Citation, commencement and interpretation

1. —(1) This Order may be cited as the Medical Act 1983 (Amendment) (Knowledge of English) Order 2014 and shall come into force on the day after the day on which this Order is made.

(2) In this Order, “the Act” means the Medical Act 1983( 2 ).

PART 1 Registration

Amendment to section 2 of the Act

2. —(1) Section 2 of the Act (registration of medical practitioners)( 3 ) is amended in accordance with this article.

(2) After subsection (3) insert—

“ (4)Section 35C(2)(da) (the necessary knowledge of English) shall not apply in determining whether a person’s fitness to practise is impaired for the purposes of registration under this Act. ” .

PART 2 Licence to Practise

Amendments to section 29B of the Act

3. —(1) Section 29B of the Act (grant, refusal and withdrawal of licence)( 4 ) is amended in accordance with this article.

(2) In subsection (1) after ‘shall’ insert ‘subject to subsection (1A),’.

(3) After subsection (1) insert—

“ (1A) Regulations under section 29A may include provision for a licensing authority to refuse to grant a licence to practise for a medical practitioner in any case where the person has not demonstrated the necessary knowledge of English to the authority (notwithstanding the medical practitioner’s registration under Part 2 or 3).

(1B) Regulations under section 29A which include provision under subsection (1A) must also include provision requiring the licensing authority, when determining whether a medical practitioner has demonstrated the necessary knowledge of English, to have regard to guidance published under section 29G(2A). ” .

(4) After subsection (2C) insert—

“ (2D) Regulations under section 29A may include provision requiring a licensing authority to take account, in particular, of such evidence as a medical practitioner provides of his knowledge of English. ” .

Amendments to section 29G of the Act

4. —(1) Section 29G of the Act (guidance)( 5 ) is amended in accordance with this article.

(2) After subsection (2) insert—

“ (2A) The General Council must publish guidance relating to the evidence, information or documents to be provided for the purposes of demonstrating that a medical practitioner has the necessary knowledge of English. ” .

Amendments to section 29J of the Act

5. —(1) Section 29J of the Act (miscellaneous)( 6 ) is amended in accordance with this article.

(2) After subsection (2D) insert—

“ (2E) Regulations under section 29A may make provision in connection with determining whether a medical practitioner has demonstrated the necessary knowledge of English; and the regulations may in particular—

(a) provide for the licensing authority to require a person to undertake an assessment to demonstrate whether the person has the necessary knowledge of English;

(b) require a person to provide any evidence, information or document which the licensing authority may reasonably request for the purpose of demonstrating whether the person has the necessary knowledge of English but the regulations may not require, or enable the licensing authority to request, evidence or information demonstrating that the practitioner’s knowledge of English exceeds the necessary knowledge of English;

(c) provide for the powers of the licensing authority in section 29E(1)(a) and (b) to be exercisable in relation to a person in connection with any refusal or failure by the person to provide the licensing authority with such information;

(d) make provision equivalent to section 29E(5) to (9) as to the disclosure of such information to the licensing authority (with appropriate modifications). ” .

PART 3 Fitness to Practise

Amendment to section 35C of the Act

6. —(1) Section 35C of the Act (functions of the investigation committee)( 7 ) is amended in accordance with this article.

(2) After subsection (2)(d) insert—

“ (da) not having the necessary knowledge of English (but see section 2(4)); ” .

Amendment to section 35D of the Act

7. —(1)Section 35D (functions of a fitness to practise panel)( 8 ) is amended in accordance with this article.

(2) In subsection (2)(a) after “except in a health case” insert “or language case”.

(3) In subsection (5)(b) after “except in a health case” insert “or language case”.

(4) In subsection (6) after “In a health case” insert “or language case”.

(5) In subsection (10)(a) after “except in a health case” insert “or language case”.

(6) In subsection (12)(a) after “except in a health case” insert “or language case”.

Amendment to section 35E of the Act

8. —(1)Section 35E (provisions supplementary to section 35D)( 9 ) is amended in accordance with this article.

(2) At the end of paragraph (b) of subsection (4) insert “other than paragraph (da)”.

(3) After subsection (4) insert—

“ (5) In section 35D, “language case” means any case in which a Fitness to Practise Panel has 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). ” .

Amendment to Schedule 4 to the Act

9. —(1) Schedule 4 to the Act (proceedings before the investigation committee, interim orders panels and fitness to practise panels)( 10 ) is amended in accordance with this article.

(2) After paragraph 5A(9) (professional performance assessments) insert—

“ (10) In this paragraph a reference to the standard of a registered person’s professional performance includes the standard of the person’s knowledge of English and, in particular, whether the person has the necessary knowledge of English.

(11) But an assessment carried out by virtue of this paragraph must not be limited to an assessment of whether a person has the necessary knowledge of English.

(12) Where an assessment is required to be undertaken by virtue of paragraph 5C below, that assessment shall not be carried out by an Assessment Team. ” .

