The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006

• Citation: S.I. 2006/1914
• Sections: 92

Section 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006.

(2) As regards commencement—

(a) this article and articles 2, 57(3), 82, 91 and 92 shall come into force on the day after the day on which this Order is made;

(b) the following, that is to say—

(i) the provisions of this Order which confer powers enabling orders to be made by the Privy Council, and

(ii) the amendments to the Act , contained in this Order, which contain or amend powers enabling orders, regulations, rules or directions to be made by the Education Committee, the General Council or the Privy Council,

shall come into force on the making of this Order, but for the purpose only of the exercise of those powers; and

(c) otherwise, the provisions of this Order shall come into force on such days as the Secretary of State may specify.

(3) Different days may be specified under paragraph (2)(c) for different purposes, and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.

(4) Subject to paragraph (5), this Order shall extend to England and Wales, Scotland and Northern Ireland.

(5) The extent of any amendment of any enactment or instrument in Part 14 is the same as that of the enactment or instrument amended.

(6) In this Order, “the Act” means the Medical Act 1983 .

Section 2 Amendment of the Medical Act 1983

The Act shall be amended in accordance with the provisions of Parts 1 to 12.

Section 3 Amendment of sections 1 and 29A of, and Schedule 1 to, the Act

(1) In the following provisions—

(a) subsection (3)(c) of section 1 (the General Medical Council); and

(b) the heading of paragraph 19B of Schedule 1 (constitution of the General Medical Council),

for “Registration Decisions Panels” substitute “Registration Panels”.

(2) In the following provisions—

(a) subsection (5)(b) of section 29A (regulations as to licence to practise and revalidation); and

(b) paragraphs 19B and 23(c) of Schedule 1 ,

for “Registration Decisions Panel” substitute Registration Panel“.

Section 4 Amendment of section 2 of the Act

In section 2 (registration of medical practitioners)—

(a) in subsection (1), for “two registers” substitute “a register”;

(b) in subsection (2)—

(i) for “two registers referred to are” substitute “register referred to is”, and

(ii) omit “, and “the register of medical practitioners with limited registration”“; and

(c) in subsection (3)—

(i) omit “or with limited registration”, and

(ii) omit “or in the register of medical practitioners with limited registration”.

Section 5 Repeal of sections 22 to 25 of the Act

Omit sections 22 (limited registration of persons by virtue of overseas qualifications), 23 (limited registration: supplementary provisions), 24 (limited registration: erasure) and 25 (full registration of persons with limited registration).

Section 6 First article amending section 26 of the Act

In section 26 (registration of qualifications), omit subsection (2).

Section 7 Amendment of section 29B of the Act

In subsection (1)(a) of section 29B (grant, refusal and withdrawal of licence), for “either full registration or limited registration” substitute “full registration”.

Section 8 First article amending section 30 of the Act

In section 30 (which contains general provisions relating to the register)—

(a) omit subsection (2);

(b) in subsection (3)—

(i) for “Each register” substitute “The register”, and

(ii) in paragraph (e), for “that register” substitute “the register”;

(c) in subsection (4), for “the registers” substitute “the register”;

(d) in subsection (5), for “either register” substitute “the register”; and

(e) in subsection (6), for “either register” substitute “the register”.

Section 9 First article amending section 31 of the Act

In section 31 (which relates to the making of regulations with respect to the register)—

(a) in subsection (1)—

(i) for “the registers” substitute “the register”, and

(ii) for “in them” substitute “in it”;

(b) in subsection (2)—

(i) for “the registers” substitute “the register”, and

(ii) for “either register” substitute “the register”;

(c) omit subsection (3);

(d) in subsection (8), for “the registers or a particular list in the register of medical practitioners in which he was registered” substitute “the register”; and

(e) in subsection (9)(a), omit “or a particular list in it”.

Section 10 First article amending section 32 of the Act

In section 32 (registration fees), omit subsection (6).

Section 11 Amendment of section 34 of the Act

(1) In subsection (1) of section 34 (which relates to publication of the register), for the words from “appear in” to the end of the subsection substitute “appear in the register”.

(2) For the heading of section 34 substitute “Publication of the register”.

Section 12 First article amending section 35A of the Act

In subsection (8) of section 35A (General Council’s power to require disclosure of information), for “fully registered person, a provisionally registered person or a person registered with limited registration” substitute “fully registered person or a provisionally registered person”.

