[F1Part VU.K. Fitness to Practise and Medical Ethics

Textual Amendments

F1Pt. 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)

35EProvisions supplementary to section 35DU.K.

(1)Where, under section 35D above, [F2a Medical Practitioners Tribunal]—

(a)give a direction that a person’s name shall be erased from the register;

(b)give a direction for suspension;

(c)give a direction for conditional registration; or

(d)vary any of the conditions imposed by a direction for conditional registration,

[F3the MPTS] shall forthwith serve on the person concerned notification of the direction or variation and of his right to appeal against it under section 40 below.

[F4(1A)Where, under section 35D, a Medical Practitioners Tribunal—

(a)give a direction or make a variation as mentioned in subsection (1),

(b)give a direction that a suspension be terminated,

(c)revoke a direction for conditional registration or a condition imposed by such a direction, or

(d)decide not to give a direction,

the MPTS shall forthwith serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction, variation, revocation or decision.

(1B)A notification under subsection (1A) must state whether, in giving the direction or making the variation, revocation or decision, the Tribunal took any undertakings into account in accordance with rules containing provision by virtue of paragraph 1(2C) of Schedule 4.]

(2)In subsection (1) above—

(a)references to a direction for suspension include a reference to a direction extending a period of suspension; and

(b)references to a direction for conditional registration include a reference to a direction extending a period of conditional registration.

(3)While a person’s registration in the register is suspended by virtue of a direction under section 35D—

(a)he shall be treated as not being registered in the register notwithstanding that his name still appears in it, but

[F5(b)sections 31A, 35C, 35CC and 35D above, this section and section 39 below shall continue to apply to him.]

[F6(3A)In exercising a function under section 35D, a Medical Practitioners Tribunal must have regard to the over-arching objective.]

(4)In section 35D above, “health case” means any case in which [F7a Medical Practitioners Tribunal have] determined that—

(a)a person’s fitness to practise is impaired by reason of a matter falling within paragraph (d) of subsection (2) of section 35C above, but

(b)the person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection [F8other than paragraph (da)].

[F9(5)In section 35D, “language case” means any case in which [F10a Medical Practitioners Tribunal have] determined that—

(a)a person’s fitness to practise is impaired by reason of a matter falling within paragraph (da) of subsection (2) of section 35C, but

(b)that person’s fitness to practise is not impaired by any matter falling within any other paragraph of that subsection other than paragraph (d).]]

Textual Amendments

F5S. 35E(3)(b) substituted (19.7.2006 for specified purposes, 15.9.2006 in so far as not already in force as notified in the London Gazette dated 8.9.2006) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 58

Modifications etc. (not altering text)

C1S. 35E(1) excluded (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 84(5)(a)