aptitude test or successfully to complete an adaptation period, or to do both, would amount to requiring the person to acquire a primary United Kingdom qualification.

This section applies where a specified state professional applies to be registered under section 21B and the person’s specified state qualification is not an acceptable overseas qualification.

This section does not apply if the specified state qualification is not an acceptable overseas qualification because Condition 3 is met in relation to it (see section 21B(9)).

Where this section applies, the General Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

An aptitude test or adaptation period specified under this section, or an aptitude test and adaptation period together specified under this section, must be proportionate to the difference sought to be addressed.

The General Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.

If the General Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.

The General Council may require a specified state professional who wishes to be registered under section 21B to demonstrate that the person possesses the language skills necessary to the practice of a fully registered medical practitioner.

A language test required by the General Council under subsection (7) must be proportionate to the level of language skills referred to in that subsection.

A person registered under section 19, 19A, 21, 21B or 21C above shall be entitled to have registered the acceptable overseas qualification which he holds when he is so registered and also—

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If the General Council determine that any such qualification as is mentioned in paragraph (b) or (c) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

The following provisions shall have effect for enabling persons wishing to participate in programmes for provisionally registered doctors in order to be able to satisfy the Registrar, in accordance with section 21B(1)(b) or (1C)(c), that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

A person who satisfies the Registrar— may apply to the General Council to be provisionally registered under this section and, if the Council think fit so to direct, that person shall be so registered.

Subsection (2)(b) does not apply to a person who makes an application under this section on or after IP completion day and who—

Where an exempt person has made an application to the General Council, before IP completion day, to be provisionally registered under this section and satisfies the Registrar— the person shall, if the Council think fit so to direct, be provisionally registered under this section.

A person provisionally registered under this section shall be deemed to be registered under section 21B above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

A person who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services of a specialist nature may apply to the General Council to be registered temporarily as a fully registered medical practitioner and if the Council are satisfied— they may, if they think fit, direct that he shall be registered under this section as a fully registered medical practitioner for such period as they may specify in the direction.

No person shall be fully registered under this section for a period exceeding twelve months.

At the expiration of the period specified in a direction under subsection (1) above the registration of the person to whom the direction applies shall cease to have effect.

There shall continue to be a body known as the Review Board for Overseas Qualified Practitioners (in this Act referred to as the " Review Board ") constituted in accordance with the following provisions of this section and having the functions conferred on them by section 29 below.

The Review Board shall consist of—

There shall be paid to the members of the Review Board such fees and such travelling, subsistence or other allowances as the General Council may allow.

The General Council shall provide the Review Board with office accommodation and secretarial assistance for the discharge of their functions.

The General Council may by rules make provision with respect to the quorum and procedure of the Review Board.

No rules under this section shall come into force until approved by order of the Privy Council.

Any person in whose case a decision falling within subsection (2) below is made by the General Council may require the Registrar to state in writing the reasons for the decision and, subject to subsection (3) below, may apply to the Review Board for that decision to be reviewed by the Board.

The following are the decisions referred to in subsection (1) above, namely—

A person in whose case a decision falling within subsection (2) above is made shall not be entitled to apply to the Review Board for the decision to be reviewed where—

On completing a review under this section of any decision, the Review Board shall determine whether in their opinion the decision ought to stand and shall notify their opinion to the President of the General Council or to such other member of the Council as the Council may appoint to act for the purposes of this subsection; and the President or member so appointed may, if having regard to the Board's opinion he thinks fit, direct that the decision be reversed.

A person who is an eminent specialist in a particular branch of medicine and who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services within that branch of medicine may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

If the person referred to in subsection (1) satisfies the Registrar— that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to any conditions specified in the direction, for such period (being no more than 26 weeks) as they specify in the direction.

The General Council may, if they think fit so to direct, vary the conditions specified in the direction and, subject to subsection (4), may extend the period specified in the direction for which the person is registered under this section.

A person may not be registered under this section for more than 26 weeks in any period of five years.

A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

A person who is or intends to be in the United Kingdom temporarily for the purposes of providing particular medical services exclusively to persons who are not nationals of the United Kingdom may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

If the person referred to in paragraph (1) satisfies the Registrar— that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to the conditions specified in the direction, for such period as they specify in the direction.