Section 13 Amendment of section 35C of the Act

In subsection (1) of section 35C (functions of the Investigation Committee), for paragraphs (a) to (c) substitute the following paragraphs—

(a) a fully registered person; or

(b) a person who is provisionally registered,

Section 14 First article amending section 41A of the Act

In subsection (13) of section 41A (interim orders), omit “and to a person registered with limited registration”.

Section 15 First article amending section 55 of the Act

In subsection (1) of section 55 (interpretation)—

(a) in the definition of “fully registered person”, omit paragraph (b);

(b) omit the definition of “limited registration”;

(c) omit the definition of “the permitted period”; and

(d) for the definition of “the register” substitute the following definition—

“the register” means the register of medical practitioners;

Section 16 Second article amending Schedule 1 to the Act

In Schedule 1 (constitution of the General Medical Council)—

(a) in paragraph 2(4), for paragraph (b) substitute the following paragraph—

(b) are fully registered or provisionally registered; and

(b) in paragraph 2(5), for paragraph (a) substitute the following paragraph—

(a) is fully registered or provisionally registered; and

(c) in paragraph 3(2), for paragraph (a) substitute the following paragraph—

(a) is fully registered or provisionally registered; and

Section 17 First article amending Schedule 3 to the Act

In Schedule 3 (registration: supplementary provisions)—

(a) in paragraph 5(4), omit “in question”; and

(b) in paragraph 6—

(i) in sub-paragraph (2), in each of paragraphs (a) and (b) omit “in question”, and

(ii) in sub-paragraph (3), for “a register” substitute “the register”.

Section 18 First article amending Schedule 3A to the Act

In paragraph 2(1) of Schedule 3A (registration appeals)—

(a) omit paragraphs (i) to (k); and

(b) in paragraph (l), omit “or (2)”.

Section 19 Amendment of Schedule 6 to the Act

Omit paragraph 23 of Schedule 6 (transitional and saving provisions).

Section 20 First article amending section 3 of the Act

In subsection (1) of section 3 (registration by virtue of primary United Kingdom or primary European qualifications), for paragraph (a) substitute the following paragraph—

(a) holds one or more primary United Kingdom qualifications and has satisfactorily completed an acceptable programme for provisionally registered doctors; or

Section 21 Amendment of section 5 of the Act

In section 5 (general functions of the Education Committee in relation to medical education in the United Kingdom)—

(a) for paragraph (c) in subsection (2) substitute the following paragraph—

(c) discharge their functions under section 10A below in respect of programmes for provisionally registered doctors.

(b) in subsection (2A), for “subsection (2) above,” substitute “subsection (2)(a) or (b) above or discharging their functions mentioned in subsection (2)(c) above,”;

(c) for subsection (3) substitute the following subsections—

(3) Determinations of the Education Committee under subsection (2)(a) or (b) above shall be published in such manner as they see fit.

(3A) Such determinations—

(a) are binding on universities or other bodies concerned with medical education as regards the matters to which they relate; and

(b) accordingly, those universities or other bodies must act in accordance with them as regards the matters to which they relate.

(d) in subsection (4)—

(i) in the definition of “the prescribed knowledge and skill” for “embodied in recommendations” substitute “set out in determinations published”,

(ii) in the definition of “the prescribed standard of proficiency”, for “embodied in recommendations” substitute “set out in determinations published”, and

(iii) omit the definition of “a prescribed pattern of experience”.

Section 22 Amendment of section 8 of the Act

In subsection (1) of section 8 (power to add further qualifying examinations), for “any university or combination of universities” substitute “any university or other body, or any combination of bodies (including universities),”.

Section 23 Repeal of sections 10 to 13 of the Act

Omit section 10 (experience required for full registration by virtue of primary United Kingdom qualifications), section 11 (provisions supplementary to section 10, etc.), section 12 (special provisions as to employment in health centres) and section 13 (power to appoint visitors of approved hospitals).

Section 24 New section 10A of the Act

After section 9, insert the following section—

Programmes for provisionally registered doctors

(10A)

(1) For the purposes of this Act, “acceptable programme for provisionally registered doctors” means a programme that is for the time being recognised by the Education Committee as providing a provisionally registered person with an acceptable foundation for future practice as a fully registered medical practitioner.

