SCHEDULE
GENERAL MEDICAL COUNCIL
The Medical Practitioners (Voluntary Erasure and Restoration) Regulations 2000
The General Medical Council, in exercise of their powers under sections 31A and 32 of the Medical Act 19832and after consulting such bodies of persons representing medical practitioners as appeared to the Council to be requisite, hereby make the following regulations:—
1. Citation, commencement and interpretation
(1) These Regulations may be cited as the Medical Practitioners (Voluntary Erasure and Restoration) Regulations 2000 and shall come into force on 1st July 2000.
(2) In these Regulations—
“the Conduct Rules” means the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 19883;
“doctor” means a registered medical practitioner;
“the health screener” means the person appointed under rule 5(2) of the General Medical Council Health Committee (Procedure) Rules 19874to undertake the initial consideration of cases under Part II of those Rules;
“the professional conduct screeners” means one medical and one lay member5of the General Medical Council for the time being appointed by the Council under rule 4 of the Conduct Rules to undertake the initial consideration of cases under Part II of those Rules;
“the professional performance screeners” means one medical and one lay member of the General Medical Council for the time being appointed as screeners under rule 3 of the General Medical Council (Professional Performance) Rules 19976; and
“the register” means the register of medical practitioners maintained in accordance with section 2(1) of the Medical Act 19837.
2. Voluntary erasure of doctor’s name from the register
(1) Any doctor may apply to the Registrar in accordance with this regulation for his name to be erased from the register, and an application under this regulation may be referred to as an application for voluntary erasure.
(2) An application for voluntary erasure shall be made by a doctor in writing and shall include the following—
(a)
(a) the doctor’s name and his registration number,
(b)
(b) an address to which the Registrar is to send to the doctor all written communications relating to the application;
(c)
(c) a statement complying with paragraph (3) made and signed by the doctor;
(d)
(d) the name and address of his principal current employer, if any, or any body or organisation to which he is contracted to provide medical services or, if he is not currently employed or contracted, the name and address of his principal last employer or the body or organisation to which he was most recently contracted to provide medical services (disregarding any person for whom he works or worked otherwise than in a medical capacity); and
(e)
(e) a statement complying with paragraph (3) made by the person named in accordance with sub-paragraph (d) and signed by that person or by a director or officer of that person; and an application may be delivered by hand or sent by post to the Registrar.
(3) A statement complies with this paragraph if it either—
(a)
(a) states that the person making it is not aware of any proceedings or of any act or omission on the part of the doctor which might render him liable to be referred to the General Medical Council (including any Committee of the Council) in relation to his conduct; or
(b)
(b) gives particulars of any proceedings or act or omission which might render the doctor liable to be so referred.
(4) Subject to paragraphs (5) to (7), where an application for voluntary erasure which complies with paragraph (2) is received, the Registrar shall erase the name of the doctor from the register as soon as is reasonably practicable.
(5) In any case where an inquiry relating to the doctor has been opened before the Professional Conduct Committee under rule 24 of the Conduct Rules and not yet been finally disposed of under those Rules, the Registrar shall not erase the doctor’s name from the register under this regulation.
(6) In any other case where a complaint or information relating to the doctor is made or received which falls within rule 5(1) or 6(1) of the Conduct Rules, and the matter has not yet been finally disposed of, the Registrar shall not erase the doctor’s name from the register under this regulation except in accordance with paragraph (7).
(7) Where paragraph (6) applies, the Registrar shall not erase the doctor’s name unless the erasure is agreed—
(a)
(a) where the case has not been referred to the Preliminary Proceedings Committee or to the Professional Conduct Committee, by the professional conduct screeners;
(b)
(b) where the case has been referred to the Preliminary...
