Medical Act 1983

Part IU.K. Preliminary

The General Medical CouncilU.K.

1 The General Medical Council.U.K.

(1)There shall continue to be a body corporate known as the General Medical Council (in this Act referred to as “the General Council”) having the functions assigned to them by this Act.

[F1(1A)The over-arching objective of the General Council in exercising their functions is the protection of the public.

(1B)The pursuit by the General Council of their over-arching objective involves the pursuit of the following objectives—

(a)to protect, promote and maintain the health, safety and well-being of the public,

(b)to promote and maintain public confidence in the medical profession, and

(c)to promote and maintain proper professional standards and conduct for members of that profession.]

[F2(2)The General Council shall be constituted as provided for by order of the Privy Council, subject to Part 1 of Schedule 1 to this Act.]

[F3(3)The General Council shall have the following committees—

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)one or more [F6Registration Panels],

(d)one or more Registration Appeals Panels,

(e)the Investigation Committee,

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(g)the Medical Practitioners Tribunal Service (“the MPTS”),]

[F8(h)one or more Medical Practitioners Tribunals,

(i)one or more Interim Orders Tribunals,]

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 F9...subsection (3) above are referred to in this Act as “the statutory committees”.]

(4)Schedule 1 to this Act shall have effect with respect to the General Council, its branch councils and committees, its proceedings, its officers and its accounts.

2 Registration of medical practitioners.U.K.

(1)There shall continue to be kept by the registrar of the General Council (in this Act referred to as “the Registrar”) [F10a register] of medical practitioners registered under this Act containing the names of those registered and the qualifications they are entitled to have registered under this Act.

(2)The [F11register referred to is] “the register of medical practitioners” consisting of [F12the following lists]—

(a)the principal list,

[F13(aa)if anyone is registered under section 18A, the emergency powers doctors list,] [F14and]

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the visiting overseas doctors list, F16...

F16(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Medical practitioners shall be registered as fully registered medical practitioners or provisionally F18... as provided in Parts II and III of this Act and in the appropriate list of the register of medical practitioners F19... as provided in Part IV of this Act.

[F20(4)Section 35C(2)(da) (the necessary knowledge of English) shall not apply in determining whether a person’s fitness to practise is impaired for the purposes of registration under this Act.]

Part IIU.K. Medical Education and Registration: Persons Qualifying in the United Kingdom and Elsewhere in the EEC.

3 Registration by virtue of primary United Kingdom or primary European qualifications.U.K.

(1)Subject to the provisions of this Act any person [F21whose fitness to practise is not impaired and] who—

[F22(a)holds one or more primary United Kingdom qualifications and has satisfactorily completed an acceptable programme for provisionally registered doctors; or]

(b)being a national of [F23any relevant European State], holds one or more primary European qualifications [F24and has made an application, before IP completion day, for registration under this paragraph or is provisionally registered under section 15A],

is entitled to be registered under this section as a fully registered medical practitioner.

(2)Any person who—

(a)is not a national of [F25a relevant European State]; but

[F26(b)is, by virtue of an enforceable [F27EU] right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State,]

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

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Qualifying examinations and primary United Kingdom qualifications.U.K.

[F29(1)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.

(1A)The General Council may from time to time amend the list.

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

(1C)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.

(1D)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.]

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

(a)the degree of bachelor of medicine or bachelor of surgery granted by [F30a body or combination of bodies included in the list maintained under subsection (1)];

(b)licentiate of the Royal College of Physicians of London [F31or the Royal College of Surgeons of England] or the Royal College of Physicians of Edinburgh or the Royal College of Surgeons of Edinburgh or the Royal College (formerly Royal Faculty) of Physicians and Surgeons of Glasgow;

(c)membership of the Royal College of Surgeons of England [F31granted before the coming into force of section 1 of the Medical Qualifications (Amendment) Act 1991];

(d)licentiate in medicine and surgery of the Society of Apothecaries of London.

(4)Any two or more of the [F32bodies and combinations of bodies included in the list maintained under subsection (1)] may, with the approval and under the directions of [F33the General Council], unite or co-operate in conducting examinations held for the purpose of granting primary United Kingdom qualifications.

