(1) Where an allegation against a person is referred under section 35C(5)(b) above to the MPTS—
(a) the MPTS must arrange for the allegation to be considered by a Medical Practitioners Tribunal, and
(b) subsections (2) and (3) below shall apply.
(2) Where the Medical Practitioners Tribunal find that the person’s fitness to practise is impaired they may, if they think fit—
(a) except in a health case or language case, direct that the person’s name shall be erased from the register;
(b) direct that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding twelve months as may be specified in the direction; or
(c) direct that his registration shall be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in his interests.
(3) Where the Tribunal find that the person’s fitness to practise is not impaired they may nevertheless give him a warning regarding his future conduct or performance.
(4) Where a Medical Practitioners Tribunal have given a direction that a person’s registration be suspended—
(a) under subsection (2) above;
(b) under subsection (10) or (12) below; or
(c) under paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act,
subsections (4A) and (4B) below apply.
(4A) The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period of suspension; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.
(4B) The Registrar may, at any time prior to the expiry of the period of suspension, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal prior to that expiry; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.
(5) On a review arranged under subsection (4A) or (4B), a Medical Practitioners Tribunal may, if they think fit—
(a) direct that the current period of suspension shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction;
(b) except in a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, direct that the person’s name shall be erased from the register; ...
(c) direct that the person’s registration shall, as from the expiry of the current period of suspension or from such date before that expiry as may be specified in the direction, be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in his interests; or
(d) revoke the direction for the remainder of the current period of suspension,
but, subject to subsection (6) below, the Tribunal shall not extend any period of suspension under this section for more than twelve months at a time.
(6) In a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, a Medical Practitioners Tribunal may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—
(a) the period of suspension will, on the date on which the direction takes effect, have lasted for at least two years; and
(b) the direction is made not more than two months before the date on which the period of suspension would otherwise expire.
(7) Where a Medical Practitioners Tribunal have given a direction under subsection (6) above for a person’s period of suspension to be extended indefinitely, the Registrar shall refer the matter to the MPTS for them to arrange for a Medical Practitioners Tribunal to review the direction if—
(a) the person makes a request to the Registrar for there to be such a review;
(b) at least two years have elapsed since the date on which the direction took effect; and
(c) if the direction has previously been reviewed under this subsection, at least two years have elapsed since the date of the previous review.
(8) Where a matter is referred to the MPTS under subsection (7), the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and on such a review, the Tribunal may—
(a) confirm the direction;
(b) direct that the suspension be terminated; or
(c) direct that the person’s registration be conditional on his compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in his interests.
(9) Where—
(a) a direction that a person’s registration be subject to conditions has been given under—
(i) subsection (2), (5) or (8) above,
(ii) subsection (12) below,
(iii) paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, or
(iv) section 41A below; and
(b) the Registrar is of the opinion that that person has failed to comply with any requirement imposed on the person as such a condition,
subsection (9A) below applies.
(9A) The Registrar may refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.
(10) Where, on a review arranged under subsection (9A), the Tribunal judge the person concerned to have failed to comply with a requirement imposed as a condition such as is mentioned in subsection (9)(a), the Tribunal may, if they think fit—
(a) except in a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, direct that the person’s name shall be erased from the register; or
(b) direct that the person’s registration in the register shall be suspended during such period not exceeding twelve months as may be specified in the direction.
(11) Where, in a case which does not come within subsection (9) above, a direction that a person’s registration be subject to conditions has been given under subsection (2), (5) or (8) above or paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, subsections (11A) and (11B) below apply.
(11A) The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period for which the conditions apply; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.
(11B) The Registrar may, at any time prior to the expiry of the period for which the conditions apply, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.
(12) On a review arranged under subsection (11A) or (11B), a Medical Practitioners Tribunal may, if they think fit—
(a) except in a health case or language case or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, direct that the person’s name shall be erased from the register;
(b) direct that the person’s registration in the Register shall be suspended during such period not exceeding twelve months as may be specified in the direction;
(c) direct that the current period of conditional registration shall be extended for such further period from the time when it would otherwise expire as may be specified in the direction; or
(d) revoke the direction, or revoke or vary any of the conditions imposed by the direction, for the remainder of the current period of conditional registration,
but the Tribunal shall not extend any period of conditional registration under this section for more than three years at a time.
(13) Where a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to give or make a direction, revocation or variation under subsection (5), (6), (8), (10) or (12) above, but the person concerned and the General Council have agreed in writing to the terms of such a direction, revocation or variation—
(a) the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may give a direction or make a revocation or variation on the agreed terms; or
(b) if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose.
(14) A direction, revocation or variation given or made under subsection (13)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).
(1) Where, under section 35D above, a Medical Practitioners Tribunal—
(a) give a direction that a person’s name shall be erased from the register;
(b) give a direction for suspension;
(c) give a direction for conditional registration; or
(d) vary any of the conditions imposed by a direction for conditional registration,
the MPTS shall forthwith serve on the person concerned notification of the direction or variation and of his right to appeal against it under section 40 below.
