Medical Practitioners (Amendment) Act 2011

Amendment of section 60 of Act of 2007.

11.— Section 60 of the Act of 2007 is amended—

(a) by the insertion of the following subsections after subsection (1):

“(1A) In the case of a medical practitioner whose name was previously registered in the Supervised Division and that practitioner’s name is not registered in any other division of the register, the Council may make an ex parte application to the Court for an order prohibiting that practitioner from applying for registration in any of the divisions of the register.

(1B) The Council shall not make an application under subsection (1A) unless it considers that the prohibition sought is necessary to protect the public until steps or further steps are taken under this Part and, if applicable, Parts 8 and 9.

(1C) An application under subsection (1A) may be made whether or not the practitioner is the subject of a complaint.”,

(b) in subsection (2), by the substitution of “subsection (1) or (1A)” for “subsection (1)”,

(c) by the insertion of the following after subsection (3):

“(3A) The Court may determine an application under subsection (1A) by—

(a) making any order it considers appropriate, including an order prohibiting the medical practitioner the subject of the application from applying for registration in any division of the register for the period specified in the order, and

(b) giving to the Council any direction that the Court considers appropriate.”,

and

(d) in subsection (4) by substitution of “under subsection (3) or (3A), as the case may be,” for “under subsection (3),”.