The conditions that the General Council specifies in any direction under subsection (2) are to comprise or include—

The General Council may, if they think fit so to direct, vary the conditions in the direction (but not in such a way that the requirements of subsection (3) are no longer met) and may extend the period specified in the direction for which the person is registered under this section.

A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

The register of medical practitioners shall include—

In this Part, “the registers” means—

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

The register shall also include, in respect of each of the persons entered in it, a statement of the following—

It shall be the duty of the Registrar to keep the register, the General Practitioner Register and the Specialist Register correct in accordance with the provisions of this Act and regulations made by the General Council, to erase the names of persons who have died, or who have been provisionally registered for longer than the period prescribed in respect of them, and from time to time to make the necessary alterations in the addresses, qualifications and other registered particulars of registered persons.

The Registrar may, by letter addressed to any person registered in the register at his address on the register, inquire whether he has changed his address and, if no answer is received to the inquiry within six months from the posting of the letter, may erase from the register the entry relating to that person.

On registering the death of a person registered in the register, a registrar of births and deaths shall, without charge to the Registrar, send forthwith by post to the Registrar a copy certified under his hand of the entry in the register of deaths relating to the death.

In this section “prescribed” means prescribed by regulations made under section 31 below.

Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of ... the registers and the making of entries, alterations and corrections ... in them.

Regulations under this section may provide for ... the registers to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if ... the registers are not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

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Regulations under this section shall provide for the marking of the register of medical practitioners so as to distinguish those provisionally registered under section 15 or 15A above and those provisionally registered under section 21 or 21C above.

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Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for—

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Regulations under this section shall provide for the marking of the General Practitioner Register so as to distinguish between different categories of persons who are eligible to be registered in that register by virtue of section 34C(2)(b).

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Regulations under this section may make provision with respect to the restoration to ... the registers of the name of any person whose name has been erased from ... them by virtue of section 30(5) above or of any regulations made in pursuance of ... section 32(2) below.

Regulations under this section made by virtue of subsection (8) above may include provision— ...

Regulations made in pursuance of subsection (4A), (4B), (8) or (9) above shall not have effect until approved by order of the Privy Council.

In this section “prescribed” means prescribed by regulations under this section.

Notwithstanding any other provision of this Act, the Registrar is not under an obligation to make any entry in the register in respect of any person registered by virtue of section 18A(1)(b) until the Registrar has been able to ascertain the person’s name and address.

The Registrar may make available information identifying any group of persons registered by virtue of section 18A(1)(b) in such manner as the Registrar sees fit.

Subject to the provisions of this Act, the General Council may make regulations with respect to the charging of fees in connection with the making of entries in the register of medical practitioners, and in particular—

Regulations under this section may authorise the Registrar to erase from the register of medical practitioners the name of—

Any fee prescribed by the General Council under subsection (1) in connection with the making of an entry in the register relating to a specified state professional must be—

If a person whose name has been erased from the register in accordance with regulations made in pursuance of subsection (2) above at any time pays— his name shall be restored to the register.

Regulations under this section shall not provide for any fee to be chargeable in respect of anything done in pursuance of a direction under section 41 below.

No fee shall be charged in relation to registration in the emergency powers doctors list ... and accordingly this section shall not apply in relation thereto.

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Regulations under this section prescribing fees may provide for the charging of different fees in different cases and may provide that fees shall not be chargeable in cases prescribed by the regulations.

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For the avoidance of doubt it is hereby declared that in this section “entry” includes an entry by way of alteration of a previous entry.

The General Council may make regulations—

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—

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

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—

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

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 each of the registers.

The list published in accordance with subsection (1) above shall include in respect of each practitioner—

The Medical Register and the Overseas Medical Register shall each be arranged so as to show the names of the persons included in it in alphabetical order of surnames, with their addresses and registered qualifications and such other particulars (if any) as the General Council may direct in relation to that Register.

A copy of either of the said publications purporting to be printed and published in accordance with subsection (1) or (2) above shall be evidence (and in Scotland sufficient evidence) that the persons specified therein are registered fully or provisionally in the principal list or the overseas list in the register of medical practitioners, as appears from the publication; and the absence of the name of any person both from such a copy of the Medical Register and from such a copy of the Overseas Medical Register shall be evidence (and in Scotland sufficient evidence) that he is not registered under section 3, 15, 19 or 21 above.

