Medical Practitioners
(Registration) (General Provisions) (Jersey) Order 2014
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;
“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;
“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.[1]
(2) An applicant for
registration must produce such documents as the Commission requires to verify
the information specified in the application.[2]
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.[3]
(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.[4]
(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.[5]
(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.
7 Verification
of information held by Commission[6]
(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.[7]
(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.[8]
(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.[9]
8 Commission’s
duty to pass information to responsible officer[10]
(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.[11]
(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.
9A [12]
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.