[F34(4A)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.]

F35(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 General functions of [F33the General Council] in relation to medical education in the United Kingdom.U.K.

(1)[F33The General Council] shall have the general function of promoting high standards of medical education and co-ordinating all stages of medical education.

(2)For the purpose of discharging that function [F33the General Council] shall—

(a)determine the extent of the knowledge and skill which is to be required for the granting of primary United Kingdom qualifications and secure that the instruction given [F36in or under the direction of bodies or combinations of bodies] in the United Kingdom to persons studying for such qualifications is sufficient to equip them with knowledge and skill of that extent;

(b)determine the standard of proficiency which is to be required from candidates at qualifying examinations and secure the maintenance of that standard; and

[F37(c)discharge their functions under section 10A below in respect of programmes for provisionally registered doctors.]

F38(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40(3)Determinations of [F33the General Council] under subsection (2)(a) or (b) above shall be published in such manner as they see fit.

(3A)Such determinations—

(a)are binding on [F41bodies or combinations of bodies] concerned with medical education as regards the matters to which they relate; and

(b)accordingly, those [F41bodies or combinations of bodies] must act in accordance with them as regards the matters to which they relate.]

(4)In this Act—

• F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the prescribed knowledge and skill” means knowledge and skill of the extent for the time being determined under subsection (2)(a) above and [F43set out in determinations published] under subsection (3) above;

• “the prescribed standard of proficiency” means the standard of proficiency for the time being determined under subsection (2)(b) above and [F44set out in determinations published] under subsection (3) above;

• F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 Further powers of [F33the General Council].U.K.

(1)A [F46body 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 [F33the General Council], furnish [F47the General Council] with such information as [F47the General Council] may require as to—

(a)the courses of study and examinations to be gone through in order to obtain the qualification;

(b)the ages at which such courses of study and examinations are required to be gone through;

(c)the age at which the qualification is granted; and

(d)generally the requisites for obtaining the qualification.

(2)For the purpose of securing the maintenance of the prescribed standard of proficiency [F33the General Council] may appoint such number of inspectors as they may determine, and the inspectors shall attend, as [F47the General Council] may direct, all or any of the qualifying examinations held by any [F48body or combination of bodies included in the list maintained under section 4(1)].

(3)Any person deputed for the purpose by [F33the 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.

(4)Inspectors appointed under subsection (2) above shall not interfere with the conduct of any examination, but it shall be their duty to report to [F33the General Council] their opinion as to the sufficiency of every examination which they attend, and any other matters relating to such examinations which [F47the General Council] may require them to report.

(5)[F33The 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 relatesF49....

7 Power to appoint visitors of medical schools.U.K.

(1)[F33The General Council] may appoint persons to visitF50... places where instruction is given to medical students under the direction of any [F51body or combination of bodies included in the list maintained under section 4(1)].

(2)It shall be the duty of visitors appointed under subsection (1) above to report to [F33the 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 [F47the General Council] either generally or in any particular case; but no visitor shall interfere with the giving of any instruction.

(3)On the receipt of any report of a visitor under subsection (2) above [F33the General Council] shall send a copy of the report to the [F52body or combination of bodies] under whose direction the instruction is given, and on the receipt of the copy that body [F53or combination of bodies] may, within such period of not less than one month as [F47the General Council] may have specified at the time they sent the copy of the report, make to [F47the General Council] observations on the report or objections to it.

F54(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F558 Power to add further qualifying examinations.U.K.

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F569 Powers of Privy Council where standards not maintained.U.K.

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F5710 Experience required for full registration by virtue of primary United Kingdom qualifications.U.K.

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[F5810AProgrammes for provisionally registered doctorsU.K.

(1)For the purposes of this Act, “acceptable programme for provisionally registered doctors” means a programme that is for the time being recognised by [F59the General Council] as providing a provisionally registered person with an acceptable foundation for future practice as a fully registered medical practitioner.

