s 40 Notice to fully registered person to serve in a medical capacity in the public services
(1) Every person who obtains full registration under this Act shall be liable immediately upon being fully registered or at any time thereafter to be served with a written notice issued by or on behalf of the Director General requiring such person to assume appointment in a medical capacity in such post in such public service and on such date, as may, in each of these respects, be specified in the notice. (2) A person served with a notice under subsection (1) shall comply with such notice and if he fails to do so he shall be guilty of an offence under this Act. (3) Immediately upon a charge under subsection (2) or under section 41 being proved in court against any person, the registration of such person under section 14 shall be deemed to be revoked, and the Registrar shall accordingly strike off from the Register the name of such person. (4) (a) Where the name of a person is struck off from the Register under subsection (3), it shall not be restored on the Register except upon a direction given by the Minister, and the Minister may give such direction upon an application in writing being made to him by the person whose name has been struck off from the Register. (b) Any direction so given may be made subject to the fulfilment of such terms and conditions as the Minister may deem fit to impose, and such terms and conditions requiring such person to serve in a medical capacity to the satisfaction of the Director General for a continuous total period of not less than three years in such post in such one or more of the public services as may from time to time be determined by the Director General in his discretion. (c) While such person is fulfilling the terms and conditions imposed under this subsection he shall be deemed to be fully registered so far as is necessary to fulfil the terms and conditions imposed under this subsection and for such other purposes as the Minister may direct, but no further; and upon fulfilment of the terms and conditions imposed under this subsection he shall be entitled to a certificate issued by the Director General as evidence thereof. (5) The decision of the Minister upon an application made to him under subsection (4) for the restoration of a name upon the Register shall be final and shall not be questioned or reviewed in any court whatsoever. (6) Where a notice under subsection (1) has been served on any person liable to be served therewith, the Director General may at any time cancel the notice and, if he thinks fit, cause to be served on him a further notice under subsection (1). *NOTE—This Part shall be deemed to have come into force on 01-10-1986 – see subsection 12(1) Act A840.