(3) After paragraph 5B insert—

“ Knowledge of English Assessments

5C. —(1) The General Council may make rules—

(a) authorising the giving of directions by any of—

(i) the Investigation Committee,

(ii) a Fitness to Practise Panel,

(iii) such other persons as may be specified in the rules,

requiring a registered person to undertake an assessment of that person’s knowledge of English;

(b) specifying circumstances in which such an assessment may be undertaken otherwise than in accordance with a direction.

(2) An assessment required to be undertaken by virtue of this paragraph must be undertaken in accordance with rules made by the General Council under this paragraph; and the rules shall, in particular, provide—

(a) for the procedures to be followed by such persons when directing a registered person to undertake such an assessment;

(b) for the registered person who is required to undertake such an assessment to provide information in respect of that assessment to such persons as may be prescribed under the rules;

(c) for the information provided by virtue of paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

(3) If the Registrar is of the opinion that a person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment the Registrar may—

(a) refer the matter to the Fitness to Practise Panel, and

(b) if he does so, shall without delay serve on the person a notification of the making of such a referral.

(4) Where a matter is referred to the Fitness to Practise Panel under sub-paragraph (3), they may, if they think fit—

(a) direct that the person’s registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b) direct that the person’s registration shall be conditional on the person’s compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as the Fitness to Practise Panel think fit to impose for the protection of members of the public or in the person’s interests.

(5) Where under sub-paragraph (4), the Fitness to Practise Panel give a direction for suspension or a direction for conditional registration the Registrar must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (7).

(6) While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (4)—

(a) the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b) sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.

(7) An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of a Fitness to Practise Panel given under sub-paragraph (4) and on an appeal under this paragraph the relevant court may—

(a) quash the direction,

(b) substitute for the direction any other direction which the Panel could have made, or

(c) remit the case to the Registrar for him to refer it to a Fitness to Practise Panel to be disposed of in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

(8) Subject to paragraph 9, an appeal under sub-paragraph (7) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (5).

(9) Sub-paragraphs (6) to (9) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph. ” .

(4) In paragraph 8(1) (service of notifications of decisions)( 11 ) after “41A(5) of this Act” insert “or paragraph 5C(3) or (5) above.”.

(5) In paragraph 9 (extension of time for appealing)—

(a) in sub-paragraph (a), after “39(2) of this Act” insert “or paragraph 5C(5) above”;

(b) after “section 40 of this Act” insert “or paragraph 5C(7) above or under rules made by virtue of paragraph 5A(3) above ”.

(6) After paragraph10A( 12 ) insert—

“ 10B. —(1) A direction for suspension or for conditional registration given by the Fitness to Practise Panel under paragraph 5C(4) above shall take effect—

(a) where no appeal under paragraph 5C(7) above is brought against the direction within the time specified in paragraph 5C(8) above, on the expiration of that time;

(b) where such an appeal is so brought but is withdrawn or dismissed for want of prosecution, on the withdrawal or dismissal of the appeal;

(c) where such an appeal is so brought and is not withdrawn or dismissed for want of prosecution, if and when the appeal is dismissed.

(2) Where the time for appealing against a direction is extended by an authorisation under paragraph 9 above—

(a) sub-paragraph (1) above shall apply to the direction as if the reference in paragraph (a) to the time specified in paragraph 5C(8) above were a reference to that time as so extended; and

(b) if the authorisation is given after the expiration of the time specified in paragraph 5C(8) above, the direction shall be deemed not to have taken effect on the expiration of that time,

and any reference in this Act to the time when such a direction takes effect in accordance with this paragraph shall be construed accordingly. ” .

(7) In paragraph 11—

(a) in sub–paragraph (1)—

(i) after “section 35D(2) of this Act” insert “or under paragraph 5C(4) above or under rules made by virtue of paragraph 5A(3) above”;

(ii) after “paragraph 10” insert “or 10B”;

(b) in sub–paragraph (3)—

(i) after “section 35D(2) of this Act” insert “or under paragraph 5C(4) above or under rules made by virtue of paragraph 5A(3) above”;

(ii) after “paragraph 10” insert “or 10B”.

(8) In paragraph 12 (recording of directions for suspension or conditional registration) after “section 35D of this Act” insert “or under paragraph 5C(4) of this Schedule”.

PART 4 Interpretation

Amendment to section 55 of the Act

10. —(1) Section 55(1) of the Act (interpretation) is amended in accordance with this article.

(2) For the definition of “the necessary knowledge of English” substitute—

“ “the necessary knowledge of English”, in relation to a person, means the knowledge of English which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom; ” .

PART 5 Transitional Provision

11. This Order is not to apply—

(a) to any application for registration as a medical practitioner, or

(b) to any application for a licence to practise,

received by the General Medical Council before the day on which this Order comes into force and which has not been determined before that day.

12. Subject to article 11, this Order is to apply in relation to any decision to grant a licence to practise by virtue of Part IIIA of the Act notwithstanding that the medical practitioner to whom the decision relates has been registered under the Act before the day on which this Order comes into force.