Explanatory note

This Order amends the Medical Act 1983 (c. 54) (“the Act”).

Article 2 removes the application of section 35C(2)(da) of the Act (knowledge of English impairment) when considering a person’s fitness to practise for the purposes of registration under the Act.

Article 3 of the Order amends section 29B of the Act to require provision to be made in regulations made under section 29A for a licence to practise to be refused if a medical practitioner has not demonstrated to the licensing authority that they have the necessary knowledge of English. This is notwithstanding the medical practitioner’s registration under Parts 2 and 3 of the Act. The regulations must also provide that the licensing authority have regard to guidance published by the General Council under section 29G(2A) of the Act in determining whether a person has the necessary knowledge of English.

Article 4 of the Order amends section 29G of the Act requiring the General Council to publish guidance under that section in respect of the evidence, information or documents to be provided for the purposes of demonstrating that a person has the necessary knowledge of English.

Article 5 of the Order amends section 29J of the Act to enable provision to be made under regulations under section 29A in connection with determining whether a person has the necessary knowledge of English.

Article 6 of the Order amends section 35C of the Act adding knowledge of English as an impairment for the purposes of triggering an investigation into a medical practitioner’s fitness to practise.

Article 7 of the Order amends section 35D of the Act to prevent the Fitness to Practise Panel (‘the ‘Panel’) from directing that a person’s name be erased from the register where a person’s fitness to practise has been found to be impaired on the grounds of knowledge of English.

Article 8 of the Order amends section 35E of the Act to provide a definition of ‘a language case’ referred to in section 35D.

Article 9(2) of the Order includes a provision to make it clear that a reference to the standard of a registered person’s professional performance under paragraph 5A of Schedule 4 includes the standard of their knowledge of English, but places limitations on those powers.

Article 9(3) of the Order inserts a new provision into Schedule 4 enabling the General Council to make rules authorising prescribed persons to direct that a medical practitioner undertakes an assessment of that person’s knowledge of English. Additional powers are provided to the Panel to direct that a person’s registration be suspended or conditional if a person fails to undertake an assessment or provide information relating to that assessment. There are provisions enabling the practitioner to appeal against any such directions made by the Panel.

Articles 9(4) and (5) make consequential amendments to paragraphs 8 and 9 of Schedule 4 respectively in relation to the service of notification of decisions and the extension of time for appealing those decisions.

Article 9(6) inserts a new provision into Schedule 4 expressing when a direction made by the Panel will take effect.

Articles 9(7) and (8) makes consequential amendments to paragraphs 11 and 12 of Schedule 4 respectively in relation to the taking effect of directions under paragraph 5C(4) and the recording of such directions.

Article 10 amends the definition of ‘the necessary of knowledge of English’ in section 55(1) of the Act so that it applies generally and is not limited to applications for registration.

Article 11 provides transitional provisions so that the Order shall not apply in respect of any application for registration as a medical practitioner, or any application for a license to practise, which has been received by the General Medical Council before the day on which the Order comes into force and which has not been determined before that day.

Article 12 provides transitional provisions so that, subject to article 11, the Order will apply in respect of any decision to grant a licence to practise irrespective of whether the person to whom the decision relates was registered under the Act on a day before the coming into force of the Order.