(2)In connection with recognising programmes for provisionally registered doctors as mentioned in subsection (1) above, [F60the General Council] may determine—

(a)the duration of a programme for provisionally registered doctorsF61...;

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

(c)the content and standard of programmes for provisionally registered doctors;

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

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

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

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

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

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

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Determinations of [F63the General Council] under subsection (2) above shall be published in such manner as they see fit.

(5)Such determinations—

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

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

F64(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)For the purpose of—

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

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

[F65the General Council] may appoint persons to consider programmes for provisionally registered doctors, to visit the bodies mentioned in subsection (2) and to report to [F65the General Council] on those programmes and those bodies.

(8)If [F66the General Council] have formed the provisional opinion—

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

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

[F6710B.Professional traineeships carried out in F68... relevant European States, etc.U.K.

[F69(A1)This section applies for the purposes of determining whether a person who—

(a)is a national of a relevant European state,

(b)holds a primary United Kingdom qualification, and

(c)has applied, before IP completion day, for registration under section 3(1)(a),

has satisfactorily completed an acceptable programme for doctors who are provisionally registered.]

(1)If [F70such 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 F71... is treated as meeting that requirement.

F72(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Any person who—

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

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

must be treated for the purposes of subsection [F73(A1)] as if the person were such a national.]

F7411 Provisions supplementary to s. 10, etc.E+W+S

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F7512 Special provisions as to employment in health centres.U.K.

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F7613 Power to appoint visitors of approved hospitals.U.K.

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14 Alternative requirements as to experience in certain cases.U.K.

[F77(1)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.]

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

(a)claims such registration by virtue of a qualification granted before 1st January 1953; or

(b)is the holder of a primary United Kingdom qualification and also of a qualification granted outside the United Kingdom which is recognised by the General Council for the purposes of this section as furnishing a sufficient guarantee of the possession of knowledge and skill corresponding with the prescribed knowledge and skill.

F78(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79(4)Subsection (5) applies if—

(a)a person within subsection (2)(b) who is a national of a relevant European State makes an application under subsection (1) [F80in connection with an application for registration under section 3(1)(a) made before IP completion day]; and

(b)the person has carried out a professional traineeship, all or part of which was carried out in a third country.

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

(6)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).

(7)Any person who—

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

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

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

[F8114AFull registration of EEA nationals etc without certain acquired rights certificatesU.K.

(1)A person who is a national of a relevant European State—

[F82(za)who has made an application for registration under this section before IP completion day,]

(a)whose case falls within regulation [F833(8)(a)] of the General Systems Regulations,

(b)to whom regulations [F8427 to 34] of those Regulations apply by reason of the operation of regulation [F853(5)] of those Regulations,

(c)who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

(d)whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.

(2)Any person who—

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

(b)is, by virtue of any enforceable [F27EU] right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (1) as if he were such a national.]

[F8615 Provisional registration.U.K.

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

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

(a)he has not satisfactorily completed an acceptable programme for provisionally registered doctors; but

(b)apart from that he would be entitled to be registered under section 3 above.

(3)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.]

[F8715AProvisional registration for EEA nationals [F88etc] U.K.

(1)This section shall have effect for enabling a national of [F89a relevant European State] to be employed for the purpose of enabling him to acquire the clinical experience under appropriate supervision which he needs in order to obtain a primary European qualification.

(2)A national of [F90a 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 [F91if

[F92(a)the person has made an application, before IP completion day, for registration under this section, and

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

(3)Any person who—

(a)is not a national of [F93a relevant European State]; but

(b)is, by virtue of [F94any enforceable [F27EU] right], entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

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

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

(5)For the purposes of subsection (2), a person has completed the training required for a primary European qualification, but for the acquisition of suitable clinical experience, where he has obtained a medical degree which guarantees that he has fulfilled the requirements of [F95paragraph 3(a), (b) and (c) of article 24 of the Directive (basic medical training)].]

