SCHEDULE
THE GENERAL MEDICAL COUNCIL (RESTORATION FOLLOWING ADMINISTRATIVE ERASURE) REGULATIONS 2004
The General Medical Council, in exercise of its powers under section 31 of the Medical Act 19833, and of all other powers enabling it in that behalf, hereby makes the following Regulations—
Arrangement of Regulations
1. Citation and commencement
2. Interpretation
3. Restoration applications
4. Restoration procedure where fitness to practise issues arise
5. Revocation
6. Transitional arrangements
1. Citation and commencement
These Regulations may be cited as the General Medical Council (Restoration following Administrative Erasure) Regulations 2004, and shall come into force on 1 November 2004.
2. Interpretation
In these Regulations—
“the Act” means the Medical Act 1983;
“applicant” means a person applying for his name to be restored to the register in accordance with regulation 3;
“Case Examiner” means a medical or lay officer of the General Council appointed by the Registrar under the Fitness to Practise Rules, and “Case Examiners” means the medical and lay Case Examiners to whom an application is referred under regulation 3(4) and includes any replacement Case Examiner appointed by the Registrar;
“the Committee” means the Investigation Committee;
“the Fees Regulations” means the Medical Practitioners (Fees) Regulations 19854;
“the Fitness to Practise Rules” means the General Medical Council (Fitness to Practise) Rules 2004;
“FTP Panel” means a Fitness to Practise Panel constituted under rules made under paragraph 19E of Part III of Schedule 1 to the Act;
“lay”, in relation to any person, means a person who is neither a registered medical practitioner nor a holder of any qualification registrable under the Act;
“medical”, in relation to any person, means a registered medical practitioner;
“practitioner” means a registered medical practitioner;
“the register” means the register of medical practitioners maintained in accordance with section 2(1) of the Act;
“regulatory body” shall be construed in accordance with section 35C(9) of the Act; and
“restoration application” means an application for restoration made in accordance with regulation 3.
3. Restoration applications
(1) A person whose name has been erased from the register pursuant to—
(a)
(a) section 30(5) of the Act; or
(b)
(b) regulations made under section 32(2) of the Act,
may apply in writing to the Registrar in accordance with this regulation for his name to be restored to the register.
(2) A restoration application shall include the following—
(a)
(a) the applicant’s name and former registration number;
(b)
(b) details of the applicant’s medical qualifications;
(c)
(c) the address which the applicant wishes to be entered on the register as his registered address;
(d)
(d) the name and address of—
(i) any person, body or organisation by whom the applicant is employed to provide medical services, and
(ii) any person, body or organisation with whom the applicant has an arrangement to provide medical services;
(e)
(e) where paragraph (d) does not apply, the name and address of the person, body or organisation which most recently employed the practitioner to provide medical services or with whom he most recently had an arrangement to do so;
(f)
(f) the date the applicant's—
(i) employment under sub-paragraph (d)(i) commenced,
(ii) arrangement under sub-paragraph (d)(ii) commenced, or
(iii) most recent employment to provide medical services, or arrangement to do so, terminated;
(g)
(g) a statement by—
(i) the applicant,
(ii) any person or an officer of any body or organisation named in accordance with sub-paragraph (d) or (e), and
(iii) an officer of any regulatory body other than the General Council with which the applicant has been registered within the period of 5 years ending with the date of the restoration application, or such other period as the Registrar may specify
which—
(aa) states that the person making it is not aware of any proceedings, act or omission on the part of the applicant which (if he were a registered medical practitioner) might render him liable to be referred to the General Council for investigation or consideration of his fitness to practise, or
(bb) gives particulars of any proceedings, act or omission on the part of the practitioner which might render him so liable; and
(h)
(h) the relevant fee under regulation 14 of the Fees Regulations.
(3) On receipt of a restoration application, the Registrar shall, as soon as is reasonably practicable—
(a)
(a) restore the practitioner’s name to the register and notify him in writing accordingly;
(b)
(b) refer the application to a medical and a lay Case Examiner under paragraph (4) for consideration in accordance with regulation 4; or
(c)
(c) where the application does not comply with paragraph (2) and unless he refers the application to a medical and a lay Case Examiner under paragraph (4)(a), reject the application.
(4) Where—
(a)
(a) a statement under paragraph (2)(g)(i), (ii) or (iii) is not included with a restoration application but the application otherwise complies with paragraph (2); or
(b)
(b) the Registrar receives information in writing (whether before or after the...
