SCHEDULE
THE GENERAL MEDICAL COUNCIL (RESTORATION AND REGISTRATION FEES AMENDMENT) REGULATIONS 2003
The General Medical Council, in exercise of their powers under sections 31 and 32 of the Medical Act 19835, and of all other powers enabling them in that behalf, hereby make the following Regulations:—
1. Citation, commencement and interpretation
(1) These Regulations may be cited as the General Medical Council (Restoration and Registration Fees Amendment) Regulations 2003 and shall come into force on 1st July 2003.
(2) In these Regulations—
“the 1979 Regulations” means the Medical Practitioners Registration (No 2) Regulations 19796;
“the Act” means the Medical Act 1983;
“the Conduct Rules” means the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 19887;
“doctor” means a registered medical practitioner;
“the Fees Regulations” means the Medical Practitioners (Fees) Regulations 19858;
“health screener” means a person appointed under rule 5(2) or (3) of the General Medical Council Health Committee (Procedure) Rules 19879to undertake the initial consideration of cases under Part II of those Rules;
“lay person” means a person who is neither fully registered under the Act nor a holder of any qualification registrable under the Act;
“professional conduct screeners” means one doctor and one lay person appointed by the General Medical Council under rule 4 of the Conduct Rules to undertake the initial consideration of cases under Part II of those Rules;
“professional performance screeners” means one doctor and one lay screener appointed as screeners under rule 3 of the General Medical Council (Professional Performance) Rules 199710; and
“the register” means the register of medical practitioners maintained in accordance with section 2(1) of the Act.
2. Restoration of a person’s name to the register
(1) A person whose name has been erased under section 30(5) of the Act or any regulations made in pursuance of section 32(2) of the Act may apply to the Registrar in accordance with this regulation for his name to be restored to the register.
(2) An application under this regulation shall be made in writing and shall include the following—
(a)
(a) the applicant’s name and his previous registration number;
(b)
(b) his medical qualifications which he would be entitled to have registered under section 16 or 26 of the Act;
(c)
(c) the address which he wishes to be entered on the register as his address;
(d)
(d) a statement complying with paragraph (3) made and signed by the applicant;
(e)
(e) the name and address of his current or last employer and the date of the commencement of his employment with his current employer, or if he is not currently employed, the date his last employment was terminated;
(f)
(f) if the Registrar so requests, a statement complying with paragraph (3) made by the employer named in accordance with sub-paragraph (e) and signed by that employer or by a director or officer of that employer;
(g)
(g) a statement complying with paragraph (3) made by an officer of any regulatory body other than the General Medical Council which is responsible for the regulation or supervision of a health or social care profession and with which the applicant has been registered—
(i) in the previous five years, or
(ii) if the Registrar so requests, during any period specified by the Registrar,
and an application may be delivered by hand or sent to the Registrar by post.
(3) The statements referred to in sub-paragraphs (d), (f) and (g) of paragraph (2) comply with this paragraph if they either—
(a)
(a) state that the person making it is not aware of any proceedings or of any 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 Medical Council (including any Committee of the Council) in relation to his conduct, health or performance; or
(b)
(b) give particulars of any such proceedings or act or omission which might render the person liable to be so referred.
(4) For the purposes of this regulation, a person for whom another person works otherwise than in a medical capacity is not to be regarded as that other person’s employer but, subject to that, a person’s current employer is his principal current employer, if any, or any body or organisation to which he is contracted to provide medical services, and if he is not currently employed or contracted, his last employer is his principal last employer or the body or organisation to which he was most recently contracted to provide medical services.
(5) Where a statement—
(a)
(a) by the person named in accordance with paragraph (2)(e), if requested in accordance with paragraph (2)(f), or
(b)
(b) required in accordance with paragraph (2)(g) from an officer of a regulatory body,
complying with paragraph (3) is not attached to the application the Registrar shall use his best endeavours to obtain the statement, but if the employer or regulatory body cannot be contacted or does not respond before the expiry of one month beginning with the date the application is received by the General Medical Council, the application may still be proceeded with under this regulation and, if appropriate, regulation 3.
(6) Subject to regulation 3 of these Regulations and regulation 14 of the Fees Regulations (fees for restoration to the Principal List), where an application under this regulation has been made by a person, the Registrar shall restore the applicant’s name to the register, and notify him in writing that his name has been so restored.
3. Investigations in certain cases before restoration of name to register
(1) In any case where—
(a)
(a) an application under regulation 2 is made by a person for restoration of his name to the register; and
(b)
(b) information in writing is or has been received by the Registrar (whether before or after the application has been made or before or after the applicant’s name was erased) from which it appears to him that further consideration should...
