Medical Practitioners
(Registration) (General Provisions) (Jersey) Order 2014
THE MINISTER FOR HEALTH AND SOCIAL SERVICES, in pursuance of
Articles 3(2), 4, 5(2), 5A(1), 5B(7), 11(1) and
12A of the Medical Practitioners (Registration) (Jersey) Law 1960[1], orders as follows –
Commencement [see
endnotes]
1 Interpretation
(1) In
this Order –
“1983 Act” means the
Medical Act 1983 of the United Kingdom, as amended;
“authority to practise” shall be construed in
accordance with Article 5(1);
“General Council”
means the General Medical Council continued, as a body corporate, by
section 1 of the 1983 Act;
“GMC reference number”
means the number assigned to a person entered in the UK Practitioners Register;
“Law” means the
Medical Practitioners (Registration) (Jersey) Law 1960[2];
“licence to practise” means such a licence granted
in accordance with regulations made under section 29A of
the 1983 Act;
“prescribed connection” shall be construed in
accordance with Article 3 of the Responsible Officers Order;
“Responsible Officers Order”
means the Medical Practitioners (Registration) (Responsible Officers) (Jersey)
Order 2014[3];
“specified information” means –
(a) the information specified in the Schedule;
(b) the information required to be provided under
Article 6(3);
“UK Practitioners Register”
means the register kept under section 2 of the 1983 Act.
(2) In
this Order, unless the context otherwise requires, a reference to a responsible
officer is to such an officer appointed under the Responsible Officers Order.
(3) In
this Order, a reference to the classification of a registered medical
practitioner is to be construed in accordance with Article 3 of the
Responsible Officers Order.
2 Register
of registered medical practitioners
The information to be entered in the register in respect of a
registered medical practitioner is –
(a) the specified information; and
(b) in respect of the practitioner’s registration in
Jersey –
(i) the number assigned to the practitioner upon his or her
registration under the Law,
(ii) the practitioner’s GMC reference number,
(iii) the classification of the practitioner under Article 3
of the Responsible Officers Order,
(iv) the date the practitioner was first registered in Jersey,
(v) the dates of the returns made by the practitioner in
compliance with Article 5D of the Law and Article 7 of this Order,
and
(vi) where any condition has been imposed under Article 5B
of the Law, the condition, the date the condition was imposed and, if applicable,
the date the condition was removed.
3 List
of registered medical practitioners
The information to be shown in respect of a registered medical
practitioner in the list maintained under Article 4 of the Law
is –
(a) the full name with which the practitioner is registered;
(b) if the practitioner consents, the address of each of the
practitioner’s places of employment or business in Jersey;
(c) the number assigned to the practitioner upon his or her
registration under the Law; and
(d) the practitioner’s GMC reference number.
4 Application
for registration
(1) An
application for registration as a medical practitioner must –
(a) be made in writing, using a form supplied by the Commission
for the purpose;
(b) contain the particulars and be accompanied by the documents
specified in the Schedule;
(c) include
a declaration, signed and dated by the applicant, that, to the best of the
applicant’s knowledge, information and belief, the information provided
by him or her is true and complete; and
(d) be accompanied by the fee determined by the Commission under
Article 5(3) of the Law.[4]
(2) An
applicant for registration must produce such documents as the Commission
requires to verify the information specified in the application.[5]
5 Requirements
for registration
Every applicant for registration must have the following authority
to practise –
(a) the applicant must be a fully registered medical
practitioner under section 3 of the 1983 Act, whose registration
is not suspended under that Act; and
(b) the applicant must hold a licence to practise.
6 Mandatory
conditions of registration
(1) The
requirements in this Article are mandatory conditions of registration
applicable to every registered medical practitioner.
(2) A
registered medical practitioner must comply with any conditions imposed and
undertakings given by him or her in connection with his or her registration
under the 1983 Act or licence to practise.
