The General Medical Council (Fitness to Practise and Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2013

Amendments to the Constitution of Panels and Investigation Committee Rules

3.—(1) The Constitution of Panels and Investigation Committee Rules are amended as follows.

(2) In rule 2 (interpretation)—

(a) in the appropriate place, insert—

““the Act” means the Medical Act 1983;”; and

(b) in the definition of “panellist”, after “Panel”, insert “, a Registration Panel”.

(3) In rule 4 (constitution of panels), for paragraph (4) substitute—

“(4) Nothing in paragraph (3) is to prevent—

(a) a panellist who sat on a Fitness to Practise Panel in proceedings relating to the fitness to practise of any person from acting as a panellist on a subsequent Fitness to Practise Panel—

(i) in proceedings in which the Panel is to determine whether or not to make a direction under section 35D(5), (6), (8), (10) or (12) of the Act relating to that person, or

(ii) in proceedings relating to an application for restoration of that person’s name to the register;

(b) a panellist who sat on an Interim Orders Panel in proceedings relating to a person from acting as a panellist on a subsequent Interim Orders Panel in proceedings in which the Panel is to review an order under section 41A(2) or (9) of the Act(1) in respect of that person; or

(c) a person who acted as Case Manager in accordance with Rule 16 of the General Medical Council (Fitness to Practise) Rules 2004 in any proceedings from acting as Chair of the Panel at the substantive hearing in the same proceedings.”.

(4) For rule 6 (quorum) substitute—

“Quorum

6.   The quorum of a Panel, a Registration Panel or the Committee is to be three panellists, including the Chair, of whom—

(a) at least one must be a medical panellist; and

(b) at least one must be a lay panellist.”.

(1)

Section 41A was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.