(2) In connection with recognising programmes for provisionally registered doctors as mentioned in subsection (1) above, the Education Committee may determine—

(a) the duration of a programme for provisionally registered doctors, subject to any provision made in an order under subsection (3);

(b) the bodies that may provide, arrange for the provision of or be responsible for programmes for provisionally registered doctors and (where different) the bodies by whom a person is to be employed or engaged while he is participating in a programme for provisionally registered doctors;

(c) the content and standard of programmes for provisionally registered doctors;

(d) activities which a person is, or is not, to engage in as part of or while participating in a programme for provisionally registered doctors;

(e) the arrangements for certification that a person has satisfactorily completed a programme for provisionally registered doctors, including—

(i) determining the bodies that may certify that a person has satisfactorily completed a programme for provisionally registered doctors,

(ii) determining assessment arrangements and the standards required for certification, and

(iii) determining the form of the certificate of experience to be awarded on satisfactory completion of a programme for provisionally registered doctors; and

(f) arrangements for a person with a disability not to be disadvantaged unfairly by the disability when participating in a programme for provisionally registered doctors.

(3) The Privy Council may by order prescribe a minimum and a maximum period for the duration of a programme for provisionally registered doctors, and may prescribe different periods for different programmes.

(4) Determinations of the Education Committee under subsection (2) above shall be published in such manner as they see fit.

(5) Such determinations—

(a) are binding on bodies concerned with programmes for provisionally registered doctors as regards the matters to which they relate; and

(b) accordingly, those bodies must act in accordance with them as regards the matters to which they relate.

(6) The Privy Council—

(a) except where acting in accordance with a proposal made by the Education Committee, shall consult the Education Committee before making, varying or revoking any order under subsection (3) above; and

(b) shall, when making, varying or revoking any order under subsection (3) above, act in a manner which is consistent with the requirements of article 23 of Directive 93/16/ EEC .

(7) For the purpose of—

(a) determining whether any programme for provisionally registered doctors should for the time being be recognised; or

(b) making any determination in connection with a body mentioned in subsection (2),

the Education Committee may appoint persons to consider programmes for provisionally registered doctors, to visit the bodies mentioned in subsection (2) and to report to the Education Committee on those programmes and those bodies.

(8) If the Education Committee have formed the provisional opinion—

(a) that a programme for provisionally registered doctors that has been recognised by them should no longer be recognised by them, they shall notify that opinion in writing to any body, mentioned in subsection (2), that is connected with that programme and shall allow that body a reasonable opportunity to respond before determining whether or not to end their recognition of that programme; or

(b) that a determination under subsection (2)(b) or (e)(i) should be revoked, they shall notify that opinion in writing to the body in respect of whom the determination was made and shall allow that body a reasonable opportunity to respond before determining whether or not to revoke that determination.

Section 25 Amendment of section 14 of the Act

For subsection (1) of section 14 (alternative requirements as to experience in certain cases) substitute the following subsection—

(1) On an application made to them by a person to whom this section applies, the General Council may direct that, as an alternative to the satisfactory completion of an acceptable programme for provisionally registered doctors, it shall be sufficient for the applicant to satisfy the General Council that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors.

Section 26 Substitution of section 15 of the Act

For section 15 (provisional registration) substitute the following section—

Provisional registration

(15)

(1) This section shall have effect for enabling persons wishing to complete an acceptable programme for provisionally registered doctors to participate in such a programme.

(2) A person shall be entitled to be registered provisionally under this section if—

(a) he has not satisfactorily completed an acceptable programme for provisionally registered doctors; but

(b) apart from that he would be entitled to be registered under section 3 above.

(3) A person provisionally registered under this section shall be deemed to be registered under section 3 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

Section 27 First article amending section 19 of the Act

In section 19 (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.)—

(a) in subsection (1)—

(i) in paragraph (a), after “he holds” insert “, or has passed all the qualifying examinations necessary for obtaining,”, and

(ii) for paragraph (b) substitute the following paragraph—

(b) that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors; and

(b) omit subsection (4).

Section 28 Amendment of section 21 of the Act

In section 21 (which relates to provisional registration)—

(a) for subsection (1) substitute the following subsection—

(1) The following provisions shall have effect for enabling persons wishing to satisfy the Registrar of the matters specified in section 19(1)(b) above to participate in an acceptable programme for provisionally registered doctors.

(b) for subsection (3) substitute the following subsection—

(3) A person provisionally registered under this section shall be deemed to be registered under section 19 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

and in the heading of section 21, after “provisional registration” add “of EEA nationals etc. with certain overseas qualifications”.

Section 29 Second article amending section 30 of the Act

In subsection (4) of section 30 (which contains general provisions relating to the register) after “who have died,” insert “or who have been provisionally registered for longer than the period prescribed in respect of them,”.

Section 30 Second article amending section 31 of the Act

In section 31 (which relates to the making of regulations with respect to the register)—

(a) after subsection (4) insert the following subsection—

(4A) Regulations under this section may provide for a maximum period for which a person may be provisionally registered, and may provide for—

(a) different maximum periods for which different classes of persons may be provisionally registered; and

(b) the maximum period not to apply to specified classes of persons.