(1A) Where, under section 35D, a Medical Practitioners Tribunal—
(a) give a direction or make a variation as mentioned in subsection (1),
(b) give a direction that a suspension be terminated,
(c) revoke a direction for conditional registration or a condition imposed by such a direction, or
(d) decide not to give a direction,
the MPTS shall forthwith serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction, variation, revocation or decision.
(1B) A notification under subsection (1A) must state whether, in giving the direction or making the variation, revocation or decision, the Tribunal took any undertakings into account in accordance with rules containing provision by virtue of paragraph 1(2C) of Schedule 4.
(2) In subsection (1) above—
(a) references to a direction for suspension include a reference to a direction extending a period of suspension; and
(b) references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.
(3) While a person’s registration in the register is suspended by virtue of a direction under section 35D—
(a) he shall be treated as not being registered in the register notwithstanding that his name still appears in it, but
(b) sections 31A, 35C, 35CC and 35D above, this section and section 39 below shall continue to apply to him.
(3A) In exercising a function under section 35D, a Medical Practitioners Tribunal must have regard to the over-arching objective.
(4) In section 35D above, “health case” means any case in which a Medical Practitioners Tribunal have determined that—
(a) a person’s fitness to practise is impaired by reason of a matter falling within paragraph (d) of subsection (2) of section 35C above, but
(b) the person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (da).
(5) In section 35D, “language case” means any case in which a Medical Practitioners Tribunal have determined that—
(a) a person’s fitness to practise is impaired by reason of a matter falling within paragraph (da) of subsection (2) of section 35C, but
(b) that person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (d).
(1) 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.
(2) 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.
(3) 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—
(a) the direction takes effect in accordance with—
(i) paragraph 10, 10A or 10B of Schedule 4 to this Act; ...
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an appeal against it under section 40 below or paragraph 5A(5) or 5C(7) of Schedule 4 is (otherwise than by the dismissal of the appeal) determined.
(4) 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.
(5) 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.
(6) 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.
(7) Notwithstanding subsection (6) above, sections 35C to 35E above shall continue to apply to a person whose registration in the register is suspended.
(8) 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.
(9) In this section “the relevant court” has the same meaning as in section 40(5) below.
(1) If the Registrar is satisfied that any entry in—
(a) the register;
(b) the General Practitioner Register; or
(c) the Specialist Register,
has been fraudulently procured or incorrectly made, the Registrar may erase the entry from the appropriate register.
(2) 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.
(1) The following decisions are appealable decisions for the purposes of this section, that is to say—
(a) a decision of a Medical Practitioners Tribunal under section 35D above giving a direction for erasure, for suspension or for conditional registration or varying the conditions imposed by a direction for conditional registration;
(b) a decision of a Medical Practitioners Tribunal under section 41(9) below giving a direction that the right to make further applications under that section shall be suspended indefinitely; ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A) A decision under regulations made—
(a) under section 31 above by virtue of subsection (8) of that section; or
(b) under section 31A(1)(c) above,
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.
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (1) above—
(a) references to a direction for suspension include a reference to a direction extending a period of suspension; and
(b) references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.
(4) 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.
(4A) 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.
(5) In subsections (4) and (4A) above, “the relevant court”—
(a) in the case of a person whose address in the register is (or if he were registered would be) in Scotland, means the Court of Session;
(b) in the case of a person whose address in the register is (or if he were registered would be) in Northern Ireland, means the High Court of Justice in Northern Ireland; and
(c) in the case of any other person ... , means the High Court of Justice in England and Wales.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) On an appeal under this section from a Medical Practitioners Tribunal , the court may—
(a) dismiss the appeal;
(b) allow the appeal and quash the direction or variation appealed against;
(c) substitute for the direction or variation appealed against any other direction or variation which could have been given or made by a Medical Practitioners Tribunal; or
(d) remit the case to the MPTS for them to arrange for a Medical Practitioners Tribunal to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
(7A) 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.
(8) On an appeal under this section from the General Council, the court (or the sheriff) may—
(a) dismiss the appeal;
(b) allow the appeal and quash the direction appealed against ...; or
(c) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff),
and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.
(9) 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.
(1) This section applies to any of the following decisions by a Medical Practitioners Tribunal—
(a) a decision under section 35D giving—
(i) a direction for suspension, including a direction extending a period of suspension;
(ii) a direction for conditional registration, including a direction extending a period of conditional registration;
(iii) a direction varying any of the conditions imposed by a direction for conditional registration;
(b) a decision under paragraph 5A(3D) or 5C(4) of Schedule 4 giving—
(i) a direction for suspension;
(ii) a direction for conditional registration;
(c) a decision under section 35D—
(i) giving a direction that a suspension be terminated;
(ii) revoking a direction for conditional registration or a condition imposed by such a direction;
(d) a decision not to give a direction under section 35D;
(e) a decision under section 41 giving a direction that a person’s name be restored to the register;
(f) a decision not to give a direction under paragraph 5A(3D) or 5C(4) of Schedule 4.
(2) A decision to which this section applies is referred to below as a “relevant decision”.
(3) 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.
(4) Consideration of whether a decision is sufficient for the protection of the public involves consideration of whether it is sufficient—
(a) to protect the health, safety and well-being of the public;
(b) to maintain public confidence in the medical profession; and
(c) to maintain proper professional standards and conduct for members of that profession.