In the case of a person whose name does not appear either in the Medical Register or the Overseas Medical Register—

The Registrar may issue a certificate that a person—

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

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

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

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

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

Where a fully registered person whose registration is subject to conditions imposed under subsection (1) above by the Professional Conduct Committee or under section 42(3)(c) below by the Preliminary Proceedings Committee is judged by the Professional Conduct Committee to have failed to comply with any of the requirements imposed on him as conditions of his registration the Committee may, if they think fit, direct—

Where the Professional Conduct Committee have given a direction for suspension under subsection (1) or (2) above, the Committee may— but the Committee shall not extend any period of suspension under this section for more than twelve months at a time.

Where the Professional Conduct Committee have given a direction for conditional registration, the Committee may— but the Committee shall not extend any period of conditional registration under this section for more than twelve months at a time.

Subsection (2) above shall apply to a fully registered person whose registration is subject to conditions imposed under subsection (3)(c) above as it applies to a fully registered person whose registration is subject to conditions imposed under subsection (1) above, and subsection (3) above shall apply accordingly.

Where the Professional Conduct Committee give a direction under this section for erasure, for suspension or for conditional registration or vary the conditions imposed by a direction for conditional registration the Registrar shall forthwith serve on the person to whom the direction applies a notification of the direction or of the variation and of his right to appeal against the decision in accordance with section 40 below.

In subsection (6) above the references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.

While a person's registration in the register is suspended by virtue of this section he shall be treated as not being registered in the register notwithstanding that his name still appears in it.

This section applies to a provisionally registered person and to a person registered with limited registration whether or not the circumstances are such that he falls within the meaning in this Act of the expression " fully registered person ".

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— 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.

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—

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—

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.

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.

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.

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.

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).

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.

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—

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.

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.

Sub-paragraphs (3D) to (5A) of paragraph 5A of Schedule 4 apply to a matter being considered by a Medical Practitioners Tribunal under subsection (6D) as if it were a matter being considered by the Tribunal under sub-paragraph (3B) of that paragraph; and a reference in this Act to any of sub-paragraphs (3D) to (5A) of that paragraph is to be read as including a reference to that sub-paragraph as so applied.

For the purposes of subsection (4), “enactment” includes— ...

For the purposes of this section and section 35B below, a “practitioner” means a fully registered person or a provisionally registered person.

Where the fitness to practise of a fully registered person is judged by the Health Committee to be seriously impaired by reason of his physical or mental condition the Committee may, if they think fit, direct-

Where a fully registered person whose registration is subject to conditions imposed under subsection (1) above by the Health Committee or under section 42(3)(c) below by the Preliminary Proceedings Committee is judged by the Health Committee to have failed to comply with any of the requirements imposed on him as conditions of his registration the Committee may, if they think fit, direct that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding twelve months as may be specified in the direction.

Where the Health Committee have given a direction for suspension under subsection (1) or (2) above, the Committee may— but the Committee shall not extend any period of suspension under this section for more than twelve months at a time.

Where the Health Committee have given a direction for conditional registration, the Committee may— but the Committee shall not extend any period of conditional registration under this section for more than twelve months at a time.

Subsection (2) above shall apply to a fully registered person whose registration is subject to conditions imposed under subsection (3)(b) above as it applies to a fully registered person whose registration is subject to conditions imposed under subsection (1) above, and subsection (3) above shall apply accordingly.

Where the Health Committee give a direction under this section for suspension or for conditional registration or vary the conditions imposed by a direction for conditional registration the Registrar shall forthwith serve on the person to whom the direction applies a notification of the direction or of the variation and of his right to appeal against the decision in accordance with section 40 below.

In subsection (6) above the references to a direction for suspension and a direction for conditional registration include references to a direction extending a period of suspension or a period of conditional registration.

While a person's registration in the register is suspended by virtue of this section he shall be treated as not being registered in the register notwithstanding that his name still appears in it.

This section applies to a provisionally registered person and to a person registered with limited registration whether or not the circumstances are such that he falls within the meaning in this Act of the expression " fully registered person ".

