OpenLegislation

Section 44 Effect of disqualification in ... relevant European State on registration in the United Kingdom.F1F17F18

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person who is subject to a disqualifying decision in F2a relevant European State in which he is or has been established in medical practice shall not be entitled to be registered by virtue of section 3(1)(b)F3, 14A or 19A above for so long as the decision remains in force in relation to him.

(2)

A disqualifying decision in respect of a person is a decision, made by responsible authorities of F4the relevant European State in which he was established in medical practice or in which he acquired a F5medical qualification, and—

(a)

expressed to be made on the grounds that he has committed a criminal offence or on grounds related to his professional conduct, professional performance or physical or mental health; and

(b)

having in that State the effect either that he is no longer registered or otherwise officially recognised as a medical practitioner, or that he is prohibited F6(whether on a permanent or temporary basis) from practising medicine there.

(3)

If a person has been registered by virtue of section 3(1)(b)F7, 14A or 19A above and it is subsequently shown to the satisfaction of the Registrar that he was subject to a disqualifying decision in force at the time of registration, and that the decision remains in force, the Registrar shall remove the person’s name from the register.

(4)

A decision under—

(a)

subsection (1) above not to register a person; or

(b)

subsection (3) above to remove a person’s name from the register,

is an appealable registration decision for the purposes of Schedule 3A to this Act.

(5)

If a person has been registered as a fully registered medical practitioner by virtue of section 3(1)(b)F8, 14A or 19A above at a time when a disqualifying decision was in force in respect of him, and he has been so registered for a period of not less than one month throughout which the decision had effect—

(a)

a F9Medical Practitioners Tribunal may direct that his registration be suspended for such period, not exceeding the length of the first-mentioned period, as F10the Tribunal think fit, and the period of suspension shall begin on a date to be specified in F11the Tribunal’s direction; and

(b)

sections 35E(1) and (3) and 40 and paragraphs 1, 2, F123, F137, 8, 9, 10, 12 and 13 of Schedule 4 to this Act shall have effect, with any necessary modifications, in relation to suspension under this subsection.

(F145A)

In deciding whether to give a direction under subsection (5)(a), a Medical Practitioners Tribunal must have regard to the over-arching objective.

(6)

Where on or after the date on which a person was registered by virtue of section 3(1)(b)F15, 14A or 19A above a disqualifying decision relating to him comes into force, this Part of this Act shall apply, with any necessary modifications, as if it had been found that he had been convicted of the criminal offence referred to in the disqualifying decision, or that his professional conduct, professional performance or physical or mental health had been such as is imputed to him by that decision, as the case may be.

F16(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force except for the substitution of ss. 41(7)(8), 41C, 44(4), 44A(3) as notified in the London Gazette dated 8.10.2004, 16.11.2009 for the insertion of s. 41C as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 13 (with Sch. 2)

F2

Words in s. 44(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(b)(i)

F3

Words in s. 44(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(b)(ii)

F4

Words in s. 44(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(c)(i)

F5

Words in s. 44(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(c)(ii)

F6

Words in s. 44(2)(b) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(c)(iii)

F7

Words in s. 44(3) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(d)

F8

Words in s. 44(5) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(d)

F9

Words in s. 44(5) substituted (31.12.2015) 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), 4(9); S.I. 2015/1952, art. 2(c)

F10

Words in s. 44(5) substituted (31.12.2015) 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), 4(10)(a); S.I. 2015/1952, art. 2(c)

F11

Words in s. 44(5) substituted (31.12.2015) 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), 4(10)(b); S.I. 2015/1952, art. 2(c)

F12

Word in s. 44(5)(b) inserted (31.12.2015) 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), 8(14); S.I. 2015/1952, art. 2(e)

F13

Word in s. 44(5)(b) inserted (31.12.2015) 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), 13(6); S.I. 2015/1952, art. 2(j)

F14

S. 44(5A) 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), 21(6) (with art. 1(4)); S.I. 2015/1579, art. 2(l)

F15

Words in s. 44(6) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(d)

F16

S. 44(7) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(e)

F17

Word in s. 44 heading omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 25 (with reg. 12A, Sch. 1 Pt. 2) (as amended by S.I. 2020/1394, regs. 4, 9); 2020 c. 1, Sch. 5 para. 1(1)

F18

Words in s. 44 heading substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 22(a)