The Medical Act 1983 (Amendment) Order 2002

PART III Committees of the council

Committees

5.—(1) The Interim Orders Committee, the Preliminary Proceedings Committee, the Professional Conduct Committee, the Assessment Referral Committee, the Committee on Professional Performance and the Health Committee are abolished.

(2) In section 1 (the General Medical Council) for subsection (3) substitute—

“(3) The General Council shall have the following committees—

(a) the Education Committee,

(b) one or more Interim Orders Panels,

(c) one or more Registration Decisions Panels,

(d) one or more Registration Appeals Panels,

(e) the Investigation Committee,

(f) one or more Fitness to Practise Panels,

constituted in accordance with Part III of Schedule 1 to this Act and having the functions assigned to them by or under this Act.

(3A) The committees of the General Council specified in paragraphs (a) to (f) of subsection (3) above are referred to in this Act as “the statutory committees”.”.

(3) For paragraphs 19 to 24 of Schedule 1 substitute—

“Education Committee

19.   Subject to the power of the Committee under paragraph 25 below to co-opt members, the composition of the Education Committee shall be such as the General Council think fit.

Interim Orders Panels

19A.   Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, an Interim Orders Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Registration Decisions Panels

19B.   Subject to the power of the Panel under paragraph 25 below to co-opt members, a Registration Decisions Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Registration Appeals Panels

19C.   Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Investigation Committee

19D.   Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council.

Fitness to Practise Panels

19E.   Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Fitness to Practise Panel shall be constituted as provided by rules made under this paragraph by the General Council.

Supplementary

23.   Rules under paragraphs 19A, 19C and 19E above shall secure that—

(a) only persons who are not members of the General Council shall be members of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel;

(b) a person who sits as a member of an Interim Orders Panel or Fitness to Practise Panel that has made an interim order in proceedings on any case shall not sit as a member of a Fitness to Practise Panel in any subsequent proceedings in that case; and

(c) a person who is a member of the Investigation Committee or a Registration Decisions Panel may not at the same time be a member of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel.

23B.   Rules under paragraph 19A, 19B, 19C, 19D or 19E above may make provision as to quorum.

24.   Rules under paragraph 19A, 19B, 19C, 19D or 19E above shall not come into force until approved by order of the Privy Council.”.

(4) In paragraph 25—

(a) in sub-paragraph (1) omit “out of their membership”;

(b) after sub-paragraph (1) insert—

“(1A) Any committee of the General Council may consist of or include persons who are not members of the Council.”;

(c) at the beginning of sub-paragraph (2) insert—

“Subject to and in accordance with paragraph 23 above,”; and

(d) for sub-paragraph (4) substitute—

“(4) Except where rules made by virtue of paragraph 23B above make provision as to quorum in the case of any of the statutory committees, the quorum of a committee of the General Council shall be such as the Council may from time to time determine.

(5) There shall be paid to the members of the committees of the General Council such remuneration and such travelling, subsistence or other expenses as the Council may allow.”.