As soon as is reasonably practicable after the relevant date, the General Council shall notify the following of an investigation by the General Council of a practitioner’s fitness to practise—

The General Council may, if they consider it to be in the public interest to do so, publish, or disclose to any person, information—

For the purposes of subsection (2)(b) above, the General Council need not consider whether it is in the public interest to publish or disclose the information in question in relation to each individual practitioner to whom it relates.

Subject to subsection (5), the General Council shall publish in such manner as they see fit—

The General Council may withhold from publication under subsection (4) above information concerning the physical or mental health of a person which the General Council consider to be confidential.

On giving a direction for erasure or a direction for suspension under section 35D(2), (10) or (12) above, or under paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, in respect of any person the Medical Practitioners Tribunal, if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the best interests of that person, may order that his registration in the register shall be suspended forthwith in accordance with this section.

On giving a direction for conditional registration under section 35D(2) above, or under paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, in respect of any person the Medical Practitioners Tribunal, if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest, or is in the best interests of that person, may order that his registration be made conditional forthwith in accordance with this section.

Where, on the giving of a direction, an order under subsection (1) or (2) above is made in respect of a person, his registration in the register shall, subject to subsection (4) below, be suspended (that is to say, shall not have effect) or made conditional, as the case may be, from the time when the order is made until the time when—

Where a Medical Practitioners Tribunal make an order under subsection (1) or (2) above, the MPTS shall forthwith serve a notification of the order on the person to whom it applies.

If, when an order under subsection (1) or (2) above is made, the person to whom it applies is neither present nor represented at the proceedings, subsection (3) above shall have effect as if, for the reference to the time when the order is made, there were substituted a reference to the time of service of a notification of the order as determined for the purposes of paragraph 8 of Schedule 4 to this Act.

Except as provided in subsection (7) below, while a person’s registration in the register is suspended by virtue of subsection (1) above, he shall be treated as not being registered in the register notwithstanding that his name still appears in it.

Notwithstanding subsection (6) above, sections 35C to 35E above shall continue to apply to a person whose registration in the register is suspended.

The relevant court may terminate any suspension of a person’s registration in the register imposed under subsection (1) above or any conditional registration imposed under subsection (2) above, and the decision of the court on any application under this subsection shall be final.

In this section “the relevant court” has the same meaning as in section 40(5) below.

This section applies where an allegation is made to the General Council against— that his fitness to practise is impaired.

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

This section is not prevented from applying because—

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

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

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

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

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

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

In this section— “enactment” includes— an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament; and any provision of, or any instrument made under, Northern Ireland legislation;... “regulatory body” means a regulatory body which has the function of authorising persons to practise as a member of a health or social care profession; and “revalidation pilot scheme” has the meaning given by section 29EA(3) above.

If the Registrar is satisfied that any entry in— has been fraudulently procured or incorrectly made, the Registrar may erase the entry from the appropriate register.

Where the Registrar decides to erase a person’s name under this section, the Registrar shall forthwith serve on that person notification of the decision and of his right to appeal against the decision under Schedule 3A to this Act.

Rules under paragraph 1 of Schedule 4 to this Act may make provision for— to exercise the functions of the Investigation Committee under section 35C above, whether generally or in relation to such classes of case as may be specified in the rules.

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

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

Section 35C above also applies in a case where, in circumstances other than those specified in section 29C(1)(a) and (b)— and in such a case section 35C shall apply as if an allegation to that effect had been made to the Council against that person.

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

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

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

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

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

The following decisions are appealable decisions for the purposes of this section, that is to say—

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A decision under regulations made— not to restore a person’s name to the register for a reason that relates to his fitness to practise is also an appealable decision for the purposes of this section.

In subsection (1) above—

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A person in respect of whom an appealable decision falling within subsection (1) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served under section 35E(1) above, or section 41(10) ... below, appeal against the decision to the relevant court.

In subsections (4) and (4A) above, “the relevant court”—

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On an appeal under this section from a Medical Practitioners Tribunal , the court may— and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

A person in respect of whom an appealable decision falling within subsection (1A) ... has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served, appeal against the decision to the relevant court.

On an appeal under this section from the General Council, the court (or the sheriff) may— and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

On an appeal under this section from a Medical Practitioners Tribunal, the General Council may appear as respondent; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not. On an appeal under this section from the Adjudicator, the General Council may appear as respondent; and for the purpose of any order as to costs (or, in Scotland, expenses) in relation to any such appeal the General Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.