(3) A
registered medical practitioner must inform the Commission, in writing, within
7 days, of –
(a) any referral to the General Council regarding his or her
fitness to practise;
(b) the outcome of any proceedings under the General Medical
Council (Fitness to Practise) Rules Order of Council 2004;
(c) his or her being charged with or convicted of an offence in
Jersey or an offence committed elsewhere which, if committed in Jersey, would
constitute an offence;
(d) a change in the practitioner’s classification under
Article 3 of the Responsible Officers Order;
(e) the practitioner acquiring or ceasing to have a prescribed
connection; or
(f) if
the practitioner acquires or has a change of responsible officer in the United
Kingdom, by virtue of a prescribed connection, the name and address of the
practitioner’s new responsible officer.[6]
(4) A
registered medical practitioner must inform the Commission, in writing, within
one month, of any change in the information provided by the practitioner upon
his or her application for registration.[7]
(5) If,
in compliance with paragraph (4), a registered medical practitioner is
required to inform the Commission of a change of the practitioner’s name,
the practitioner must, at the same time, submit to the Commission evidence of
such change.[8]
(6) A
registered medical practitioner must comply with any requirement under
Article 7.
(7) A
registered medical practitioner who is in a class prescribed in Article 3
of the Responsible Officers Order must –
(a) co-operate with his or her responsible officer when that
officer is discharging his or her responsibilities in relation to the
registered medical practitioner; and
(b) provide information reasonably required by that officer in
the discharge of his or her responsibilities in relation to the registered
medical practitioner.
(8) The
references in paragraph (7) to the responsibilities of the responsible
officer in relation to the registered medical practitioner are to the
responsibilities prescribed in Schedule 1, 2, 3, 4 or 5 of the Responsible
Officers Order as the case requires and, in the case of the responsible officer
for the Performers class, to the functions of that officer for that class under
the Health Insurance (Performers List for General Medical Practitioners)
(Jersey) Regulations 2014[9].
7 Verification
of information held by Commission[10]
(1) The
Commission may require a registered medical practitioner to verify or, as the
case requires, inform the Commission of any changes in, the specified
information held by the Commission, as registrar, in respect of the
practitioner.[11]
(2) The
Commission may, for the purposes of paragraph (1), send a registered
medical practitioner a statement of all or any of the specified information.[12]
(3) The
registered medical practitioner must –
(a) in relation to the specified information contained in the
statement, either confirm that it is correct, or provide details of specified
information which is omitted from the statement or has changed;
(b) sign and date the statement; and
(c) return the statement to the Commission no later than the
date specified by the Commission.[13]
8 Commission’s
duty to pass information to responsible officer[14]
(1) Where
it appears to the Commission that any information received by the Commission
under this Order raises, or may raise, an issue regarding a registered medical
practitioner’s fitness to practise, the Commission must pass that
information to the practitioner’s responsible officer.[15]
(2) In
the case of a practitioner with a prescribed connection, the reference in
paragraph (1) to the practitioner’s responsible officer includes the
practitioner’s responsible officer determined in accordance with
regulations made under section 45A of the 1983 Act.
9 Transitional
arrangements
(1) Subject
to this Article, a medical practitioner who, immediately before commencement,
was registered as a medical practitioner under the 1960 Law shall
continue to be so registered.
(2) The
registration of a medical practitioner shall lapse on commencement
if –
(a) the medical practitioner was registered before 1st
January 1957; and
(b) the practitioner has not, before commencement, notified the
Minister of the practitioner’s wish to remain registered.
(3) If
a medical practitioner’s registration has lapsed under
paragraph (2), the practitioner may, within the period of 12 months
following commencement, notify the Minister that the practitioner wishes his or
her registration to be reinstated.
(4) The
Minister shall, upon receiving a notice under paragraph (2), reinstate a
practitioner’s registration.
(5) A
practitioner who is reinstated must comply with paragraph (7) –
(a) within the period specified in that paragraph; or
(b) if the practitioner is reinstated less than 28 days
before the expiry of the period specified in that paragraph – within
the period of 28 days following his or her reinstatement.
(6) If
a medical practitioner’s registration was suspended by the Royal Court
before commencement and, immediately before commencement, remains suspended,
Articles 9 and 10 of the Law, as they were in force before commencement,
shall continue to apply in the practitioner’s case until whichever is the
earlier of –
(a) the termination of the practitioner’s suspension by
the Royal Court under Article 9(4) of the Law as it was in force before
commencement; or
(b) the cancellation of the practitioner’s registration
under Article 10 of the Law as it was in force before commencement.
(7) Every
medical practitioner to whom paragraph (1) applies shall, within the
period of 12 months following commencement, provide the Minister with a
return of information.
