The General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules Order of Council 2003

Explanatory Note

(This note is not part of the Order)

The Rules approved by this Order make provision in respect of the constitution of the Preliminary Proceedings Committee, the Professional Conduct Committee, the Health Committee, the Assessment Referral Committee, the Committee on Professional Performance and the Interim Orders Committee (“the Committees”) of the General Medical Council (“the GMC”). The Committees are to be abolished when the new paragraph 5(1) of Schedule 1 to the Medical Act 1983 comes into force, but no date has as yet been specified for the coming into force of that provision(1).

The Rules reconstitute the Committees so that they need not include any GMC members, a change arising from the coming into force on 1st July 2003 of the new paragraph 1(3) of Schedule 1 to the Medical Act 1983(b), which limits the membership of the GMC to 35.

Rule 2 sets out how membership of the Committees is to be determined, including how the Chairman and Deputy Chairman are to be appointed. Rule 3 provides for restrictions on membership of the Preliminary Proceedings Committee, and rule 4 provides for restrictions on membership of the Assessment Referral Committee.

Rule 5 sets out the quorum for each of the Committees, and rule 6 sets out the circumstances in which a person would be disqualified from sitting on any of the Committees.

Rule 7 revokes the rules specified in the Schedule to the Rules, and rule 8 makes transitional provisions in respect of all the Committees other than the Preliminary Proceedings Committee.

Rule 9 makes provision about the validity of the proceedings of any of the Committees.

(1)

Appended to S.I. 1988/2255; amended by S.I. 1989/656, 1990/1587, 1994/3298, 1996/1218, 1997/1529, 2000/2034 and 2051, 2002/2572, 2003/1340 and 1343.