On an appeal under this section to the Privy Council the Privy Council may—

On an appeal under this section from the Professional Conduct Committee or the Health Committee the General Council may appear as respondent; and for the purpose of enabling directions to be given as to the costs of any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not.

Where a case is referred under subsection (7)(d) to the MPTS, the MPTS must arrange for the case to be disposed of by a Medical Practitioners Tribunal in accordance with the directions of the court.

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

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

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

Where a Medical Practitioners Tribunal have given a direction that a person’s registration be suspended— subsections (4A) and (4B) below apply.

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

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

On a review arranged under subsection (4A) or (4B), a Medical Practitioners Tribunal may, if they think fit— but, subject to subsection (6) below, the Tribunal shall not extend any period of suspension under this section for more than twelve months at a time.

In a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, a Medical Practitioners Tribunal may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—

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

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

Where— subsection (9A) below applies.

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

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

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

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

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

On a review arranged under subsection (11A) or (11B), a Medical Practitioners Tribunal may, if they think fit— but the Tribunal shall not extend any period of conditional registration under this section for more than three years at a time.

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

A direction, revocation or variation given or made under subsection (13)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).

Subject to subsections (2) and (6) below, where the name of a person has been erased from the register under section 35D above, or section 44B(4)(b) below, a Medical Practitioners Tribunal may, if they think fit, direct that his name be restored to the register.

No application for the restoration of a name to the register under this section shall be made...—

An application under this section shall be made to the Registrar who shall refer the application to the MPTS for them to arrange for the application to be determined by a Medical Practitioners Tribunal.

In the case of a person who was provisionally registered under section 15, 15A, 21 or 21C above before his name was erased, a direction under subsection (1) above shall be a direction that his name be restored by way of provisional registration under section 15, 15A, 21 or 21C above, as the case requires.

Where an application is referred under subsection (3) to the MPTS, they must arrange for the application to be determined by a Medical Practitioners Tribunal.

The requirements of Part II or Part III of this Act as to the experience required for registration as a fully registered medical practitioner shall not apply to registration in pursuance of a direction under subsection (1) above.

Before determining whether to give a direction under subsection (1) above, a Medical Practitioners Tribunal shall require an applicant for restoration to provide such evidence as they direct as to his fitness to practise; and they shall not give such a direction if that evidence does not satisfy them.

Where the applicant is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, a Medical Practitioners Tribunal, before deciding whether to give a direction under subsection (1), shall take into account—

A Medical Practitioners Tribunal shall not give a direction under subsection (1) above unless at the same time in accordance with regulations made by the General Council under this subsection, they direct the Registrar to restore the practitioner’s licence to practise.

Subsections (3) to (5) of section 29J above apply to regulations made under subsection (7) above as they apply in relation to regulations made under section 29A above.

Where a Medical Practitioners Tribunal give a direction under subsection (1), the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction.

Where, during the same period of erasure, a second or subsequent application for the restoration of a name to the register, made by or on behalf of the person whose name has been erased, is unsuccessful, a Medical Practitioners Tribunal may direct that his right to make any further such applications shall be suspended indefinitely.

Where a Medical Practitioners Tribunal give a direction under subsection (9) above, the MPTS shall without delay serve on the person in respect of whom it has been made a notification of the direction and of his right to appeal against it in accordance with section 40 above.

Any person in respect of whom a direction has been given under subsection (9) above may, after the expiration of three years from the date on which the direction was given, apply to the Registrar for that direction to be referred to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal and, thereafter, may make further applications for review; but no such application may be made before the expiration of three years from the date of the most recent review decision.

In exercising a function under this section, a Medical Practitioners Tribunal must have regard to the over-arching objective.

Where, under section 35D above, a Medical Practitioners Tribunal— the MPTS shall forthwith serve on the person concerned notification of the direction or variation and of his right to appeal against it under section 40 below.

Where, under section 35D, a Medical Practitioners Tribunal— the MPTS shall forthwith serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction, variation, revocation or decision.

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

In subsection (1) above—

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

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

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

In section 35D, “language case” means any case in which a Medical Practitioners Tribunal have determined that—

The Preliminary Proceedings Committee shall have the functions assigned to them by this section.

