The Medical Act 1983 Amendments (Further Transitional Provisions) Order of Council 2007

• Citation: S.I. 2007/2796
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Medical Act 1983 Amendments (Further Transitional Provisions) Order of Council 2007 and shall come into force on 19th October 2007.

(2) In this Order—

“ the Act ” means the Medical Act 1983 ;

“the Amending Order ” means the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006; and

“the Fraud or Error Rules ” means the Rules scheduled to the General Medical Council (Fraud or Error in Relation to Registration) Rules Order of Council 2005 , as in force on 18th October 2007.

(3) Words and expressions used both in article 3 or 4 and in the Act bear the meanings they bear in the Act.

Section 2 Transitional provision pending the introduction of new requirements for the register of medical practitioners

Pending the coming into force of article 8(b)(i) of the Amending Order (which relates to amendments to section 30 of the Act), section 30(3) of the Act (which contains general provisions relating to the register) shall apply as if for “Each Register” there were substituted “The Register”.

Section 3 Transitional provisions relating to fraud or error cases

(1) Subject to paragraph (2), any allegation that an entry in the register has been fraudulently procured or incorrectly made that is being dealt with under section 39 of the Act (which relates to fraud or error in relation to registration) on 18th October 2007 shall thereafter be dealt with under section 39 of the Act as substituted on 19th October 2007 by the Amending Order.

(2) If, in a case where it appears to the Registrar that a person’s entry in the register may have been—

(a) incorrectly made but not fraudulently procured, and the Registrar has, prior to 19th October 2007, written to the person in accordance with rule 4(1) of the Fraud or Error Rules; or

(b) fraudulently procured, and the Registrar has, prior to 19th October 2007, referred the matter to the President in accordance with rule 5(1) of the Fraud or Error Rules,

that case shall be dealt with under sections 39 and 40 of the Act , as in force on 18th October 2007, and the Fraud or Error Rules.

Section 4 Transitional provisions relating to section 44A cases

(1) Subject to paragraph (2)(b), where a matter is being dealt with under section 44A(2) of the Act (effect of disqualification or conviction on registration) on 18th October 2007, that matter shall thereafter be dealt with under section 44B(1) of the Act (provision of information in respect of fitness to practise matters).

(2) If, before 19th October 2007, the Registrar has decided—

(a) not to register a person by virtue of section 44A(1) of the Act; or

(b) to remove a person’s name from the register pursuant to section 44A(2) of the Act,

that Act as in force on 18th October 2007 shall apply for the purposes of any appeal against that decision.

(3) If, before 19th October 2007, a Fitness to Practise Panel is seized of a matter that may give rise to a direction under section 44A(4), section 44A(4) shall continue to apply as regards that matter notwithstanding its repeal by virtue of the Amending Order.

Section 5 Transitional provision relating to Schedule 3A

Pending the coming into force of article 69 of the Amending Order (new section 44C of the Act), in Schedule 3A to the Act (registration appeals), in paragraph 1 (interpretation), paragraph (b) of the definition of “person making the decision” shall apply as if, for “44, 44B or 44C” there were substituted “44 or 44B”.