Jersey Law 19/1993

 

MEDICAL PRACTITIONERS (REGISTRATION) (AMENDMENT No. 3) (JERSEY) LAW 1993

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A LAW     to amend further the Medical Practitioners (Registration) (Jersey) Law 1960, sanctioned by Order of Her Majesty in Council of the

 

12th day of MAY 1993

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(Registered on the 25th day of June 1993)

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STATES OF JERSEY

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The 8th day of December 1992

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

ARTICLE 1

In Article 1 of the Medical Practitioners (Registration) (Jersey) Law 1960, as amended1 (hereinafter referred to as “the principal Law”) –

(a)     in paragraph (1) before the definition of “the Court” there shall be inserted the following definitions –

“ ‘the former Acts’ means the Medical Acts 1956 to 1969 of the United Kingdom;

‘the 1983 Act’ means the Medical Act 1983 of the United Kingdom;” and

(b)     after paragraph (2) there shall be inserted the following paragraphs –

“(3)      For the avoidance of doubt, it is declared that anything done or suffered under a provision of the former Acts shall, for the purposes of this Law, be deemed to have been done or suffered under the equivalent provision of the 1983 Act.

(4)        A reference in this Law to any enactment including an enactment of the United Kingdom, is a reference to that enactment as amended and includes a reference to that enactment as extended or applied by or under any other enactment, including any other provisions of that enactment.”.

ARTICLE 2

For Article 3 of the principal Law there shall be substituted the following Article –

“ARTICLE 3

Persons who may be registered

No person shall be registered as a medical practitioner unless he is duly registered as a fully registered medical practitioner in pursuance of section 3 or 19 of the 1983 Act.”.

ARTICLE 3

In sub-paragraph (a) of paragraph (1) of Article 4 of the principal Law for the words “section nine of the Medical Act 1969” there shall be substituted the words “section 34 of the 1983 Act”.

ARTICLE 4

In Article 6 of the principal Law the words “not exceeding five hundred pounds” shall be deleted.

ARTICLE 5

In Article 7 of the principal Law –

(a)     for the words “the Medical Act 1956” there shall be substituted the words “the 1983 Act”; and

(b)     the words “not exceeding one hundred pounds” shall be deleted.

ARTICLE 6

In Article 8 of the principal Law –

(a)     for paragraph (1) there shall be substituted the following paragraph –

“(1)        The Court, on the motion of the Attorney General, shall order that the registration of any person be cancelled where the name of that person has been erased from the register, either by direction of the Professional Conduct Committee of the General Medical Council, in pursuance of section 36 of the 1983 Act, or by the registrar of the General Medical Council in exercise of powers conferred on him by Regulations under section 32 of that Act.”; and

(b)     in paragraph (4), for the words “section three of the Medical Act 1969” there shall be substituted the words “section 2 of the 1983 Act”.

ARTICLE 7

After Article 8 of the principal Law there shall be inserted the following Article –

“ARTICLE 8A

Power of Court to suspend registration

(1)          The Court, on the motion of the Attorney General, shall order that the registration of any person be suspended, where the registration of that person is suspended in pursuance of section 37 of the 1983 Act, or section 38 of that Act, if suspension under the former section took immediate effect

(2)          Subject to paragraph (4) of this Article, a suspension by virtue of paragraph (1) of this Article shall be for such period as may from time to time be specified in the direction given pursuant to the said section 37.

(3)          Where a person’s registration is suspended by virtue of paragraph (1) of this Article he shall be treated as not being a registered medical practitioner notwithstanding that his name appears in the list of medical practitioners kept in pursuance of Article 5 of this Law.

(4)          Where suspension of a person’s registration in the register is terminated in pursuance of sub-section (6) of section 38 of the 1983 Act, the Court shall, either of its own accord or on the motion of the Attorney General or on the application of the person concerned, terminate any suspension imposed by virtue of paragraph (1) of this Article.

(5)          In this Article “the register” has the same meaning as in Article 8 of this Law.”.

ARTICLE 8

In paragraph (1) of Article 9A of the principal Law for the words “section seventeen or twenty-three of the Medical Act, 1956 (4 & 5 Eliz. 2 c. 76)” there shall be substituted the words “section 15 or 21 of the 1983 Act”.

ARTICLE 9

This Law may be cited as the Medical Practitioners (Registration) (Amendment No.3) (Jersey) Law 1993.

 

G.H.C. COPPOCK

 

Greffier of the States