16 Registration of qualifications.U.K.

(1)A person registered under [F96section 3, [F9714A,] 15 or 15A] above [F98or 18A below] shall be entitled to have registered [F99any primary United Kingdom] qualification or qualifications or primary European qualification or qualifications which he holds when he is so registered and also—

(a)any other primary United Kingdom qualification or qualification specified in [F100Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)] which he obtains after registration;

(b)subject to subsection (3) below, any additional qualification which [F33the General Council] determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c)any F101. . . qualification which is for the time being registrable by virtue of section 26(1)(b) below which he holds when he is registered or obtains thereafter.

(2)In this Act “additional qualification” means any qualification granted in [F102a relevant European State] other than F103... a qualification specified in [F104Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)].

(3)If [F33the 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.

[F10517 Primary qualifications obtained in F106... [F107relevant European States].U.K.

(1)A primary European qualification for the purposes of this Part of this Act is any of the following obtained in [F108a relevant European State] F109..., namely—

[F110(a)a qualification listed in Annex V, point 5.1.1 of the Directive which was obtained in a relevant European State on or after the reference date and is not evidence of training commenced by the holder before that date, provided that that qualification is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”;

(b)subject to compliance with subsection (2) below, a qualification listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;

(ba)subject to compliance with subsection (2A) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained on or after the reference date and is not evidence of training commenced by the holder before that date;

(c)subject to compliance with subsection (3) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;]

(d)subject to compliance with subsection (4) below, a qualification which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.

[F111(e)subject to compliance with subsection (4A) below, a qualification which—

(i)is evidence of training commenced before the date specified in column (a) of the table in that subsection and undertaken on the territory specified in the corresponding entry in column (b) of that table, or

(ii)was awarded by [F112the former state] specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).]

[F113(2)For compliance with this subsection in the case of any qualification, either—

(a)evidence of the qualification must be—

(i)such that the Registrar is satisfied (by means of a certificate of a competent authority of the relevant European State in which it was obtained or otherwise) that it accords with the standards laid down by article 24 of the Directive (basic medical training), and

(ii)accompanied, where appropriate, by the certificate listed in relation to the State in which the qualification was obtained in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; or

(b)evidence of the qualification must be accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in medical practice in that State for at least three consecutive years during the five years preceding the date of the certificate.

(2A)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—

(a)it is evidence of training which satisfies the requirements of article 24 of the Directive; and

(b)it is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.1 of the Directive.

(3)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—

(a)subsection (2)(b); or

(b)subsection (2A).]

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

(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate of [F114a competent authority of Germany] or otherwise) that the holder is entitled by virtue of it to engage in medical practice throughout the territory of Germany on the same conditions as the holder of a German qualification listed in [F115Annex V, point 5.1.1 of the Directive]; and

(b)evidence of it must be accompanied by a certificate of [F116a competent authority of Germany] that the holder has effectively and lawfully been engaged in actual medical practice in Germany for at least 3 consecutive years during the 5 years preceding the date of the certificate.

[F117(4A)For compliance with this subsection in the case of any qualification—

(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate from [F118a competent authority of the relevant European State] specified in the appropriate row of column (c) of the table below) that that qualification has, on its territory, the same legal validity as regards access to and practice of the medical profession as the qualification listed in relation to that State in [F119Annex V, point 5.1.1 of the Directive]; and

(b)evidence of it must be accompanied by a certificate from [F120a competent authority of that State] stating that the holder has effectively and lawfully been engaged in the activity in question on the territory of that State for at least 3 consecutive years during the 5 years preceding the date of issue of that certificate.

F123(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F124(6)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.]]

F12518Visiting medical practitioners from relevant European StatesU.K.

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[F12618A.Temporary registration with regard to emergencies involving loss of human life or human illness etc.U.K.

(1)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—

(a)a person as a fully registered medical practitioner, if the Registrar considers that the person is a fit, proper and suitably experienced person to be registered as a fully registered medical practitioner with regard to the emergency; or

(b)the persons comprising a specified group of persons as fully registered medical practitioners, if the Registrar considers that the group is comprised of persons who are of a type who may reasonably be considered fit, proper and suitably experienced persons to be registered as fully registered medical practitioners with regard to the emergency.

(2)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.

(3)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).

(4)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.

