The General Medical Council (Constitution of Fitness to Practise Committees) (Amendment) Rules Order of Council 1987

Statutory Instruments

1987 No. 1120

MEDICAL PROFESSION

The General Medical Council (Constitution of Fitness to Practise Committees) (Amendment) Rules Order of Council 1987

Made

29th June 1987

Laid before Parliament

6th July 1987

Coming into force

1st August 1987

At the Council Chamber, Whitehall, the 29th day of June 1987

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas, in pursuance of paragraphs 20, 21 and 22 of Schedule 1 to the Medical Act 1983(1), the General Medical Council have made the General Medical Council (Constitution of Fitness to Practise Committees) (Amendment) Rules 1987;

And whereas, by paragraph 24 of the said Schedule, such Rules shall not come into force until approved by order of the Privy Council;

Now, therefore, Their Lordships, having taken the said Rules into consideration, are pleased to approve the same as set out in the Appendix to this Order.

This Order may be cited as the General Medical Council (Constitution of Fitness to Practise Committees) (Amendment) Rules Order of Council 1987, and shall come into force on 1st August 1987.

G. I. de Deney

Clerk of the Privy Council

APPENDIX THE GENERAL MEDICAL COUNCIL (CONSTITUTION OF FITNESS TO PRACTISE COMMITTEES) (AMENDMENT) RULES 1987

The General Medical Council, in exercise of their powers under paragraphs 20, 21 and 22 of Schedule 1 to the Medical Act 1983, hereby make the following rules:

Citation, commencement and interpretation

1.—(1) These rules may be cited as the General Medical Council (Constitution of Fitness to Practise Committees) (Amendment) Rules 1987 and shall come into force on 1st August 1987.

(2) In these rules “the principal rules” mean the General Medical Council (Constitution of Fitness to Practise Committees) Rules 1986(2).

Amendment of the principal rules

2.—(1) The principal rules shall be amended in accordance with the following provisions—

(2) In Rule 4 (composition of the Professional Conduct Committee)—

(a) in paragraph (1)

(i) for the number “twenty-nine” there shall be substituted the number “thirty-two”;

(ii) in sub-paragraph (c) for the words “three lay members” there shall be substituted the words “six lay members”.

(b) for paragraphs (4) and (5) there shall be substituted the following—

“(4) Eleven members of the Committee shall be invited to attend for the hearing of any case, who shall be selected so as to include the Chairman or the Deputy Chairman or both, and such other members so that the eleven members invited include not less than six elected members, not less than two appointed members and two lay members.

• Subject to the foregoing provision the members invited to sit at any meeting shall so far as practicable be chosen in rotation from all the members of the Committee.

(5) If neither the Chairman nor the Deputy Chairman is able to take the Chair at the hearing of a case the President may temporarily appoint one of the other members of the Committee who has been invited and is available to attend and, if a hearing has begun, has attended, to chair the whole of, or the remaining part of, the hearing.

(6) The quorum shall be six.”

(3) In Rule 5 (composition of the Health Committee) there shall be substituted the following for paragraph (4)—

“(4) If neither the Chairman nor the Deputy Chairman is able to take the Chair at the hearing of a case, the President may temporarily appoint one of the other members of the Committee who has been invited and is available to attend and, if a hearing has begun, has attended, to chair the whole of, or the remaining part of, the hearing.

(5) The quorum shall be five.”

Given under the official Seal of the General Medical Council this twenty-first day of May, nineteen hundred and eighty-seven.

L.S.

John N. Walton

President

Explanatory Note

(This note is not part of the Order)

The Rules approved by this Order amend earlier Rules governing the constitution of the General Medical Council’s Fitness to Practise Committees. Three additional lay members are being added to the Professional Conduct Committee, and provision is being made, in respect of that Committee and the Health Committee, for the appointment of a temporary chairman of the hearing of a case in the absence of the Chairman or Deputy Chairman of the revelant committee.

(1)

1983 c. 54.

(2)

Approved by S.I. 1986/1390.