(b) in subsection (10), for “subsection (8) or (9)” substitute “subsection (4A), (8) or (9)”.

Section 31 First article amending section 50 of the Act

In subsection (1)(b) of section 50 (default powers of Privy Council), for “10, 11, 12, 13 or” substitute “10A or”.

Section 32 Amendment of section 51 of the Act

For subsection (3) of section 51(exercise of powers to make Orders in Council and other orders), substitute the following subsection—

(3) Subsection (2) above does not apply to—

(a) an Order in Council under section 8(2) above; or

(b) an order of the Privy Council under section 10A(3) or 31(10) above.

Section 33 Second article amending section 55 of the Act

In subsection (1) of section 55 (interpretation)—

(a) after the definition of “acceptable overseas qualification” insert the following definition—

“acceptable programme for provisionally registered doctors” has the meaning given by section 10A(1) above;

(b) omit the definition of “a prescribed pattern of experience”.

Section 34 Third article amending Schedule 1 to the Act

In paragraph 25(3) of Schedule 1 (constitution of the General Medical Council), for “or 13(1)” substitute “or 10A(6)”.

Section 35 New sections 21B and 21C of the Act replacing section 21A of the Act

(1) Omit section 21A (full registration for eligible specialists and qualified general practitioners).

(2) After section 21, insert the following sections—

Full registration of persons with an overseas qualification

(21B)

(1) Where a person satisfies the Registrar—

(a) that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b) that he possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom;

(c) that his fitness to practise is not impaired; and

(d) unless he is an exempt person, that he has the necessary knowledge of English,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(2) In this Act, an “acceptable overseas qualification” means any qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

Provisional registration of persons with an overseas qualification

(21C)

(1) The following provisions shall have effect for enabling persons wishing to participate in programmes for provisionally registered doctors in order to be able to satisfy the Registrar, in accordance with section 21B(1)(b), that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

(2) A person who satisfies the Registrar—

(a) of the matters specified in paragraphs (a), (c) and (d) of section 21B(1) above; and

(b) that he possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

may apply to the General Council to be provisionally registered under this section and, if the Council think fit so to direct, that person shall be so registered.

(3) A person provisionally registered under this section shall be deemed to be registered under section 21B above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

Section 36 Second article amending section 26 of the Act

In section 26 (registration of qualifications), in subsection (1), for “21 or 21A” substitute “21, 21B or 21C”.

Section 37 New sections 27A and 27B of the Act replacing section 27 of the Act

(1) Omit section 27 (temporary full registration for visiting overseas specialists).

(2) After section 26, insert the following sections—

Temporary registration for visiting eminent specialists

(27A)

(1) A person who is an eminent specialist in a particular branch of medicine and who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services within that branch of medicine may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2) If the person referred to in subsection (1) satisfies the Registrar—

(a) that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b) that he is entitled to practise medicine in the State where he is ordinarily resident;

(c) that he is or will be employed or engaged within the United Kingdom to provide medical services in a particular branch of medicine;

(d) that he is an eminent specialist in that particular branch of medicine; and

(e) that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to any conditions specified in the direction, for such period (being no more than 26 weeks) as they specify in the direction.

(3) The General Council may, if they think fit so to direct, vary the conditions specified in the direction and, subject to subsection (4), may extend the period specified in the direction for which the person is registered under this section.

(4) A person may not be registered under this section for more than 26 weeks in any period of five years.

(5) A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6) If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a) is to be treated as not being done by a registered medical practitioner; and

(b) may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

Special purpose registration

(27B)

(1) A person who is or intends to be in the United Kingdom temporarily for the purposes of providing particular medical services exclusively to persons who are not nationals of the United Kingdom may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2) If the person referred to in paragraph (1) satisfies the Registrar—

(a) that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b) that he is entitled to practise medicine in the State where he is ordinarily resident;

(c) that he is or will be employed or engaged within the United Kingdom—

(i) at an establishment that provides medical services for persons who are not nationals of the United Kingdom, and

(ii) to provide particular medical services, but only for persons who are not nationals of the United Kingdom; and

(d) that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to the conditions specified in the direction, for such period as they specify in the direction.

(3) The conditions that the General Council specifies in any direction under subsection (2) are to comprise or include—

(a) a condition that the person shall, except in an emergency, provide medical services within the United Kingdom only to persons who are not nationals of the United Kingdom; and

(b) a condition that the person shall, except in an emergency, provide only the particular medical services which are specified in the direction, whilst he is in the United Kingdom.