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

(a)the Registrar must do if the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in subsection (1) no longer exist;

(b)the Registrar may do for any other reason at any time, including where the Registrar has grounds for suspecting that the person’s fitness to practise may be impaired.

(6)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.

(7)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.

(8)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.

(9)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.]

Part IIIU.K. Registration of Persons Qualifying Overseas

[F12719 Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.U.K.

[F128(A1)Subsection (1) applies only in relation to an exempt person—

(a)who has made an application, before IP completion day, for registration under this section, or

(b)who is provisionally registered under section 21.]

(1)Where an exempt person satisfies the Registrar—

(a)that he holds[F129, or has passed all the qualifying examinations necessary for obtaining,] an acceptable overseas qualification other than a primary European qualification;

[F130(aa)that, where—

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

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

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

[F131(b)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; and]

[F132(c)that his fitness to practise is not impaired,]

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

[F133(1A)Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.]

[F134(2)In this Act “exempt person” means—

(a)a person who, immediately before IP completion day, was a national of a relevant European State,

(b)a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or

(c)a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State.]

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

[F135(a)if the applicant holds a medical qualification which was granted otherwise than in a relevant European State, but has been accepted by a relevant European State F136... as qualifying him to practise as a medical practitioner in that State, the acceptance of that qualification; and]

(b)all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application.

F137(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F13819AFull registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State F139...U.K.

An exempt person—

[F140(za)who has made an application for registration under this section before IP completion day,]

(a)whose case falls within regulation [F1413(8)(e)] of the General Systems Regulations,

(b)to whom regulations [F14227 to 34] of those Regulations apply by reason of the operation of regulation [F1433(5)] of those Regulations,

(c)who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

(d)whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.]

20 Experience required for full registration by virtue of recognised overseas qualifications.U.K.

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Provisional registration [F145of EEA nationals etc. with certain overseas qualifications].U.K.

[F146(1)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.]

[F147(2)Where a person—

(a)has made an application to the General Council, before IP completion day, to be provisionally registered under this section, and

(b)satisfies the Registrar of the matters specified in paragraphs (a), (aa) and (c) of section 19(1),

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

[F148(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.]

[F149(3)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.]

F15021A Full registration for eligible specialists and qualified general practitionersU.K.

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

[F15121BFull registration of persons with an overseas qualificationU.K.

(1)[F152Subject to [F153subsections (1A) and (1AA)]] where a person satisfies the Registrar—

[F154(a)that the person—

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

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

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

(c)that his fitness to practise is not impaired; F155... [F156and]

[F157(d)that—

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

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

F158(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F159(1A)Subsection (1)(b) does not apply to a person who makes an application under this section on or after IP completion day in reliance on the holding of a relevant European qualification within subsection (3)(a) or (b).

[F160(1AA)Subsection (1)(b) does not apply in the case of a person who makes an application under this section in reliance on the holding of a specified state qualification and on having met the requirement specified in relation to the person under section 21BA.]

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

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

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

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

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

(b)where—

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

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

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

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

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

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

[F161(2)In this Act, an “acceptable overseas qualification” means—

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

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

[F162(3)In this section, “relevant European qualification” means—

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

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

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

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

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

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

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

(4)The General Council—

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

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

[F163(5)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.

(6)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.

(7)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.

(8) 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.

(9)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.]

[F16421BAFurther provision relating to the registration of specified state professionalsU.K.

(1)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.

(2)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)).

(3)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.

(4)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.

(5)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.

(6)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.

(7)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.

(8)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.]

21CProvisional registration of persons with an overseas qualificationU.K.

(1)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) [F165or (1C)(c)], that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

(2)A person who satisfies the Registrar—

[F166(a)of the matters specified in paragraphs (a), (c), [F167and (d)] of subsection (1) of section 21B above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection; and]

(b)that he possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

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.

[F168(2A)Subsection (2)(b) does not apply to a person who makes an application under this section on or after IP completion day and who—

(a)has passed all of the qualifying examinations necessary for obtaining (but does not hold) a relevant European qualification within section 21B(3)(a) or (b), or

(b)holds, or has passed all of the qualifying examinations necessary for obtaining, a relevant European qualification within section 21B(3)(c).

