Textual Amendments
F1Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading, 'Fitness to Practise and Medical Ethics' substituted for 'Professional Conduct and Fitness to Practise' for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 13 (with Sch. 2 and savings in The Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I. 2004/1731), arts. 1(1), 2(a))
(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.
[F2(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)the Registrar shall serve a notification of the decision of the Preliminary Proceedings Committee on the person whose case has been so referred.]
Textual Amendments
F2S. 42(3) substituted (3.8.2000) for s. 42(3)-(8) by S.I. 2000/1803, art. 11