Explanatory note

This Order of the Privy Council contains transitional provisions relating to the provisions of the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 which are to come into force on 19th October 2007. These transitional provisions relate to sundry amendments to the Medical Act 1983 (“the Act”).

Article 2 makes a temporary change to the wording of section 30(3) of the Act to take account of the abolition of the register of medical practitioners with limited registration: this change is necessary because a revised version of section 30(3) to be introduced by the Medical Act 1983 (Amendment) Order 2002 has not yet been brought into force.

Article 3 deals with outstanding fraud or error cases in relation to registration under the Act. Cases will be dealt with under the new arrangements unless they have reached specified stages under the old arrangements.

Article 4 deals with outstanding cases relating to section 44A(1), (2) or (4) of the Act (as section 44A is being repealed). Under section 44A(2), the Registrar had powers to remove a person from the register if he withheld specified types of fitness to practise information from the Registrar at the time of registration. If the Registrar has taken a decision to remove a person under section 44A(2) before 19th October 2007, any appeal has to be processed under the old arrangements; otherwise, the matter has to be dealt with under the new arrangements set out in the new section 44B of the Act. Similarly, if registration has been refused for one of the specified fitness to practise reasons before 19th October 2007, any appeal has to be processed under the old arrangements.

Section 44A(4) of the Act gave Fitness to Practise Panels certain powers to direct suspension of a registrant in cases where another regulatory body has found that his fitness to practise is impaired. Notwithstanding its repeal, these powers are retained in cases where a Fitness to Practise Panel is already seized of a matter that may give rise to such a direction.

Article 5 makes a temporary change to a definition to take into account the fact that the new section 44C of the Act, which relates to indemnity arrangements, has not yet been brought into force.