(2B)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—

(a)of the matters specified in paragraphs (a), (b) and (d) of section 21B(1C) above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection, and

(b)that the person possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

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

(3)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.]

F16922 Limited registration of persons by virtue of overseas qualifications.U.K.

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

F17023 Limited registration: supplementary provisions.U.K.

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

F17124 Limited registration: erasure.U.K.

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

F17225 Full registration of persons with limited registration.U.K.

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

26 Registration of qualifications.U.K.

(1)A person registered under section [F17319, [F17419A,] [F17521, 21B or 21C]] above shall be entitled to have registered the [F176acceptable overseas qualification] which he holds when he is so registered and also—

F177(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F178subject to subsection (3) below, any overseas qualification] which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c)subject to subsection (3) below, any additional qualification which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter; and

(d)any primary United Kingdom qualification or primary European qualification which he holds when he is registered or obtains thereafter.

F179(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)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.

[F18027ATemporary registration for visiting eminent specialistsU.K.

(1)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.

(2)If the person referred to in subsection (1) satisfies the Registrar—

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

(b)that he is entitled to practise medicine in the State where he is ordinarily resident;

(c)that he is or will be employed or engaged within the United Kingdom to provide medical services in a particular branch of medicine;

(d)that he is an eminent specialist in that particular branch of medicine; and

(e)that his fitness to practise is not impaired,

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.

(3)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.

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

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

(6)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)is to be treated as not being done by a registered medical practitioner; and

(b)may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

27BSpecial purpose registrationU.K.

(1)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.

(2)If the person referred to in paragraph (1) satisfies the Registrar—

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

(b)that he is entitled to practise medicine in the State where he is ordinarily resident;

(c)that he is or will be employed or engaged within the United Kingdom—

(i)at an establishment that provides medical services for persons who are not nationals of the United Kingdom, and

(ii)to provide particular medical services, but only for persons who are not nationals of the United Kingdom; and

(d)that his fitness to practise is not impaired,

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.

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

(a)a condition that the person shall, except in an emergency, provide medical services within the United Kingdom only to persons who are not nationals of the United Kingdom; and

(b)a condition that the person shall, except in an emergency, provide only the particular medical services which are specified in the direction, whilst he is in the United Kingdom.

(4)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.

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

(6)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)is to be treated as not being done by a registered medical practitioner; and

(b)may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.]

F18127 Temporary full registration for visiting overseas specialists.U.K.

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

F18228 The Review Board for Overseas Qualified Practitioners.U.K.

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

F18329 Functions of the Review Board.U.K.

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

F184PART IIIAU.K. LICENCE TO PRACTISE AND REVALIDATION

Duty of General Council to make regulationsU.K.

29A Regulations as to licence to practise and revalidationU.K.

(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

[F185(d)revalidation of a medical practitioner of a prescribed description whenever a licensing authority sees fit to do so, either as a condition of the practitioner’s continuing to hold a licence to practise or of the practitioner’s licence to practise being restored.]

(5)In this Part—

• “licensing authority” means—

  (a)

  the Registrar;

  (b)

  F186a ...[F186Registration Panel];

  (c)

  such other committee of the General Council as may be prescribed; or

  (d)

  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.

Grant, refusal and withdrawal of licenceU.K.

29B Grant, refusal and withdrawal of licenceU.K.

(1)Regulations under section 29A above shall [F187subject to subsection (1A),] provide for a licence to practise to be granted to a medical practitioner—

(a)on first registration under this Act as a medical practitioner with [F188full registration];

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

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

[F189(1A)Regulations under section 29A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3).

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

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

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

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

(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.

[F190(2D)Regulations under section 29A may include provision requiring a licensing authority to take account, in particular, of such evidence as a medical practitioner provides of his knowledge of English.]

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

(4)If a licensing authority decides—

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

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

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

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

(a)the decision;

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

(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.

[F19129CDealing with questions as to impairment of fitness to practiseU.K.

(1)Paragraph (2) applies if—

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

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

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

Restoration of licenceU.K.