(8) The
return shall –
(a) be made using the application form provided by the Minister
for the purposes of Article 4 and contain the information specified in
that form;
(b) contain the declaration required by Article 4(1)(c);
and
(c) be accompanied by such documents as the Minister requires as
described in Article 4.
(9) Paragraph (1)
does not limit the Minister’s powers or duties to impose conditions on
the practitioner’s registration under Article 5B(1) of the Law, to
cancel the practitioner’s registration under Article 9(1) or (2) of
the Law or to suspend the practitioner’s registration under
Article 10 of the Law by reason of events occurring before commencement.
(10) In this
Article “commencement” means 1st October 2014.
10 Citation
This Order may be cited as the Medical Practitioners (Registration)
(General Provisions) (Jersey) Order 2014.
SCHEDULE
(Article 4(1)(b))
APPLICATION
1 Basic
information
(1) An
application shall contain –
(a) the full name with
which the applicant is registered under the 1983 Act;
(b) the
applicant’s gender and date of birth;
(c) the residential
address with which the applicant is registered under the 1983 Act;
(d) the
applicant’s telephone number and email address.
(2) An
application shall contain the following information regarding the
applicant’s qualifications and past practice –
(a) a full description
of the applicant’s medical qualifications including the institution which
awarded them; and
(b) in respect of the
applicant’s registration in the United Kingdom –
(i) the applicant’s GMC registration number,
(ii) the date the applicant was first registered in the UK
Practitioners Register,
(iii) the
date by which the applicant is next due, in accordance with regulations made
under section 32(1)(b) of the 1983 Act, to pay a retention fee
in respect of the retention of the applicant’s name in the UK
Practitioners Register, and
(iv) the applicant’s next submission date, notified in
accordance with regulation 6 of the General Medical Council (Licence to
Practise and Revalidation) Regulations Order of Council 2012.
(3) An
application shall provide details of any conditions imposed by the General Council
upon, or undertakings given by the applicant in connection with, the
applicant’s registration under the 1983 Act or his or her
licence to practise.
(4) An
application shall state whether, pursuant to regulations made under
section 45A of the 1983 Act, when the applicant commences
practise in Jersey, the applicant will have, and continue to have, a
responsible officer in the United Kingdom and, if the applicant will have such
an officer, the name and address of the applicant’s responsible officer
in the United Kingdom.
(5) An
application shall contain –
(a) the name, address and email address of each
employer for whom and each company, partnership or other entity as a director,
partner or other officer of which, the applicant intends to provide medical
services in Jersey;
(b) whether the
applicant intends to provide medical services in Jersey on a self-employed
basis;
(c) the addresses at
which the applicant intends to provide medical services in Jersey;
(d) the date from which
the applicant intends to provide medical services in Jersey; and
(e) whether the
services are intended to be provided indefinitely or, if not, the period for
which the services are intended to be provided.
(6) An
application shall –
(a) provide details of
any findings against the applicant regarding any matter relating to fraud,
where the outcome was adverse;
(b) provide details of
any investigation into the applicant’s professional conduct by any
licensing, regulatory or other body, where the outcome was adverse;
(c) provide details of
any investigation by an employer into the applicant’s professional
conduct, where the outcome was adverse; and
(d) provide details of
any offence of which the applicant has been convicted –
(i) in Jersey, or
(ii) elsewhere, if the offence, if committed in Jersey, would be
an offence in Jersey.
(7) An
application shall state whether, to the applicant’s knowledge, the
applicant is currently subject to any investigation or proceedings of the
following description –
(a) an investigation into, or proceedings
regarding, the applicant’s professional conduct by any licensing,
regulatory or other body, including any investigation into, or proceedings
regarding, any matter relating to fraud;
(b) an investigation
into, or disciplinary proceedings regarding, the applicant’s professional
conduct by an employer; or
(c) an investigation or
proceedings which may lead to the applicant’s conviction for an offence
in Jersey or to a conviction elsewhere if the act, if committed in Jersey,
would be an offence in Jersey,
and, if the applicant is subject to any such investigation or
proceedings, provide details.
2 Basic
documents
The application must be accompanied
by a certificate issued by the registrar of the General Council under
section 34A of the 1983 Act that the applicant is registered in
the UK Practitioners Register and holds a licence to practise.