On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 31/07/2004.
46.
—(1) Where a registered medical practitioner in respect of whom an order is made under section 45(2)(c), or an order for interim restricted registration is made under section 52(1)(b) or 54(1)(d), is judged by a Disciplinary Committee (whether, in the case of an order under section 45(2)(c), it is the Disciplinary Committee that made the order or another Disciplinary Committee appointed in its place) to have failed to comply with any of the requirements imposed on him as conditions of his registration, the Disciplinary Committee may, if it thinks fit, order —
(a)
that his name be removed from the appropriate register; or
(b)
that his registration in the appropriate register be suspended for such period not exceeding 12 months as may be specified in the order.
[46/2002]
(2) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b), the Disciplinary Committee may order that the registration of the person whose registration is suspended shall, as from the expiry of the current period of suspension, be restricted in such manner as it thinks fit for a period not exceeding 3 years.
(3) Where a Disciplinary Committee has made an order for suspension under subsection (1)(b) or section 45(2)(b) against a person and that person has failed to comply with that order, the Disciplinary Committee or another Disciplinary Committee appointed in its place may, if it thinks fit, order —
(a)
that his name be removed from the appropriate register; or
(b)
that, from the expiry of the current period of suspension, his registration in the appropriate register be restricted in such manner as it thinks fit for a period not exceeding 3 years.
[46/2002]
(4) Where a Disciplinary Committee has made an order under section 45(2)(c), the Disciplinary Committee or another Disciplinary Committee appointed in its place may revoke the order or revoke or vary any of the conditions imposed by the order.
(5) Subsection (1) shall apply to a registered medical practitioner whose registration is subject to conditions imposed by an order made under subsection (2) or (3) as it applies to a registered medical practitioner whose registration is subject to conditions imposed by an order for restricted registration made under section 45(2)(c), and subsection (4) shall apply accordingly.
[46/2002]
(6) Where a Disciplinary Committee has made an order or has varied the conditions imposed by an order under this section, the Registrar shall immediately serve on the person to whom the order applies a notice of the order or the variation.
(7) Any person who is aggrieved by any order referred to in subsection (6) may, within 30 days after the service on him of the notice of the order, appeal to the High Court against the order; and any such appeal shall be heard by 3 Judges of the High Court and from the decision of that Court there shall be no appeal.
(8) In any appeal to the High Court against an order referred to in subsection (6), the High Court shall accept as final and conclusive any finding of the Disciplinary Committee relating to any issue of medical ethics or standards of professional conduct unless such finding is in the opinion of the High Court unsafe, unreasonable or contrary to the evidence.
(9) Subject to subsection (10), an order made by a Disciplinary Committee for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2) shall not take effect until the expiration of 30 days after the order is made.
[46/2002]
(10) On making an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), a Disciplinary Committee, if satisfied that to do so is necessary for the protection of members of the public or would be in the best interests of the registered medical practitioner concerned, may order that his registration in the register be suspended or that his name be removed from the register immediately.
[46/2002]
(11) Where an order under subsection (10) is made, the Registrar shall immediately serve a notice of the order on the person to whom it applies and if that person was present or represented at the proceedings of the Disciplinary Committee, the order shall take effect from the time the order is made.
(12) Where the person concerned is neither present nor represented at the proceedings of the Disciplinary Committee, the order made under subsection (10) shall take effect from the time of service of the notice of the order on him.
(13) An order of a Disciplinary Committee, other than an order for the removal of any name or for suspension of registration under subsection (1) or (3) or section 45(2), shall take effect from the time the order is made.
[46/2002]
(14) Notwithstanding anything in this section, where a registered medical practitioner has appealed to the High Court against an order of a Disciplinary Committee under subsection (7), the order shall not take effect unless the order is confirmed by the High Court or the appeal is for any reason dismissed by the High Court or is withdrawn.
(15) While any order of suspension of registration remains in force, the person concerned shall not be regarded as being registered notwithstanding that his name still appears in the register, but immediately on the expiry of such order his rights and privileges as a registered medical practitioner shall be revived as from the date of such expiry provided that the medical practitioner has complied with all the terms of the order.
(16) Where a registered medical practitioner is not found or judged by a Disciplinary Committee to have been convicted or guilty of any matter referred to in section 45(1), the Disciplinary Committee shall dismiss the complaint or matter.