(5) 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.
(6) On an appeal under this section, the court may—
(a) dismiss the appeal;
(b) allow the appeal and quash the relevant decision;
(c) substitute for the relevant decision any other decision which could have been made by the Tribunal; or
(d) remit the case to the MPTS for them to arrange for a Medical Practitioners Tribunal to dispose of the case in accordance with the directions of the court,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
(7) In this section and section 40B, “relevant court” has the meaning given by section 40(5).
40B Appeal under section 40A: role of Professional Standards Authority for Health and Social Care
(1) If the General Council bring an appeal under section 40A—
(a) the Registrar must without delay give notice of the appeal to the Professional Standards Authority for Health and Social Care (“the Authority”); and
(b) the Authority may not refer the case to which the appeal relates under section 29 of the National Health Service Reform and Health Care Professions Act 2002 (“the 2002 Act”).
(2) The Authority may, in spite of subsection (1)(b), become a party to the appeal by giving notice to that effect to the relevant court, the General Council and the person to whom the relevant decision relates; and—
(a) the Authority does not require the permission of the relevant court to become a party to the appeal; and
(b) accordingly, any provision of rules of court requiring an application for such permission does not apply to the Authority.
(3) Having become a party to an appeal under section 40A by virtue of subsection (2) of this section, the Authority may make representations or file evidence in the appeal at any time before the end of the hearing of the appeal; but where it does so at a time which would, but for this subsection, have been in breach of a time limit imposed by rules of court, the relevant court may impose such conditions as it thinks fit.
(4) The matters which the Authority may raise on an appeal under section 40A include any matter which it could have raised on a reference of the case under section 29 of the 2002 Act.
(5) Where the Authority raises matters on an appeal under section 40A, the General Council and the person to whom the relevant decision relates have the same opportunity to respond as they would have if the Authority had raised the matters on a reference of the case under section 29 of the 2002 Act (and the General Council and person concerned had accordingly been respondents by virtue of subsection (7) of that section).
(6) If the General Council wish to withdraw an appeal under section 40A or, having agreed the terms of a settlement of the appeal with the person concerned, wish the appeal to be disposed of on those terms, they must give notice of their wish to the Authority (whether or not the Authority is a party to the appeal).
(7) The Authority, having received a notice under subsection (6), must by notice inform the relevant court, the General Council and the person concerned whether it wishes the proceedings on the appeal to continue.
(8) Where the Authority gives notice under subsection (7) that it wishes the proceedings to continue, they are to continue but are, from the time when the Authority gives its notice to the relevant court under subsection (7), to be treated as proceedings on a reference made by the Authority to the court under section 29 of the 2002 Act.
(9) In a case within subsection (8), the Authority must give notice to the relevant court, the General Council and the person concerned specifying the grounds of its case; and the General Council and the person concerned (as respondents to the appeal by virtue of section 29(7) of the 2002 Act) have the opportunity to respond accordingly.
(10) A requirement in this section to give a notice to a specified person is in addition to such requirements as are imposed by rules of court in relation to the persons to whom notice is to be given; and the giving of notice under this section is subject to such other requirements relating to the giving of notices as are imposed by rules of court.
(1) 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.
(2) No application for the restoration of a name to the register under this section shall be made...—
(a) before the expiration of five years from the date of erasure; or
(b) in any period of twelve months in which an application for the restoration of his name has already been made by or on behalf of the person whose name has been erased.
(3) 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.
(3A) 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.
(4) 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.
(5) 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.
(6) 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.
(6A) 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) whether the assessment was carried out,
(b) whether any requirements imposed in respect of the assessment were complied with, and
(c) if the assessment was carried out, the results of the assessment.
(7) 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.
(8) 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.
(8A) 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.
(9) 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.
(10) 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.
(11) 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.
(12) In exercising a function under this section, a Medical Practitioners Tribunal must have regard to the over-arching objective.
(A1) Where a matter is referred under section 35C(8) to the MPTS, the MPTS must arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal to decide whether to make an order as mentioned in that provision.
(1) Where an Interim Orders Tribunal or a Medical Practitioners Tribunal in arrangements made under subsection (A1), or a Medical Practitioners Tribunal on their consideration of a matter, are satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of a fully registered person, for the registration of that person to be suspended or to be made subject to conditions, the Tribunal may make an order—
(a) that his registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding eighteen months as may be specified in the order (an “interim suspension order”); or
(b) that his registration shall be conditional on his compliance, during such period not exceeding eighteen months as may be specified in the order, with such requirements so specified as the Tribunal think fit to impose (an “order for interim conditional registration”).
(2) Subject to subsection (9) below, where an Interim Orders Tribunal or a Medical Practitioners Tribunal have made an order under subsection (1) above, an Interim Orders Tribunal or a Medical Practitioners Tribunal—
(a) shall review it within the period of six months beginning on the date on which the order was made, and shall thereafter, for so long as the order continues in force, further review it—
(i) before the end of the period of six months beginning on the date of the decision of the immediately preceding review; or
(ii) if after the end of the period of three months beginning on the date of the decision of the immediately preceding review the person concerned requests an earlier review, as soon as practicable after that request; and
(b) may review it where new evidence relevant to the order has become available after the making of the order.
