Section 31 Power to make regulations with respect to the registers.

United Kingdom

(1)

Subject to the provisions of this Act, the General Council may make regulations with respect to the form and keeping of F1... the registers and the making of entries, alterations and corrections F2... in them.

(2)

Regulations under this section may provide for F3... the registers to be kept either by making entries in bound books or by recording the matters in question in any other manner; and if F4... the registers are not kept by making entries in bound books, adequate precautions shall be taken for guarding against, and facilitating the discovery of, falsification.

F5(3)

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(4)

Regulations under this section shall provide for the marking of the register of medical practitioners so as to distinguish those provisionally registered under section 15 F6or 15A above and those provisionally registered under section 21 F7or 21C above.

F8(4A)

Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for—

(a)

different maximum periods for which different classes of persons may be provisionally registered; and

(b)

the maximum period not to apply to specified classes of persons.

F9(4B)

Regulations under this section shall provide for the marking of the General Practitioner Register so as to distinguish between different categories of persons who are eligible to be registered in that register by virtue of section 34C(2)(b).

F10(5)

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(6)

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(7)

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(8)

Regulations under this section may make provision with respect to the restoration to F11... the registers of the name of any person whose name has been erased from F12... them by virtue of section 30(5) above or of any regulations made in pursuance of F13... section 32(2) below.

(9)

Regulations under this section made by virtue of subsection (8) above may include provision—

(a)

for authorising the Registrar, notwithstanding anything in this Act, to refuse to restore to F14... the registers F15... the name of any such person as is mentioned in that subsection unless he furnishes to the Registrar such evidence of his identity and F16fitness to practise as may be prescribed; and

F17(b)

for securing that, in such circumstances as may be prescribed, such a person’s name is not so restored unless—

(i)

the General Council or a committee of the General Council so direct after making such investigation into his fitness to practise as they think fit,

(ii)

the practitioner’s licence to practise is restored in accordance with the regulations, or

(iii)

both (i) and (ii) are metF18; and

(c)

where such a person is required to submit to or undertake an assessment by virtue of paragraph 5A or 5C of Schedule 4, for requiring the Registrar or the General Council or a committee of the Council to take into account—

(i)

whether the assessment was carried out,

(ii)

whether any requirements imposed in respect of the assessment were complied with, and

(iii)

if the assessment was carried out, the results of the assessment.

F19...

(10)

Regulations made in pursuance of F20subsection (4A), F21(4B), (8) or (9) above shall not have effect until approved by order of the Privy Council.

(11)

In this section “prescribed” means prescribed by regulations under this section.

Annotations

Textual amendments

F1: Words in s. 31(1) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(a)(i); S.I. 2010/478, art. 2(b)
F2: Words in s. 31(1) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(a)(ii); S.I. 2010/478, art. 2(b)
F3: Words in s. 31(2) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(b)(i); S.I. 2010/478, art. 2(b)
F4: Words in s. 31(2) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(b)(ii); S.I. 2010/478, art. 2(b)
F5: S. 31(3) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(c)
F6: Words in s. 31(4) inserted (4.12.2000) by S.I. 2000/3041, reg. 4(3)
F7: Words in s. 31(4) inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 39
F8: S. 31(4A) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(a)
F9: S. 31(4B) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(c); S.I. 2010/478, art. 2(b)
F10: S. 31(5)-(7) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(a) (with Sch. 2)
F11: Words in s. 31(8) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(d)(i); S.I. 2010/478, art. 2(b)
F12: Word in s. 31(8) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(d)(ii); S.I. 2010/478, art. 2(b)
F13: Words in s. 31(8) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(b) (with Sch. 2)
F14: Words in s. 31(9)(a) substituted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(e); S.I. 2010/478, art. 2(b)
F15: Words in s. 31(9)(a) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 9(e)
F16: Words in s. 31(9)(a) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 48
F17: S. 31(9)(b) substituted (30.5.2003, 1.7.2003 in so far as not already in force as notified in the London Gazette dated 1.7.2003) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(2) (with Sch. 2)
F18: S. 31(9)(c) and preceding word inserted (3.8.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 12(1); S.I. 2015/1579, art. 2(i) (with art. 3)
F19: Words in s. 31(9) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 7(3)(c) (with Sch. 2)
F20: Words in s. 31(10) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 30(b)
F21: Word in s. 31(10) inserted (11.2.2010 for specified purposes, 1.4.2010 in so far as not already in force) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 1 para. 5(f); S.I. 2010/478, art. 2(b)