(This note is not part of the Order)
This Order approves the Rules set out in the Schedule to it which amend the General Medical Council (Fitness to Practise) Rules 2004 (scheduled to S.I. 2004/2608) (“the 2004 Rules”).
Rule 2(3)(a) amends rule 7 of the 2004 Rules, enabling the Registrar to direct that a person undertakes an assessment of knowledge of English at the initial investigation stage where an allegation has been referred to Case Examiners.
Rule 2(3)(b) also amends rule 7 of the 2004 Rules, enabling the Registrar to refer a case to the Fitness to Practise Panel (FTP Panel) where a person has: failed to submit to a performance assessment, or having submitted to the assessment has failed to comply with the reasonable requests of the Assessment Team; failed to submit to a health assessment; or failed to submit to a language assessment.
Rule 2(4) amends rule 10 of the 2004 Rules, enabling the Registrar to direct a person to undertake an assessment of knowledge of English which the Registrar considers appropriate to the consideration of whether the practitioner has complied with any undertaking agreed in accordance with that rule.
Rule 2(5) amends rule 11 of the 2004 Rules, enabling the Investigation Committee to direct that a practitioner undertake an assessment of knowledge of English before determining whether a warning should be given to the practitioner following an allegation of impairment.
Rule 2(6) amends rule 13A of the 2004 Rules, enabling the Registrar to direct a person to undertake an assessment of knowledge of English after an allegation has been referred to the FTP Panel.
Rule 2(7)(a) amends rule 17 of the 2004 Rules, enabling the FTP Panel to direct a practitioner to undertake an assessment of knowledge of English before making a determination that a practitioner’s fitness to practise is impaired.
Rule 2(7)(c) also amends rule 17 of the 2004 Rules, enabling the FTP Panel to suspend the practitioner’s name from the register, or impose conditions on registration, where the practitioner has failed to comply with a direction by the Registrar to undertake an assessment of knowledge of English, or has failed to provide information requested in respect of that assessment.
Rule 2(7)(d) further amends rule 17 of the 2004 Rules, enabling the FTP Panel to take account of the fact that a practitioner has failed to submit to, or comply with, a performance, health or language assessment in determining whether a practitioner’s fitness to practise is impaired.
Rule 2(8) amends rule 19 of the 2004 Rules, enabling the Registrar, prior to a review hearing, to direct that the practitioner undertake an assessment of knowledge of English.
Rule 2(9) amends rule 23 of the 2004 Rules, enabling the Registrar, upon receipt of an application for restoration made under section 41 of the Medical Act 1983, to direct that the applicant undertake an assessment of knowledge of English.
Rule 2(10) amends rule 24 of the 2004 Rules, enabling the FTP Panel to direct a practitioner to undertake an assessment of knowledge of English before making a determination whether to grant or refuse an application for restoration.
Rule 2(11) amends rule 37A of the 2004 Rules, enabling the Registrar to direct a person to undertake an assessment of knowledge of English which the Registrar considers appropriate to the consideration of whether the practitioner has complied with any undertaking agreed at a FTP Panel hearing or a review hearing.
Rule 2(12) amends Schedule 1 to the 2004 Rules, enabling the assessment of knowledge of English to be included as part of the professional performance assessments under that Schedule.
Rule 2 (13) inserts Schedule 3 into the 2004 Rules which makes provision for the process to be followed regarding assessments of knowledge of English.