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Section 47 Appointments not to be held except by fully registered medical practitioners who hold licences to practise.F6

United Kingdom

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

(1)

F1Subject to subsection (2) below, only a person who is fully registered and who holds a licence to practise may hold an appointment as physician, surgeon or other medical officer—

(a)

in the naval, military or air service,

(b)

in any hospital or other place for the reception of persons suffering from mental disorder, or in any other hospital, infirmary or dispensary not supported wholly by voluntary contributions,

(c)

in any prison, or

(d)

in any other public establishment, body or institution,

or to any friendly or other society for providing mutual relief in sickness, infirmity or old age.

(2)

Nothing in this section shall prevent any person who is not a Commonwealth citizen from being and acting as the resident physician or medical officer of any hospital established exclusively for the relief of foreigners in sickness, so long as he—

(a)

has obtained from a foreign university a degree or diploma of doctor in medicine and has passed the regular examinations entitling him to practise medicine in his own country, and

(b)

is engaged in no medical practice except as such a resident physician or medical officer.

F2(3)

None of the suspension events mentioned in subsection (4) below shall terminate any appointment such as is mentioned in subsection (1) above, but the person suspended shall not perform the duties of such an appointment during the suspension.

(4)

The suspension events are—

(a)

the suspension of registration of a person by a F3Medical Practitioners Tribunal—

(i)

following a finding of impairment of fitness to practise by reason of deficient professional performance or adverse physical or mental health under section 35D above, or

(ii)

under F4paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act;

(b)

an order for immediate suspension by a Medical Practitioners Tribunal under section 38(1) above; or

(c)

an interim suspension order by an F5Interim Orders Tribunal or a Medical Practitioners Tribunal under section 41A above (or such an order as extended under that section).

Annotations

Textual amendments

F1

Words in s. 47(1) substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(5)(a) (with Sch. 2)

F2

S. 47(3)(4) substituted for s. 47(3) (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(2) (with Sch. 2)

F3

Words in s. 47(4) 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)

F4

Words in s. 47(4)(a)(ii) 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), 12(11); S.I. 2015/1952, art. 2(i)

F5

Words in s. 47(4) 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(11); S.I. 2015/1952, art. 2(c)

F6

S. 47 sidenote substituted (16.11.2009 as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 12(5)(b) (with Sch. 2)