Medical Practitioners Act 2007

54.

Refusal of registration, etc., and appeal to Court against Council’s decision.

54.— (1) Nothing in sections 45 to 53 shall operate to prevent the Council from refusing to register or restore the registration of a medical practitioner on the grounds of the unfitness of the practitioner to practise medicine.

(2) Where the Council makes a decision—

( a) under subsection (1) to refuse to register or restore the registration of a medical practitioner,

( b) to register a medical practitioner in a division of the register other than the division specified in the practitioner’s application under section 45 for registration, or

( c) to attach conditions to the registration of a medical practitioner pursuant to section 53 ,

the Council shall forthwith give notice in writing to the practitioner of the decision, the date of the decision and the reasons for the decision.

(3) A medical practitioner the subject of a decision referred to in subsection (2) may, not later than 3 months after the date on which the practitioner was given notice of the decision pursuant to that subsection, appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a medical practitioner—

( a) either—

(i) confirm the decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to register or restore the registration of the practitioner in such division of the register as the Court considers appropriate and with no conditions attached to the registration, or

(II) to register or restore the registration of the practitioner—

(A) in such division of the register as the Court considers appropriate, and

(B) with such conditions attached to that registration as the Court considers appropriate,

and

( b) give the Council such directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4), give notice in writing to the medical practitioner concerned of the Council’s compliance with the direction.

Annotations:

Amendments:

F111

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 104, not commenced as of date of revision.

Modifications (not altering text):

C45

Prospective affecting provision: section substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 104, not commenced as of date of revision.

F111 [ 54. (1) In this section, ‘relevant decision’ means a decision of the Council to—

( a ) refuse to recognise a qualification held by a person as a general qualification under section 44A(2) ,

(b ) refuse to recognise a qualification held by a person as a specialist qualification under section 44A(3) ,

( c ) refuse to register a person under section 45(4) , 50A(2) or 53(4) ,

( d ) register a person in a division of the register other than the division specified in the person’s application under section 45(1) for registration, or

( e ) refuse to restore the registration of a medical practitioner under section 52(5) .

(2) When the Council makes a relevant decision, the Council shall forthwith give notice in writing to the person, the subject of the decision, the date of the decision and the reasons for the decision.

(3) The person the subject of a relevant decision may, not later than 3 months after the date on which the person was given notice of the decision pursuant to subsection (2) , appeal to the Court against the decision.

(4) The Court may, on the hearing of an appeal under subsection (3) by a person—

( a ) either—

(i) confirm the relevant decision the subject of the appeal, or

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision to—

(I) recognise a qualification held by the person as a general qualification or a specialist qualification,

(II) register or restore the registration of the person in such division of the register as the Court considers appropriate and with no conditions attached to that registration,

(III) register or restore the registration of the person—

(A) in such division of the register as the Court considers appropriate, and

(B) with such conditions attached to that registration as the Court considers appropriate,

(IV) remove some or all, or replace some or all, of the conditions attached to the registration of the person, or

(V) require the Council to reconsider the decision in accordance with such directions as are given to the Council for the purposes of that reconsideration,

and

( b ) give the Council such directions or, in the case of paragraph (a)(ii)(V) , such further directions as the Court considers appropriate and direct how the costs of the appeal are to be borne.

(5) The Council shall, on complying with a direction given by the Court under subsection (4) , give notice in writing to the person concerned of the Council’s compliance with the direction. ]