(3) Where an interim suspension order or an order for interim conditional registration has been made in relation to any person under any provision of this section (including this subsection), an Interim Orders Tribunal or a Medical Practitioners Tribunal may, subject to subsection (4) below—
(a) revoke the order or revoke any condition imposed by the order;
(b) vary any condition imposed by the order;
(c) 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 interests of the person concerned, replace an order for interim conditional registration with an interim suspension order having effect for the remainder of the term of the former; or
(d) 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 interests of the person concerned, replace an interim suspension order with an order for interim conditional registration having effect for the remainder of the term of the former.
(3A) Where an Interim Orders Tribunal or a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to make an order under subsection (3) above, but the person concerned and the General Council have already agreed in writing to the terms of such an order—
(a) the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may make an order on the agreed terms; or
(b) if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose.
(3B) An order made under subsection (3A)(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 made by the Tribunal under subsection (3).
(4) No order under subsection (1) or (3)(b) to (d) above shall be made by a Tribunal in respect of any person unless he has been afforded an opportunity of appearing before the Tribunal and being heard on the question of whether such an order should be made in his case....
(5) If an order is made under any provision of this section, the MPTS shall without delay serve a notification of the order on the person to whose registration it relates.
(6) The General Council may apply to the relevant court for an order made by an Interim Orders Tribunal or a Medical Practitioners Tribunal under subsection (1) or (3) above to be extended, and may apply again for further extensions.
(7) On such an application the relevant court may extend (or further extend) for up to 12 months the period for which the order has effect.
(8) Any reference in this section to an interim suspension order, or to an order for interim conditional registration, includes a reference to such an order as so extended.
(9) For the purposes of subsection (2) above the first review after the relevant court’s extension of an order made by an Interim Orders Tribunal or a Medical Practitioners Tribunal or after a replacement order made by an Interim Orders Tribunal or a Medical Practitioners Tribunal under subsection (3)(c) or (d) above shall take place—
(a) if the order (or the order which has been replaced) had not been reviewed at all under subsection (2), within the period of six months beginning on the date on which the relevant court ordered the extension or on which a replacement order under subsection (3)(c) or (d) was made; and
(b) if it had been reviewed under the provision, within the period of three months beginning on that date.
(10) Where an order has effect under any provision of this section, the relevant court may—
(a) in the case of an interim suspension order, terminate the suspension;
(b) in the case of an order for interim conditional registration, revoke or vary any condition imposed by the order;
(c) in either case, substitute for the period specified in the order (or in the order extending it) some other period which could have been specified in the order when it was made (or in the order extending it),
and the decision of the relevant court under any application under this subsection shall be final.
(11) Except as provided in subsection (12) below, while a person’s registration in the register is suspended by virtue of an interim suspension order under this section he shall be treated as not being registered in the register notwithstanding that his name still appears in the register.
(12) Notwithstanding subsection (11) above, sections 31A, 35C to 35E and 39 above shall continue to apply to a person whose registration in the register is suspended.
(13) This section applies to a provisionally registered person ... whether or not the circumstances are such that he falls within the meaning in this Act of the expression “fully registered person”.
(14) In this section “the relevant court” has the same meaning as in section 40(5) above.
41C Effect of directions or orders on a licence to practise
(1) Where under this Part ...—
(a) a direction is given that a medical practitioner’s name be erased from the register; or
(b) an order is made or a direction is given that his registration as a medical practitioner be suspended,
the practitioner’s licence to practise shall be withdrawn with effect from the date when the direction or order has effect.
(2) Where a medical practitioner’s registration has been suspended and—
(a) that suspension expires without being further extended;
(b) the suspension is brought to an end without any direction for erasure or further suspension being made,
the practitioner’s licence to practise shall be restored with effect from the date on which the suspension comes to an end.
43 Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals
Schedule 4 to this Act (which contains supplementary provisions about proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals) shall have effect.
44 Effect of disqualification in ... relevant European State on registration in the United Kingdom.
(1) 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.
(2) 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—
(a) expressed to be made on the grounds that he has committed a criminal offence or on grounds related to his professional conduct, professional performance or physical or mental health; and
(b) having in that State the effect either that he is no longer registered or otherwise officially recognised as a medical practitioner, or that he is prohibited (whether on a permanent or temporary basis) from practising medicine there.
(3) 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.
(4) A decision under—
(a) subsection (1) above not to register a person; or
(b) subsection (3) above to remove a person’s name from the register,
is an appealable registration decision for the purposes of Schedule 3A to this Act.
(5) 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—
(a) a Medical Practitioners Tribunal may direct that his registration be suspended for such period, not exceeding the length of the first-mentioned period, as the Tribunal think fit, and the period of suspension shall begin on a date to be specified in the Tribunal’s direction; and
(b) sections 35E(1) and (3) and 40 and paragraphs 1, 2, 3, 7, 8, 9, 10, 12 and 13 of Schedule 4 to this Act shall have effect, with any necessary modifications, in relation to suspension under this subsection.
(5A) In deciding whether to give a direction under subsection (5)(a), a Medical Practitioners Tribunal must have regard to the over-arching objective.
