Contents
1Citation and commencement#
This Order may be cited as the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of Council 2004, and shall come into force on 1st November 2004.
2Revocation#
The General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of Council 2003 is revoked.
Schedule · The general medical council (voluntary erasure and restoration following voluntary erasure) regulations 2004
(1)Citation and commencement
(2)Interpretation
(3)Voluntary erasure applications
(4)Restoration applications
(5)Restoration procedure where fitness to practise issues arise
(6)Revocation
(7)Transitional arrangements
(7)
(1)An application for voluntary erasure made in accordance with regulation 2 of the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2003 (the “2003 Regulations”) which has not been determined and the decision notified before the date of the coming into force of these Regulations shall be dealt with in accordance with paragraphs (2) to (4).
(2)Subject to paragraph (3), the Registrar shall refer any application falling within paragraph (1) to a medical and a lay Case Examiner for consideration under regulation 3(5) and regulations 3(6) to (9) shall apply accordingly.
(3)In cases falling within regulation 2(6) of the 2003 Regulations—
(a)where the conduct case has been opened under rule 24 of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 and no decision has been taken regarding the application under regulation 2(7)(c) of the 2003 Regulations—
(i)the application shall be referred for determination by a FTP Panel and regulation 3(9) shall apply accordingly, and
(ii)the Registrar shall notify the practitioner of such referral, accordingly; or
(b)where a decision has been taken under regulation 2(7) of the 2003 Regulations—
(i)to approve the application, the Registrar shall erase the practitioner’s name from the register as soon as reasonably practicable and shall notify the practitioner accordingly, or
(ii)to reject the application, the Registrar shall notify the practitioner accordingly.
(4)In relation to cases falling within paragraph (2) or (3), regulation 3 of these Regulations shall apply as if—
(a)in paragraph (5), references to “paragraph (4)” were references to regulation 7(2) of these Regulations; and
(b)references to an “erasure application” were references to an application made in accordance with regulation 2 of the 2003 Regulations.
(5)An application for restoration following voluntary erasure made in accordance with regulation 3 of the 2003 Regulations which has not been determined and the decision notified before the date of the coming into force of these Regulations shall be dealt with in accordance with paragraphs (6) to (9).
(6)Subject to paragraph (7), the Registrar shall deal with any application falling within paragraph (5) in accordance with regulation 4(3) and regulations 4(4) and 5 shall apply accordingly.
(7)In cases falling within regulation 4(1) of the 2003 Regulations—
(a)where the screener has advised the Registrar under regulation 4(5) of the 2003 Regulations that there is no reason why the application should not be approved, the Registrar shall, subject to regulation 15A(2) of the Fees Regulations (fee for restoration to the register following voluntary erasure), restore the practitioner’s name to the register as soon as reasonably practicable and shall notify the practitioner accordingly;
(b)where the screener has advised the Registrar under regulation 4(5) of the 2003 Regulations that there is reason why the application should not be approved, and the application has not been referred to the Professional Conduct Committee, Committee on Professional Performance or Health Committee under regulation 4(8) of the 2003 Regulations, regulations 5(7) to (10) shall apply, save that, where the Registrar has given notice in accordance with regulation 4(7) of the 2003 Regulations, regulation 5(7) shall not apply;
(c)where the application has been referred to the Professional Conduct Committee, Committee on Professional Performance or Health Committee under regulation 4(8) of the 2003 Regulations, the application shall be determined by a FTP Panel in accordance with those regulations; or
(d)where a decision has been taken under regulation 3 or 4 of the 2003 Regulations—
(i)to approve the application, the Registrar shall, subject to regulation 15A(2) of the Fees Regulations (fee for restoration to the register following voluntary erasure), restore the practitioner’s name to the register as soon as reasonably practicable and shall notify the practitioner accordingly, or
(ii)to refuse the application, the Registrar shall notify the practitioner accordingly.
(8)In relation to cases falling within—
(a)paragraphs (6) or (7), these Regulations shall apply as if references to a “restoration application” were references to an application made in accordance with regulation 3 of the 2003 Regulations, and references to an “applicant” were construed accordingly;
(b)paragraph (6), regulation 4 shall apply as if—
(i)in paragraph (3)(c) and (4)(a) and (b), references to “paragraph (2)” were references to regulation 3(2) of the 2003 Regulations, and
(ii)in paragraph (4)(a), reference to “paragraph (2)(g)(i), (ii) or (iii)” was reference to regulation 3(2)(d), (f) or (g) of the 2003 Regulations;
(c)paragraph (7)(b), regulation 5 shall apply as if—
(i)in paragraph (7)—
(aa)the words “where the screener has advised that there is reason why the application should not be approved” were substituted for the words “where the Case Examiners or the Committee decide to refer a restoration application for consideration by a FTP Panel”; and
(bb)the words “that advice” were substituted for the words “that decision”,
(ii)in paragraph (8), reference to paragraph (7)(b) includes a reference to regulation 4(8) of the 2003 Regulations, and
(iii)in paragraph (10), the words “the Case Examiners, the Committee or” were omitted; and
(d)paragraph (7)(c), references in regulation 4(9) to (11) of the 2003 Regulations to “the Committee” and “the Professional Conduct Committee, the Health Committee or the Committee on Professional Performance” were references to a FTP Panel.
(9)Where an application for restoration of a practitioner’s name to the register has been refused under regulation 4(11) of the 2003 Regulations, no application may be made under these Regulations for restoration of the practitioner’s name to the register before the expiry of one year beginning with the date on which the Committee or FTP Panel refused the application or such longer period as may have been determined by the Committee or FTP Panel when refusing the application.
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