Appointed day for provisions relating to standard of proof in fitness to practise proceedings2

1

3rd November 2008 is the appointed day for the coming into force of section 112 of the Health and Social Care Act 2008 (standard of proof in fitness to practise proceedings), but only for the purposes of new proceedings.

2

For the purposes of paragraph (1), “new proceedings” are all proceedings to which section 60A(1) of the Health Act 19992 applies, except –

a

proceedings under the General Optical Council (Fitness to Practise) Rules 20053 where the Presenting Officer addressed the Fitness to Practise Committee in relation to each allegation in accordance with rule 45 before 3rd November 2008;

b

proceedings under the General Medical Council (Fitness to Practise) Rules 20044 –

i

before a Fitness to Practise Panel where the allegation and the alleged facts were read out by the person acting as secretary in accordance with rule 17(2)(c) before 31st May 2008, or

ii

before the Investigation Committee where the Presenting Officer began to outline the allegation and the facts in accordance with rule 11(7) before 31st May 2008;

c

proceedings under the Nursing and Midwifery Council (Fitness to Practise) Rules 20045 where the Chair of the Committee asked for the charge to be read out in accordance with rule 24(2)(b) before 3rd November 2008;

d

proceedings under the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 19936 where the charge was read in accordance with rule 15(2) before 3rd November 2008;

e

proceedings under the General Dental Council Professional Conduct Committee (Procedure) Rules 19847; and

f

proceedings under the General Dental Council Health Committee (Procedure) Rules 19848.