(6) 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.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44B Provision of information in respect of fitness to practise matters
(1) If a person has been registered by virtue of any provision of this Act ... and it is subsequently shown to the satisfaction of the Registrar that—
(a) his fitness to practise was impaired at the time of his registration as a result of serious, specific circumstances or because of a problem with his physical or mental health; and
(b) he had not informed the Registrar of those circumstances or that problem before his registration,
the Registrar may erase that person’s name from the register.
(2) The General Council may by regulations make provision for the information to be provided to the Registrar—
(a) by or in respect of a person seeking registration by virtue of any provision of this Act ... for the purpose of determining whether his fitness to practise is impaired;
(b) by or in respect of a person who is fully registered ... or provisionally registered, for the purpose of determining whether his fitness to practise was impaired at the time of his registration as a result of serious, specific circumstances or because of a problem with his physical or mental health.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The Registrar may—
(a) refuse to register (even if he is directed by the General Council to do so) any person who fails to comply with, or in respect of whom there is a failure to comply with, regulations made under subsection (2)(a) above;
(b) erase from the register the name of any person who fails to comply with, or in respect of whom there is a failure to comply with, regulations made under subsection (2)(b) above.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) Regulations under subsection (2) above shall not have effect until approved by order of the Privy Council.
(11) Any provision made under subsection (2)(a) has effect subject to section 44BA below.
44BA Fitness to practise of exempt persons: sufficient evidence
(1) Subsections (2) to (5) apply in relation to an exempt person (“E”) who applies for registration under section 3(1)(b), 14A or 19A of this Act.
(2) For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which—
(a) attests to E's good physical and mental health; and
(b) is required of a person who wishes to practise medicine in E's attesting State.
(3) If no such certificate is required of persons who wish to practise medicine in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which—
(a) attests to E's good physical and mental health; and
(b) is issued by a competent authority in E's attesting State.
(4) For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate which—
(a) attests to E's good character or good repute; and
(b) is issued by a competent authority in E's attesting State.
(5) If no such certificate is issued by a competent authority in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate—
(a) attesting to the authenticity of a declaration on oath made by E—
(i) before a competent judicial or administrative authority, notary or qualified professional body of E's attesting State, and
(ii) attesting to E's good character; and
(b) issued by the authority, notary or body referred to in paragraph (a)(i).
In this subsection, “declaration on oath” includes a solemn declaration.
(6) In subsections (2) to (5) the “attesting State”, in relation to E, is—
(a) the relevant European State in which E obtained his medical qualification; or
(b) (if different) the relevant European State from which E comes to the United Kingdom.
(7) The Registrar shall not accept any certificate referred to in subsection (2), (3), (4) or (5) if it is presented more than three months after the date on which it was issued.
(1) A person who holds a licence to practise as a medical practitioner, and practises as such, must have in force in relation to him an indemnity arrangement which provides appropriate cover for practising as such.
(2) For the purposes of this section, an “indemnity arrangement” may comprise—
(a) a policy of insurance;
(b) an arrangement for the purposes of indemnifying a person;
(c) a combination of the two.
(3) For the purposes of this section, “appropriate cover”, in relation to practice as a medical practitioner, means cover against liabilities that may be incurred in practising as such which is appropriate, having regard to the nature and extent of the risks of practising as such.
(4) The General Council may make regulations in connection with the information to be provided to the Registrar—
(a) by or in respect of a person seeking a licence to practise for the purpose of determining whether, if he is granted such a licence, there will be in force in relation to him by the time he begins to practise an indemnity arrangement which provides appropriate cover; and
(b) by or in respect of a person who holds a licence to practise for the purpose of determining whether there is in force in relation to him an indemnity arrangement which provides appropriate cover.
(5) Regulations made under subsection (4)(b) may require the information mentioned there to be provided—
(a) at the request of the Registrar; or
(b) on such dates or at such intervals as the Registrar may determine, either generally or in relation to individual practitioners or practitioners of a particular description.
(6) The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there ceases to be in force in relation to him an indemnity arrangement which provides appropriate cover.
(7) The General Council may also make regulations requiring a person who holds a licence to practise to inform the Registrar if there is in force in relation to him appropriate cover provided under an indemnity arrangement by an employer.
(8) A licensing authority may refuse to grant a licence to practise to any person who fails to comply, or in respect of whom there is a failure to comply, with regulations made under subsection (4)(a).
(9) Where a person who holds a licence to practise is in breach of subsection (1) or there is a failure to comply with regulations made under subsection (4)(b) in relation to him—
(a) a licensing authority may withdraw that person's licence to practise; or
(b) the breach or failure may be treated as misconduct for the purposes of section 35C(2)(a) , and the Registrar may accordingly refer the matter to the Investigation Committee under section 35C(4).
(10) Regulations made under subsection (4), (6) or (7) shall not have effect until approved by the Privy Council.
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Unless the Registrar otherwise directs in relation to a particular person, a person who is registered under section 3(1)(a) or 21B above after the coming into force of this section shall, before his first revalidation in accordance with Part 3A above after he is registered, practise medicine in the United Kingdom only in a practice setting—
(a) where he is subject to a governance system that includes, but is not limited to, provision for appropriate supervision and appraisal arrangements or assessments; and
(b) which is, or which is of a type which is, for the time being recognised by the General Council, either generally or in relation to him or to practitioners of his class, as being acceptable for a practitioner who is newly fully registered.