(4) The General Council may, if they think fit so to direct, vary the conditions in the direction (but not in such a way that the requirements of subsection (3) are no longer met) and may extend the period specified in the direction for which the person is registered under this section.

(5) A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6) If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a) is to be treated as not being done by a registered medical practitioner; and

(b) may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

Section 38 Third article amending section 30 of the Act

In subsection (1) of section 30 (which contains general provisions relating to the register)—

(a) in paragraph (a), for “21A or 25” substitute “21B or 21C”; and

(b) in paragraph (c), for “section 27” substitute “section 27A or 27B”.

Section 39 Third article amending section 31 of the Act

In subsection (4) of section 31 (which relates to the making of regulations with respect to the register), after “section 21” insert “or 21C”.

Section 40 First article amending section 41 of the Act

In subsection (4) of section 41 (restoration of names to the register), for “15A or 21” in both places where it occurs, substitute “15A, 21 or 21C”.

Section 41 Third article amending section 55 of the Act

In subsection (1) of section 55 (interpretation)—

(a) in the definition of “acceptable overseas qualification” for “section 22(4)” substitute “section 21B(2)”;

(b) in the definition of “fully registered person”—

(i) for “21A, 25 or 27” substitute “21B, 27A or 27B”, and

(ii) in paragraph (a), for “15A(4) or 21” substitute “15A(4), 21 or 21C”; and

(c) in the definition of “provisionally registered”, for “15A or 21” substitute “15A, 21 or 21C”.

Section 42 Fourth article amending Schedule 1 to the Act

In paragraph 11 of Schedule 1 (constitution of the General Medical Council), for “21A or 22” substitute “21B or 21C”.

Section 43 Second article amending Schedule 3 to the Act

In paragraph 5(2) of Schedule 3 (registration: supplementary provisions), for “21A, 22 and 25 or 27” substitute “21B, 21C, 27A or 27B”.

Section 44 Second article amending Schedule 3A to the Act

In Schedule 3A (registration appeals)—

(a) in paragraph 2(1)—

(i) omit paragraph (h),

(ii) before paragraph (l) insert the following paragraphs—

(ka) a decision not to direct that a person be registered under section 21B of this Act (full registration of persons with an overseas qualification);

(kb) a decision not to direct that a person be registered under section 21C of this Act (provisional registration of persons with an overseas qualification);

(iii) for paragraph (m) substitute the following paragraphs—

(m) a decision under section 27A of this Act (temporary registration for visiting eminent specialists)—

(i) not to direct that a person be registered under that section,

(ii) as to any conditions specified in a direction that a person be registered under that section;

(ma) a decision under section 27B of this Act (special purpose registration)—

(i) not to direct that a person be registered under that section,

(ii) as to the conditions specified in a direction that a person be registered under that section;

(b) in paragraph 3(2), for “19, 21A or 22” substitute “15, 15A, 19 or 21”.

Section 45 Second article amending section 3 of the Act

In subsection (1) of section 3 (registration by virtue of primary United Kingdom or primary European Qualifications), after “any person” insert “whose fitness to practise is not impaired and”.

Section 46 Amendment of section 15A of the Act

At the end of subsection (2) of section 15A (provisional registration for EEA nationals), add “if his fitness to practise is not impaired”.

Section 47 Second article amending section 19 of the Act

In section 19 (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.), in subsection (1), for paragraph (c) substitute the following paragraph—

(c) that his fitness to practise is not impaired,

Section 48 Fourth article amending section 31 of the Act

In subsection (9)(a) of section 31 (which relates to the making of regulations with respect to the register), for “good character” substitute “fitness to practise”.

Section 49 First article amending section 40 of the Act

In section 40 (appeals)—

(a) after subsection (1) insert the following subsection—

(1A) A decision under regulations made—

(a) under section 31 above by virtue of subsection (8) of that section; or

(b) under section 31A(1)(c) above,

not to restore a person’s name to the register for a reason that relates to his fitness to practise is also an appealable decision for the purposes of this section.

(b) after subsection (4) insert the following subsection—

(4A) A person in respect of whom an appealable decision falling within subsection (1A) has been taken may, before the end of the period of 28 days beginning with the date on which notification of the decision was served, appeal against the decision to the relevant court.

(c) in subsection (5), for “subsection (4)” substitute “subsections (4) and (4A)”.

Section 50 Second article amending section 41 of the Act

In subsection (1) of section 41 (restoration of names to the register), after “section 35D above,” insert “or section 44B(4)(b) below,”.