The Medical Act 1983 (Amendment) Order 2000

Amendment of Schedule 4

16.  In Schedule 4(1) (proceedings before the fitness to practice committees)—

(a) in paragraph 1(1), after “shall make rules for” there shall be inserted “the Interim Orders Committee,”;

(b) after paragraph 1(1) there shall be inserted—

“(1A) Rules made under this paragraph for the Interim Orders Committee shall include provision—

(a) securing that notice that the proceedings are to be brought or that a review is to take place shall be given, at such time and in such manner as may be specified in the rules, to the person to whom the proceedings relate;

(b) securing that a person in relation to whom an interim order has been made (“the person concerned”) shall, if he so requires, be entitled to be heard by the Committee on each occasion on which they review the order; and enabling him to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules;

(c) for service on the person concerned of notice of any decision taken in relation to him by the Committee;

(d) determining when proceedings before the Committee are to be held in public and when in private (including provision securing that they are to be held in public if the person concerned so requests).”;

(c) in paragraph 1(2B)(b), for “the proceedings”, where it first appears, there shall be substituted “proceedings”;

(d) in each of sub-paragraphs (1), (2) and (3) of paragraph 2, after “proceedings before” there shall be inserted “the Interim Orders Committee,”;

(e) in paragraph 3, after “several sittings of” there shall be inserted “the Interim Orders Committee,”;

(f) in paragraph 7(1), after “purpose of advising” there shall be inserted “the Interim Orders Committee,”;

(g) in paragraph 7(4), after “proceedings before” there shall be inserted “the Interim Orders Committee,”;

(h) in paragraph 8(1), for “or 42(5) or (6C)” there shall be substituted “, 41(7), 41A(5), 42(3) or 45(7) or by virtue of section 41B(5)”;

(i) after paragraph 13 there shall be inserted the following paragraph—

“14.   In this Schedule “party”, in relation to proceedings before the Interim Orders Committee, means any person to whose registration the proceedings relate, or the Solicitor to the General Council.”.

(1)

Paragraph 1(1) was amended by the Medical (Professional Performance) Act 1995, Schedule, paragraph 15; paragraph 2 was amended by the Schedule, paragraph 17 to that Act; paragraphs 7(1) and (4) were amended by the Schedule, para. 21 to that Act and the Courts and Legal Services Act 1990, Schedule 10, para. 53; paragraph 8 was amended by the Medical (Professional Performance) Act 1995, Schedule, para. 22.