(2) Unless the Registrar otherwise directs in relation to a particular person, a person whose name is restored to the register after the coming into force of this section shall, before his first revalidation in accordance with Part 3A above after his name is restored to the register, practise medicine in the United Kingdom only in a practice setting—
(a) where he is subject to a governance system that includes, but is not limited to, provision for appropriate supervision and appraisal arrangements or assessments; and
(b) which is, or which is of a type which is, for the time being recognised by the General Council, either generally or in relation to him or to practitioners of his class, as being acceptable for a practitioner who is newly restored to the register.
(3) The General Council may limit their recognition of—
(a) a particular practice setting so that it is recognised in relation only to one or more particular practitioners or particular classes of practitioner;
(b) a particular type of practice setting so that it is recognised in relation only to one or more particular classes of practitioner.
(4) The General Council may exclude a particular practice setting from their recognition of a particular type of practice setting—
(a) in relation to all practitioners; or
(b) in relation to one or more particular classes of practitioner.
(5) The General Council may at any time vary or withdraw their recognition from a particular practice setting or a particular type of practice setting.
(6) An example of a valid reason for withdrawing recognition from a particular practice setting, or excluding a particular practice setting from recognition of a particular type of practice setting, is that the relevant governance system operated there is not quality assured by a body that is acceptable to the General Council as a provider of quality assurance.
(7) If—
(a) a person starts practising medicine in a practice setting that is, or is of a type that is, recognised under whichever is appropriate of subsection (1)(b) or (2)(b) above, either generally or in relation to practitioners of his class; and
(b) while he is practising medicine there, it ceases to be so recognised,
it is to be treated as continuing to be recognised in relation to the particular practitioner while he continues to practise medicine there.
(8) The General Council may by regulations make provision for the information to be provided to the Registrar by or in respect of a fully registered person for the purposes of determining whether or not he is in breach of subsection (1) or (2) above.
(9) If a fully registered person—
(a) is in breach of subsection (1) or (2) above; or
(b) fails to comply with regulations made under subsection (8) above, or there is a failure to comply with those regulations in respect of him,
the breach or failure may be treated as misconduct for the purposes of section 35C(2)(a) above, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) above.
(10) Regulations under subsection (8) above shall not have effect until approved by order of the Privy Council.
(11) The General Council may publish guidance for practitioners who—
(a) are newly fully registered or whose names are newly restored to the register; but
(b) are not subject to the requirements imposed by subsection (1) and (2),
on what are suitable practice settings for them before their first revalidation in accordance with Part 3A above after being registered or before their names are restored to the register.
45A Requirement to nominate or appoint responsible officer
(1) The appropriate authority may by regulations make provision for or in connection with requiring designated bodies to nominate or appoint persons who are to have such responsibilities as may be conferred on them by virtue of section 45B.
(2) A person who is so nominated or appointed by a designated body is to be known as its responsible officer (but this is subject to any provision made by virtue of subsection (5)(e)).
(3) In this Part “designated body” means—
(a) a body falling within any description of bodies prescribed for the purposes of this section, or
(b) any other body prescribed for those purposes.
(4) The descriptions of bodies, or particular bodies, that may be so prescribed are descriptions of bodies, or particular bodies, appearing to the appropriate authority—
(a) to provide, or arrange for the provision of, health care, or
(b) to employ or contract with medical practitioners.
(5) Regulations under this section may make provision—
(a) for conditions that must be satisfied in relation to a person if that person is to be nominated or appointed as, or remain as, a responsible officer of a designated body,
(b) authorising or requiring a designated body to nominate or appoint more than one responsible officer,
(c) for a single person to be nominated or appointed as the responsible officer for each of two or more designated bodies where those bodies are satisfied as to the prescribed matters,
(d) requiring a designated body that has a responsible officer to provide to the officer, or, if that designated body does not employ the officer, to the employer of the officer, funds and other resources necessary for enabling the officer to discharge the officer's prescribed responsibilities as a responsible officer for the designated body,
(e) for the persons nominated or appointed as mentioned in subsection (1) to be known by such name as is prescribed, and
(f) for making such amendments of any enactment as appear to the appropriate authority to be required in connection with any provision made by virtue of paragraph (e).
(6) The conditions imposed under subsection (5)(a) may in particular include a requirement for the designated body to consult the General Council before nominating or appointing any person as a responsible officer for the body.
(7) Regulations under this section may in prescribed cases provide that a responsible officer for a designated body is to be nominated by the appropriate authority instead of the designated body.
(8) In this section—
“enactment” includes any provision of, or any instrument made under, Northern Ireland legislation;
“health care” means services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness;
“illness” has the same meaning as in section 25(1) of the Health Act 2006.
(1) Regulations under section 45A may make provision for or in connection with—
(a) conferring on the responsible officer or officers for a designated body responsibilities relating to the evaluation of the fitness to practise of medical practitioners having a prescribed connection with that body, and
(b) requiring a responsible officer for a designated body to co-operate with the General Council, any of its committees, or any persons authorised by the General Council, in connection with the exercise by any of them of functions under Part 3A or 5 of this Act.