It shall be the duty of the Committee to decide whether any case referred to them for consideration in which a practitioner is alleged to be liable to have his name erased under section 36 above or his registration suspended or made subject to conditions under section 36 or 37 above ought to be referred for inquiry by the Professional Conduct Committee or the Health Committee.

If the Committee decide that a case ought to be referred for inquiry by the Professional Conduct Committee or the Health Committee—

No order for interim suspension or for interim conditional registration shall be made by the Preliminary Proceedings Committee in respect of any person unless he has been afforded an opportunity of appearing before the Committee and being heard on the question whether such an order should be made in his case; and for the purposes of this subsection a person may be represented before the Committee by counsel or a solicitor, or (if rules under paragraph 5 of Schedule 4 to this Act so provide and he so elects) by a person of such other description as may be specified in the rules.

If the Committee decide that a case ought to be referred for inquiry by the Professional Conduct Committee or the Health Committee the Registrar shall serve a notification of the decision on the person whose case has been so referred and if the Committee also make an order for interim suspension or for interim conditional registration the Registrar shall include in the notification of the decision a notification of the order and shall serve the notification forthwith.

Where an order for interim suspension is made in respect of a person, his registration in the register shall be suspended (that is to say, shall not have effect) from the time of service of a notification of the order as determined for the purposes of paragraph 8 of Schedule 4 to this Act until the expiration of such period, not exceeding two months, as is specified in the order.

The Professional Conduct Committee or the Health Committee may revoke any order for interim suspension or for interim conditional registration made by the Preliminary Proceedings Committee under this section.

While a person's registration in the register is suspended by virtue of an order for interim suspension under this section he shall be treated as not being registered in the register notwithstanding that his name still appears in the register.

A person who is subject to a disqualifying decision in a relevant European State in which he is or has been established in medical practice shall not be entitled to be registered by virtue of section 3(1)(b), 14A or 19A above for so long as the decision remains in force in relation to him.

A disqualifying decision in respect of a person is a decision, made by responsible authorities of the relevant European State in which he was established in medical practice or in which he acquired a medical qualification, and—

If a person has been registered by virtue of section 3(1)(b), 14A or 19A above and it is subsequently shown to the satisfaction of the Registrar that he was subject to a disqualifying decision in force at the time of registration, and that the decision remains in force, the Registrar shall remove the person’s name from the register.

A decision under— is an appealable registration decision for the purposes of Schedule 3A to this Act.

If a person has been registered as a fully registered medical practitioner by virtue of section 3(1)(b), 14A or 19A above at a time when a disqualifying decision was in force in respect of him, and he has been so registered for a period of not less than one month throughout which the decision had effect—

Where on or after the date on which a person was registered by virtue of section 3(1)(b), 14A or 19A above a disqualifying decision relating to him comes into force, this Part of this Act shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.

In deciding whether to give a direction under subsection (5)(a), a Medical Practitioners Tribunal must have regard to the over-arching objective.

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if a national of a member State of the Communities who has medical qualifications entitling him to registration under section 3 above but is not so registered and who renders medical services while visiting the United Kingdom (whether or not registered as a visiting EEC practitioner)—

A prohibition imposed under this section shall either relate to a period specified by the Professional Conduct Committee or be expressed to continue for an indefinite period.

A person may apply to the General Council for termination of a prohibition imposed on him under this section and the Council may, on any such application, terminate the prohibition or reduce the period of it; but no application may be made under this subsection—

Section 18(1) above does not apply to a person and that person shall not be registered as a visiting EEC practitioner at a time when he is subject to a prohibition imposed by the Professional Conduct Committee under this section.

This section applies to any of the following decisions by a Medical Practitioners Tribunal—

A decision to which this section applies is referred to below as a “relevant decision”.

The General Council may appeal against a relevant decision to the relevant court if they consider that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public.

Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—

The General Council may not bring an appeal under this section after the end of the period of 28 days beginning with the day on which notification of the relevant decision was served on the person to whom the decision relates.

On an appeal under this section, the court may— and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.

In this section and section 40B, “relevant court” has the meaning given by section 40(5).

If the General Council bring an appeal under section 40A—