42 Preliminary proceedings as to professional misconduct and unfitness to practise.U.K.
(1)The Preliminary Proceedings Committee shall have the functions assigned to them by this section.
(2)It shall be the duty of the Committee to decide whether any case referred to them for consideration in which a practitioner is alleged to be liable to have his name erased under section 36 above or his registration suspended or made subject to conditions under section 36 or 37 above ought to be referred for inquiry by the Professional Conduct Committee or the Health Committee.
(3)If the Committee decide that a case ought to be referred for inquiry by the Professional Conduct Committee or the Health Committee—
(a)they shall give a direction designating the Committee which is to inquire into the case; and
(b)they may, subject to subsection (4) below, if satisfied that to do so is necessary for the protection of members of the public, make an order for interim suspension in respect of the person whose case they have decided to refer for inquiry; or
(c)they may, subject to subsection (4) below, if satisfied that to do so is necessary for the protection of members of the public or is in his interests, make an order for interim conditional registration in respect of that person, that is to say, an order that his registration shall be conditional on his compliance, during such period not exceeding [F1six] months as is specified in the order, with such requirements so specified as the Committee think fit to impose for the protection of members of the public or in his interests.
(4)[F2No order under subsection (3)(b) or (c) above or (6A)(b) to (d) below shall be made by any Committee] in respect of any person unless he has been afforded an opportunity of appearing before the Committee and being heard on the question whether such an order should be made in his case; and for the purposes of this subsection a person may be represented before the Committee by counsel or a solicitor, or (if rules under paragraph 5 of Schedule 4 to this Act so provide and he so elects) by a person of such other description as may be specified in the rules.
(5)[F3If the Preliminary Proceedings Committee decide] that a case ought to be referred for inquiry by the Professional Conduct Committee or the Health Committee the Registrar shall serve a notification of the decision on the person whose case has been so referred and if the Committee also make an order for interim suspension or for interim conditional registration the Registrar shall include in the notification of the decision a notification of the order and shall serve the notification forthwith.
(6)Where an order for interim suspension is made in respect of a person, his registration in the register shall be suspended (that is to say, shall not have effect) from the time of service of a notification of the order as determined for the purposes of paragraph 8 of Schedule 4 to this Act until the expiration of such period, not exceeding [F4six] months, as is specified in the order.
[F5(6A)Where an order for interim suspension or for interim conditional registration has been made in relation to any person under any provision of this section (including this subsection) the Preliminary Proceedings Committee, the Professional Conduct Committee or the Health Committee may, subject to subsection (4) above—
(a)revoke the order or revoke any condition imposed by the order;
(b)vary any condition imposed by the order;
(c)if satisfied that to do so is necessary for the protection of members of the public, make an order for interim suspension; or
(d)if satisfied that to do so is necessary for the protection of members of the public or is in the interests of the person concerned, make an order that his registration shall be conditional on his compliance, during such period as is specified in the order, with such requirements so specified as the Committee think fit to impose for the protection of members of the public or in his interests.
(6B)An order under subsection (6A)(c) or (d) above—
(a)shall take effect as from a date not later than the date on which the interim suspension or interim conditional registration would otherwise come to an end; and
(b)shall specify a period not exceeding three months.
(6C)If an order is made under subsection (6A)(a) to (d) above the Registrar shall forthwith serve a notification of the order on the person to whose registration it relates.
(6D)Where an order has been made under any provision of this section, the court (within the meaning of section 38 above) may—
(a)in the case of an order for interim suspension, terminate the suspension,
(b)in the case of an order for conditional registration, revoke or vary any condition imposed by the order,
(c)in either case, substitute for the period specified in the order some other period which could have been specified in the order when it was made;
and the decision of the court on any application under this subsection shall be final.]
F6(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)While a person’s registration in the register is suspended by virtue of an order for interim suspension under this section he shall be treated as not being registered in the register notwithstanding that his name still appears in the register.
Textual Amendments
F1Word in s. 42(3)(c) substituted (1.5.1996) by 1995 c. 51, s. 3(2); S.I. 1996/271, art. 2, Sch.
F2Words in s. 42(4) substituted (1.5.1996) by 1995 c. 51, s. 3(3); S.I. 1996/271, art. 2, Sch.
F3Words in s. 42(5) substituted (1.5.1996) by 1995 c. 51, s. 3(4); S.I. 1996/271, art. 2, Sch.
F4Word in s. 42(6) substituted (1.5.1996) by 1995 c. 51, s. 3(5); S.I. 1996/271, art. 2, Sch.
F5S. 42(6A)-(6D) inserted (1.5.1996) by 1995 c. 51, s. 3(6); S.I. 1996/271, art. 2, Sch.
F6S. 42(7) repealed (1.5.1996) by 1995 c. 51, s. 3(7); S.I. 1996/271, art. 2, Sch.