C47

Prospective affecting provision: section inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 105, not commenced as of date of revision.

F120[54A. (1) Subject to subsections (2) to (4), a registered medical practitioner, intern or adapter shall, in each year, give to the Council a declaration in writing providing particulars of any relevant proceedings that are pending or in progress.

(2) If, in any year, subsection (1) does not apply to a registered medical practitioner, intern or adapter because there are no particulars referred to in that subsection which he or she is required to give to the Council, the practitioner, intern or adapter shall give to the Council a declaration in writing to that effect.

(3) If, in any year subsequent to a year in which a registered medical practitioner, intern or adapter gave particulars referred to in subsection (1) to the Council, there has been no material change in the matter to which the particulars relate, the practitioner, intern or adapter may, instead of again giving those particulars to the Council, give to the Council a declaration in writing to the effect that there has been no material change to the matter to which the particulars relate.

(4) A registered medical practitioner, intern or adapter shall, in each year, comply with subsection (1), (2) or (3) —

(a) not earlier than 6 weeks before he or she is required to pay, in that year, the appropriate fee determined under section 36(1)(b), (cb) or (ce), as appropriate, and

(b) not later than the last day of that 6 weeks.

(5) A registered medical practitioner, intern or adapter shall, not later than 3 months after the final determination of any relevant proceedings, give to the Council—

(a) a declaration in writing providing particulars of the sanctions (if any) imposed on the practitioner, intern or adapter in consequence of those proceedings, or

(b) if no such sanctions were so imposed, a declaration in writing to that effect.

(6) The Council may, by notice in writing given to a registered medical practitioner, intern or adapter who has made a declaration under this section, require the practitioner, intern or adapter to provide to the Council, within a reasonable period specified in the notice, further information concerning any particulars provided to the Council in the declaration.

(7) (a) A registered medical practitioner, intern or adapter shall comply with a notice under subsection (6) given to the practitioner, intern or adapter.

(b) Where the Council considers that a registered medical practitioner has contravened paragraph (a), the Council shall forthwith make a complaint.

(8) In this section—

"final determination", in relation to any relevant proceedings and a registered medical practitioner, intern or adapter, means—

(a) the conclusion of those proceedings without any party to the proceedings making an appeal, against a decision in those proceedings to impose or to not impose a sanction on the practitioner, intern or adapter, within the ordinary time in the State or the other jurisdiction concerned, as appropriate, for making such an appeal, or

(b) if such an appeal is made—

(i) the abandonment or withdrawal of the appeal, or

(ii) the determination of the appeal,

whichever first occurs;

"relevant proceedings", in relation to a registered medical practitioner, intern or adapter, means any disciplinary or judicial proceedings (other than any such proceedings under this Act), in respect of which the practitioner, intern or adapter is the subject—

(a) in the State or another jurisdiction which may directly or indirectly result in the practitioner, intern or adapter—

(i) being prohibited from providing one or more than one kind of health or social care in the State or that jurisdiction, or

(ii) having a restriction placed on his or her ability to provide one or more than one kind of health or social care in the State or that jurisdiction,

(b) in another jurisdiction which may result in the practitioner, intern or adapter being convicted, in that jurisdiction, for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment, or

(c) in the State which may result in the practitioner, intern or adapter being convicted, in the State, for an offence triable on indictment;

"sanction" includes any restriction or measure.]