Medical Practitioners Act 2007
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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. |