draft/the GENERAL MEDICAL COUNCIL (REGISTRATION FEES) REGULATIONS 2004

Transcription

1 ANNEX B draft/the GENERAL MEDICAL COUNCIL (REGISTRATION FEES) REGULATIONS 2004 The General Medical Council, in exercise of their powers under section 32 of the Medical Act 1983, and of all other powers enabling them in that behalf, hereby make the following Regulations - Citation, commencement and interpretation 1 (1) These Regulations may be cited as the General Medical Council (Registration Fees) Regulations 2004 and shall come into force on 1 April (2) In these Regulations - the Act means the Medical Act 1983; Bank authority means any form of payment authority which a person may give to his bank including any letter of authority, standing order or variable direct debit; existing practitioner means a person registered under the Act as at the time of entry into force of these Regulations; licence means a licence to practise in accordance with Part IIIA of the Act; B1

2 medical practitioner means a person registered under the Act regardless of whether he holds a licence; quarter means a period of three months; registered medical practitioner means a medical practitioner who holds a licence; Registrar means the Registrar of the Council; registration means registration of any kind under the Act other than registration under section 18 of the Act; registration year means each consecutive period of 12 months from the date of a registered medical practitioner s registration; retention fee means the fee payable annually by a registered medical practitioner under Regulation 3(1); and. the 1985 Regulations means the Medical Practitioners Registration (Fees) Regulations 1985 as amended. Fees payable on registration 2 (1) The Registrar shall not make any entry in the register unless any fee prescribed by this Regulation has been paid. B2

3 (2) Subject to Regulation 3(2) there shall for making an entry in the register be paid (a) in respect of registration with a licence other than provisional registration a fee of 290; and (b) in respect of provisional registration with a licence a fee of 100; and (c) in respect of registration without a licence a fee of 100. Annual retention fee and discounts 3 (1) Subject to the following provisions of this Regulation on each anniversary of his registration every medical practitioner other than one registered under sections 15, 15A, 18 or 22 of the Act shall pay a fee for the retention of his name in the register of - (a) 290 if he is a registered medical practitioner; or (b) 100 if he does not hold a licence. (2) On the second anniversary of his provisional registration and on each anniversary thereafter every registered medical practitioner registered under sections 15 or 15A of the Act shall pay a fee for the retention of his name in the register of 290. (3) Where the Registrar is satisfied that a registered medical practitioner s gross earned income from medical practice in the forthcoming registration year will be less than 19,700 he may grant to the registered medical practitioner a discount of not more than one half of any fee which would otherwise be payable under Regulation 2(2) or 3(1). B3

4 Refunds 4 (1) In any case where a person has made an application for registration which has been refused and has paid a fee under Regulation 2(2)(a) the Registrar shall refund to him the amount of the fee less a scrutiny charge of 100. (2) If the name of a medical practitioner is erased from the register by virtue of regulations made under section 31A of the Act during the first second or third quarter of a registration year the Registrar shall refund to him 75 per cent 50 per cent or 25 per cent respectively as the case may be of the retention fee for his current registration year. (3) If a registered medical practitioner surrenders his licence during the first second or third quarter of his registration year the Registrar shall refund to him 75 per cent 50 per cent or 25 per cent respectively as the case may be of any fee paid by him under Regulation 2(2)(a) or (b) or Regulation 3(1)(a) or (b) in respect of that year (4) Except as otherwise expressly provided in these Regulations there shall be no refund of or reduction in the amount of any fee payable on registration or any retention fee. B4

5 Procedure 5 (1) Except as provided in Regulation 5(2) the Registrar shall not less than 7 days before the commencement of a registration year send to each medical practitioner notice of any retention fee falling due for payment by him. (2) No notice under Regulation 5(1) need be sent to any medical practitioner who has completed and lodged with the Registrar a Bank authority in a form acceptable to the Registrar to pay to the General Council the amount of any retention fee payable by him when due and the Registrar has not been notified of the cancellation of the authority prior to the date for sending a notice under Regulation 5(1). (3) The retention fee shall be payable in full by every medical practitioner on each anniversary of his registration save that where the medical practitioner has lodged with the Registrar a duly completed and valid Bank authority consisting of a variable direct debit the practitioner may elect to pay the retention fee by four equal payments at the beginning of each quarter during the retention year. (4) If a medical practitioner is in arrears of payment in respect of any retention fee due from him for more than 28 days the Registrar shall send him notice that if the outstanding amount is not paid within 28 days of the date of the notice his name may be erased from the register. (5) Any notice to a medical practitioner under Regulation 5(1) or Regulation 5(4) shall be sent to his registered address. B5

6 Erasure and restoration 6 (1) If a medical practitioner to whom a notice under Regulation 5(4) has been sent has failed to pay in full any retention fee due from him within the time stipulated by the notice the Registrar may erase his name from the register. (2) The Registrar may refuse to restore to the register the name of any person whose name has been erased by virtue of section 30(5) of the Act or by virtue of Regulation 6(1) until that person pays both - (a) the amount of any outstanding retention fee; and (b) a restoration fee equivalent to the pro rata retention fee payable for the period from the date of restoration to the date on which his next retention fee falls due. (3) The Registrar may refuse to restore to the register the name of a person erased by virtue of regulations made under section 31A of the Act unless that person pays a restoration fee equivalent to the pro rata retention fee payable for the period from the date of restoration to the date on which his next retention fee falls due. Regulations revoked 7 (1) The 1985 Regulations are hereby revoked. B6

7 (2) Notwithstanding Regulation 7(1) any fees due under or by virtue of the 1985 Regulations shall remain due as though they were payable under these Regulations and the powers contained in these Regulations in case of non-payment shall apply in the case of such fees. Transitional provisions 8 (1) This Regulation shall apply only to existing practitioners and only in respect of their respective registration years current at the time of entry into force of these Regulations. (2) Subject to Regulation 8(3) an existing practitioner who becomes a registered medical practitioner shall not be required to pay any additional fee for an entry in the register relating to his licence. (3) An existing practitioner who enjoyed an exemption under regulation 8 of the 1985 Regulations shall pay to the Registrar a pro rata amount of the applicable retention fee specified in Regulation 3 in respect of the remaining balance of his registration year. (4) An existing practitioner who does not become a registered medical practitioner shall be entitled to a pro rata refund in respect of the remaining balance of his registration year of an amount representing the difference if any between (a) that part of any retention fee paid by him under regulation 6 of the 1985 Regulations attributable to such balance and (b) that part of the retention fee specified in Regulation 3(1)(c) attributable to such balance. B7

8 Given under the official seal of the General Medical Council this [tbc] day of [tbc] [Name] President B8