Second Memorandum by the
Department of Health
2000 (S.I. 1999/3413)
1. The Committee has requested
the Department to submit a Memorandum on the following points.
required of a medical practitioner by the new paragraph 6A of
Schedule 3 Part III of the principal regulations when he applies
for a practice vacancy requires him to declare whether-
(a) he has been bound over
or cautioned (or convicted) of a criminal offence.
(b) he has been or is the
subject of any action by any "licensing or regulatory body"
(or by his disciplinary body).
(i) whether (a) above
is intended to cover binding over to keep the peace (e.g. in neighbour
(ii) whether (a) above is
intended to cover a caution (by a police officer) in relation
to an alleged offence of a minor nature (e.g. traffic offence)
as well as one of a serious nature;
(iii) As to (b) above, what
licensing bodies and what regulatory bodies are contemplated.
2. The answer to (i) and (ii)
is yes. The intention is to cover all bind overs and cautions,
irrespective of the circumstances that give rise to them. Some
offences which are minor in criminal terms may be particularly
relevant to a doctor's suitability for a post. Moreover, the declaration
of a bind over, caution or conviction does not bar a medical practitioner
from inclusion in a medical list. It is a matter that a Health
Authority must take into account when exercising its discretion
as to whether to admit the practitioner to its list.
3. With respect to (iii), examples
would be the General Medical Council and organisations in other
countries that approve doctors and regulate their conduct, for
example the Bundesartztkammer in Germany and the Organizacion
Medica Colegial in Spain. The intention is to catch bodies concerned
with the professional practice of doctors and the reference to
"any licensing or regulatory body" is intended to be
read in the context of the immediately preceding reference to
a doctor's "professional body".
22nd February 2000