The General Medical Council (Amendments to Miscellaneous Rules and Regulations) Order of Council 2015

Amendment of the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2004

54.—(1) The General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2004(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “FTP Panel”;

(b) at the appropriate place in the alphabetical order, insert—

““Medical Practitioners Tribunal” means a Medical Practitioners Tribunal constituted under rules made under paragraph 19G of Schedule 1 to the Act;

“MPTS” means the Medical Practitioners Tribunal Service constituted under rules made under paragraph 19F of Schedule 1 to the Act;”.

(3) In regulation 3 (voluntary erasure applications)—

(a) for sub-paragraph (c) of paragraph (3) substitute—

“(c) refer the application to the MPTS for them to arrange for it to be determined by a Medical Practitioners Tribunal under paragraph (8); or”;

(b) for paragraph (4) substitute—

“(4) The Registrar shall refer an erasure application to a medical and a lay Case Examiner for determination where any of the following apply—

(a) the Registrar receives information (including any information provided in accordance with paragraph (2)), that the practitioner is subject to any proceedings or has committed any act or omission that might render him liable to be referred to the General Council for investigation or consideration of his fitness to practise;

(b) an allegation against the practitioner is being investigated in order to decide whether it should be referred to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal under the Fitness to Practise Rules;

(c) an allegation against the practitioner has been referred to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal under the Fitness to Practise Rules but the hearing before that Tribunal has not yet commenced.”;

(c) for paragraph (8), substitute—

“(8) Where, on the date the Registrar receives an erasure application, an allegation against the practitioner has been referred to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal under the Fitness to Practise Rules and the hearing before the Medical Practitioners Tribunal has commenced, the Registrar shall refer the application to the MPTS for them to arrange for it to be determined by the Medical Practitioners Tribunal, and the application shall be determined by the Medical Practitioners Tribunal accordingly.”.

(4) In regulation 5 (restoration procedure where fitness to practise issues arise)—

(a) for sub-paragraph (b)(iii) of paragraph (3), substitute—

“(iii) refer the matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal;”;

(b) for sub-paragraph (c) of paragraph (5), substitute—

“(c) refer the matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal;”.

(c) in paragraph (7)—

(i) for “for consideration by a FTP Panel” substitute “to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal”, and

(ii) in sub-paragraph (b) of that paragraph, for “FTP Panel” substitute “Medical Practitioners Tribunal”;

(d) in paragraph (8), for “FTP Panel” substitute “Medical Practitioners Tribunal”;

(e) in paragraph (9) substitute—

“(9) If a Medical Practitioners Tribunal decides to reject a restoration application, then the applicant may not make a further restoration application until the expiry of—

(a) a period of 12 months from the date of that Tribunal’s decision; or

(b) such other period as that Tribunal may specify.”;

(f) in paragraph (10), for “FTP Panel” substitute “Medical Practitioners Tribunal”.

(1)

Scheduled to General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of the Council 2004 (S.I. 2004/2609). There are amendments to the Regulations which are not relevant to this Instrument.