Section 35D Functions of a Medical Practitioners TribunalF1F41

Where an allegation against a person is referred under F2section 35C(5)(b) above to F3the MPTS—

F4Where the Medical Practitioners Tribunal find that the person’s fitness to practise is impaired they may, if they think fit—

Where F7the Tribunal find that the person’s fitness to practise is not impaired they may nevertheless give him a warning regarding his future conduct or performance.

Where F8a Medical Practitioners Tribunal have given a direction that a person’s registration be suspended—

F10subsections (4A) and (4B) below apply.

The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period of suspension; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

The Registrar may, at any time prior to the expiry of the period of suspension, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal prior to that expiry; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

F12On a review arranged under subsection (4A) or (4B), F13a Medical Practitioners Tribunal may, if they think fit—

but, subject to subsection (6) below, the Tribunal shall not extend any period of suspension under this section for more than twelve months at a time.

In a health case F19or language case F20or a case of suspension under paragraph 5A(3D) or 5C(4) of Schedule 4, F21a Medical Practitioners Tribunal may give a direction in relation to a person whose registration has been suspended under this section extending his period of suspension indefinitely where—

Where F22a Medical Practitioners Tribunal have given a direction under subsection (6) above for a person’s period of suspension to be extended indefinitely, F23the Registrar shall refer the matter to the MPTS for them to arrange for a Medical Practitioners Tribunal to review the direction if—

F25Where a matter is referred to the MPTS under subsection (7), the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and on such a review, the Tribunal may—

Where—

F29subsection (9A) below applies.

The Registrar may refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

F31Where, on a review arranged under subsection (9A), the Tribunal judge the person concerned to have failed to comply with a requirement imposed as a condition such as is mentioned in subsection (9)(a), F32the Tribunal may, if they think fit—

Where, in a case which does not come within subsection (9) above, a direction that a person’s registration be subject to conditions has been given under subsection (2), (5) or (8) above or paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, subsections (11A) and (11B) below apply.

The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period for which the conditions apply; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry.

The Registrar may, at any time prior to the expiry of the period for which the conditions apply, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

F36On a review arranged under subsection (11A) or (11B), F37a Medical Practitioners Tribunal may, if they think fit—

but the Tribunal shall not extend any period of conditional registration under this section for more than three years at a time.

Where a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to give or make a direction, revocation or variation under subsection (5), (6), (8), (10) or (12) above, but the person concerned and the General Council have agreed in writing to the terms of such a direction, revocation or variation—

A direction, revocation or variation given or made under subsection (13)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).