(2) Where a designated body has more than one responsible officer, regulations under section 45A may make provision for or in connection with the division of prescribed responsibilities among those officers, including provision for the division to be determined by the designated body.
(3) The power by virtue of subsection (1)(a) to prescribe the connection between a medical practitioner and a designated body includes, in particular, power to prescribe a connection based on any of the following circumstances—
(a) the practitioner being employed by the designated body,
(b) the practitioner providing services to the designated body,
(c) the practitioner being employed by a person who provides services to the designated body,
(d) the practitioner providing services in the geographical area in relation to which the designated body exercises functions in relation to the provision of any of the UK health services, or
(e) the practitioner being employed by or providing services to, or pursuant to arrangements made by, a body which is located in the geographical area in relation to which the designated body exercises functions in relation to the provision of any of the UK health services but is not itself a designated body.
(4) A designated body may confer on any of its responsible officers such powers as it considers appropriate to enable the officer to discharge any of the officer's prescribed responsibilities as a responsible officer for the body.
(5) If a designated body requires any of its responsible officers to carry out any functions other than the officer's prescribed responsibilities, it must in doing so have regard to the officer's prescribed responsibilities.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45C Regulations under section 45A: further provisions
(1) Regulations under section 45A may—
(a) create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and
(b) create other procedures for enforcing any provisions of the regulations.
(2) Regulations under section 45A may require a designated body or a responsible officer to have regard to any guidance given from time to time by the appropriate authority or any other prescribed person in relation to the nomination or appointment of responsible officers or their prescribed responsibilities.
(3) Regulations under section 45A may make provision requiring—
(a) a body which employs, or is provided with services by, a medical practitioner, or which arranges for others to be provided with services by a medical practitioner, but which is not a designated body, or
(b) a medical practitioner,
to provide, to the responsible officer with prescribed responsibilities relating to that medical practitioner or to the designated body for which the officer is a responsible officer or, if that designated body does not employ the responsible officer, to the employer of the officer, funds and other resources necessary for enabling the responsible officer to discharge the officer's prescribed responsibilities relating to that medical practitioner.
(4) Regulations under section 45A may make provision for or in connection with requiring prescribed persons to supply information or produce documents to a responsible officer in connection with the discharge of the prescribed responsibilities of the responsible officer.
(1) This Part binds the Crown.
(2) No contravention by the Crown of any provision of this Part or regulations made under this Part makes the Crown criminally liable; but the High Court (or, in Scotland, the Court of Session) may declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) The provisions of this Part apply to persons in the service of the Crown as they apply to other persons.
(4) Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in this Act.
45E Regulations under section 45A: supplementary provisions
(1) The power of the Secretary of State to make regulations under section 45A is exercisable by statutory instrument.
(2) Before making any regulations under section 45A, the Secretary of State must consult—
(a) the Scottish Ministers, if the regulations extend to Scotland, and
(b) the Welsh Ministers, if the regulations apply to Wales.
(3) A statutory instrument that—
(a) contains regulations made by the Secretary of State under section 45A, and
(b) is not subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament,
is subject to annulment in pursuance of a resolution of either House of Parliament.
(4) The Secretary of State may not make a statutory instrument containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Secretary of State by virtue of section 45B unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(5) The power of the Department of Health, Social Services and Public Safety in Northern Ireland to make regulations under section 45A is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
(6) A statutory rule that—
(a) contains regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 45A, and
(b) is not subject to a requirement that a draft of the statutory rule be laid before, and approved by a resolution of, the Northern Ireland Assembly,
is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(7) The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations under section 45A that include provision made by the Department by virtue of section 45B unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(8) Regulations under section 45A may make different provision for different cases.
In this Part—
“the appropriate authority” means—
in relation to England and Wales or Scotland, the Secretary of State, or
in relation to Northern Ireland, the Department of Health, Social Services and Public Safety in Northern Ireland;
“designated body” has the meaning given by section 45A(3);
“prescribed” means prescribed by regulations under section 45A.
(1) Except as provided in subsection (2A) below, no person shall be entitled to recover any charge in any court of law for any medical advice or attendance, or for the performance of any operation, ... unless he proves that he is fully registered and holds a licence to practise.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Subsection (1) above shall not apply to fees in respect of medical services lawfully provided—
(a) under arrangements to provide services as part of ... any of the UK health services;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) by a person who is a member of a profession regulated by a body, apart from the General Council, mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
(3) Where a practitioner is a fellow of a college of physicians, fellows of which are prohibited by byelaw from recovering by law their expenses, charges or fees, then, notwithstanding that he is fully registered and holds a licence to practise, the prohibitory byelaw, so long as it is in force, may be pleaded in bar of any legal proceedings instituted by him for the recovery of expenses, charges or fees.