29D Restoration of licenceU.K.

(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.

[F192(1A)Regulations by virtue of subsection (1) above may not include provision as to licences to practise that are withdrawn by virtue of section 41C below.]

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

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

(a)the decision;

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

(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.

Supplementary provisionsU.K.

29E EvidenceU.K.

(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.

[F193(2A)Regulations under section 29A above may include provision for or in connection with requiring a medical practitioner to supply information to a licensing authority (including information about his prospective, current or past employment as a medical practitioner) which, in the opinion of the licensing authority, will assist it in determining when and how to revalidate him.]

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

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

(b)any other person,

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

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

(a)revalidation; or

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

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

(5)Nothing in subsection (3) or (4) above shall require or permit any disclosure of information which is prohibited by or under any other enactment [F194or the [F195UK GDPR]] .

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

[F196(7)In determining for the purposes of subsection (5) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this section.]

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

(9)In this section “enactment” includes—

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

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

F197...

[F19829EA.Disclosure by a licensing authority of information relating to revalidationU.K.

(1)This section applies where—

(a)a medical practitioner participates in a revalidation pilot scheme and the medical practitioner’s revalidation under the scheme ceases before evaluation of the practitioner’s fitness to practise is complete; or

(b)a medical practitioner’s revalidation under this Part ceases before any decision is made as to—

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

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

(2)If the licensing authority considers it to be in the public interest to do so, the licensing authority may disclose any relevant information about the medical practitioner to—

(a)the Secretary of State, the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland or the Welsh Ministers; and

(b)any person of whom the licensing authority is aware—

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

(ii)with whom the practitioner has an arrangement to provide such services.

(3)In this section—

• “relevant information”, in relation to a medical practitioner, means information arising in the course of or otherwise in connection with such revalidation of the practitioner as is mentioned in subsection (1)(a) or (b); and

• “revalidation pilot scheme” means any voluntary pilot scheme for the purpose of determining when and how revalidation under this Part will operate (whether in relation to all medical practitioners or medical practitioners of any description).]

29F AppealsU.K.

(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.

[F199(1A)If a licensing authority decides under—

(a)[F200section 44C(8)] to refuse to grant a licence to practise to a medical practitioner; or

(b)[F201section 44C(9)(a)] to withdraw a licence to practise from a medical practitioner,

the practitioner may appeal to a Registration Appeals Panel.]

(2)Schedule 3B (which provides for the procedures to be followed before a Registration Appeals Panel) shall apply in relation to any appeal under subsection (1) [F202or (1A)] above.

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

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

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

29G GuidanceU.K.

(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—

[F203(za)for securing the grant of a licence to practise;]

(a)for the purposes of revalidation; or

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

[F204(1A)The information and documents to be provided, and other requirements to be satisfied, may relate to—

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

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

(2)[F205In preparing any guidance under subsection (1)(a)] in relation to revalidation, the General Council shall take into account such similarities as there may be between any information or documents to be provided, or any other requirements to be satisfied—

(a)for the purposes of revalidation; and

(b)for the purposes of any scheme for the appraisal of medical practitioners which applies within [F206any of the UK health services].

[F207(2A)The General Council must publish guidance relating to the evidence, information or documents to be provided for the purposes of demonstrating that a medical practitioner has the necessary knowledge of English.]

F208(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20929GAInformation for specified state professionalsU.K.

(1)The General Council must make information about the following matters available to specified state professionals—

(a)the relevant laws to be applied regarding disciplinary action, financial responsibility or liability and other relevant matters;

(b)the principles of discipline and enforcement of professional standards, including disciplinary jurisdiction and consequential effects on practising professional activities;

(c)the processes and procedures for the ongoing verification of competence;

(d)the criteria for, and procedures relating to, erasure from the register;

(e)the documentation required of specified state professionals and the form in which it should be presented; and

(f)the documents and certificates issued in relation to professional qualifications or other conditions that apply to the practice of registered medical practitioners that are acceptable to the General Council.

(2)The General Council must deal promptly with enquiries from specified state professionals about conditions that apply to the practice of registered medical practitioners.]