47 Appointments not to be held except by fully registered medical practitioners who hold licences to practise.
(1) Subject to subsection (2) below, only a person who is fully registered and who holds a licence to practise may hold an appointment as physician, surgeon or other medical officer—
(a) in the naval, military or air service,
(b) in any hospital or other place for the reception of persons suffering from mental disorder, or in any other hospital, infirmary or dispensary not supported wholly by voluntary contributions,
(c) in any prison, or
(d) in any other public establishment, body or institution,
or to any friendly or other society for providing mutual relief in sickness, infirmity or old age.
(2) Nothing in this section shall prevent any person who is not a Commonwealth citizen from being and acting as the resident physician or medical officer of any hospital established exclusively for the relief of foreigners in sickness, so long as he—
(a) has obtained from a foreign university a degree or diploma of doctor in medicine and has passed the regular examinations entitling him to practise medicine in his own country, and
(b) is engaged in no medical practice except as such a resident physician or medical officer.
(3) None of the suspension events mentioned in subsection (4) below shall terminate any appointment such as is mentioned in subsection (1) above, but the person suspended shall not perform the duties of such an appointment during the suspension.
(4) The suspension events are—
(a) the suspension of registration of a person by a Medical Practitioners Tribunal—
(i) following a finding of impairment of fitness to practise by reason of deficient professional performance or adverse physical or mental health under section 35D above, or
(ii) under paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act;
(b) an order for immediate suspension by a Medical Practitioners Tribunal under section 38(1) above; or
(c) an interim suspension order by an Interim Orders Tribunal or a Medical Practitioners Tribunal under section 41A above (or such an order as extended under that section).
48 Certificates invalid if not signed by fully registered medical practitioners who hold licences to practise.
A certificate required by any enactment, whether passed before or after the commencement of this Act, from any physician, surgeon, licentiate in medicine and surgery or other medical practitioner shall not be valid unless the person signing it is fully registered and holds a licence to practise.
(1) ... any person who wilfully and falsely pretends to be or takes or uses the name or title of physician, doctor of medicine, licentiate in medicine and surgery, bachelor of medicine, surgeon, general practitioner or apothecary, or any name, title, addition or description implying that he is registered under any provision of this Act, or that he is recognised by law as a physician or surgeon or licentiate in medicine and surgery or a practitioner in medicine or an apothecary, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit.
(4) Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (3) above shall be paid to the treasurer of the General Council.
49A Penalty for pretending to hold a licence to practise
(1) If a person who does not hold a licence to practise—
(a) holds himself out as having such a licence; or
(b) engages in conduct calculated to suggest that he has such a licence,
he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Any penalty to which a person is liable on summary conviction under subsection (1) above may be recovered in Scotland by any person before the sheriff or the district court who may, on the appearance or the default to appear of the accused, proceed to hear the complaint, and where the offence is proved or admitted the sheriff or court shall order the accused to pay the penalty as well as such expenses as the sheriff or court shall think fit.
(3) Any sum of money arising from conviction and recovery of penalties as mentioned in subsection (2) above shall be paid to the Treasurer of the General Council.
(1) If at any time it appears to the Privy Council that—
(a) the General Council have failed to secure the maintenance of the prescribed standard of proficiency at examinations; or
(b) the General Council ought to exercise any power, perform any duty, or do any act or thing vested in, imposed on or authorised to be done by them, by any provision of this Act except section 7, 10A or 32(1) to (3), (7) or (9) ... or paragraph 7 of Schedule 4 to this Act,
the Privy Council may notify their opinion to the General Council....
(2) If the General Council fail to comply with any directions of the Privy Council relating to a notification given under subsection (1) above, the Privy Council may themselves give effect to those directions, and for that purpose may exercise any power vested in the General Council or do any act or thing authorised to be done by that Council and may of their own motion do any act or thing which under this Act they are authorised to do in pursuance of a representation or suggestion from the General Council.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51 Exercise of powers to make Orders in Council and other orders.
(1) Any power of the Privy Council to make orders under the provisions of this Act ... shall be exercisable by statutory instrument.
(2) Except as provided in subsection (3) below, any statutory instrument containing an Order in Council or order of the Privy Council under any provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Subsection (2) above does not apply to—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) an order of the Privy Council under section... 31(10) above.
(1) Any power vested in the Privy Council by this Act may be exercised by any two or more of the lords and others of the Council.
(2) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the clerk of the Council, and an order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council, and an instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.
52A Annual reports, statistical reports and strategic plans
(1) The General Council shall publish, by such date in each year as the Privy Council shall specify—
(a) a report on the exercise of their functions which includes a description of the arrangements that the General Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006);
(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the General Council have put in place to protect members of the public from persons who are provisionally registered or fully registered and whose fitness to practise is impaired, together with the General Council’s observations on the report; and
(c) a strategic plan for the General Council in respect of such number of years as the General Council shall determine.
(2) The General Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.
(1) The MPTS must publish, by such date in each year as the Privy Council specifies—
(a) a report on the nature and volume of cases referred to the MPTS;
(b) a report on the exercise of the MPTS’s functions which includes a description of the arrangements that the MPTS have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” each have the meaning given in section 8(2) of the Equality Act 2006);
(c) a report on the points of learning which the MPTS have identified and their proposals for addressing each of those points.
(2) The MPTS must submit copies of the reports published under subsection (1) to the Privy Council; and the Privy Council must lay copies of the reports before each House of Parliament.