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

PART 2 Consequential Amendments

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

53.—(1) The General Medical Council (Restoration following Administrative 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 4 (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—

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

(c) for paragraphs (7) to (10), substitute—

“(7) Where the Case Examiners or the Committee decide to refer a restoration application to the MPTS for them to arrange for it to be considered by Medical Practitioners Tribunal, the Registrar shall, as soon as reasonably practicable, write to the applicant—

(a) notifying him of that decision, together with the reasons for it; and

(b) stating that the application will proceed before a Medical Practitioners Tribunal unless he notifies the Registrar in writing within the period of 28 days from the date of the letter that he wishes to withdraw his application.

(8) Where the applicant does not withdraw his application under paragraph (7)(b), a Medical Practitioners Tribunal shall consider the application in accordance with rule 24 of Part 6 of the Fitness to Practise Rules.

(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 the Medical Practitioners Tribunal’s decision; or

(b) such other period as the Medical Practitioners Tribunal may specify.

(10) Where the Case Examiners, the Committee or a Medical Practitioners Tribunal—

(a) decide to grant a restoration application, then they shall inform the Registrar who shall, as soon as reasonably practicable, restore the applicant’s name to the register and notify him in writing that his name has been restored; or

(b) decide to reject a restoration application, then they shall inform the Registrar who shall, as soon as reasonably practicable, notify the applicant of—

(i) the decision to reject the restoration application,

(ii) the reasons for that decision, and

(iii) the applicable period under paragraph (9)(a) or (b).”.

(4) In regulation 6 (transitional arrangements)—

(a) in sub-paragraph (c) of paragraph (3), for “FTP Panel” substitute “Medical Practitioners Tribunal”;

(b) in sub-paragraph (c)(i)(aa) of paragraph (4), 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”;

(c) in paragraph (d) of paragraph (4), for “FTP Panel” substitute “Medical Practitioners Tribunal”;

(d) in paragraph (5), for “FTP Panel” (twice) substitute “Medical Practitioners Tribunal”.

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(2) 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”.

Amendment of the General Medical Council (Licence to Practise and Revalidation) Regulations 2012

55.—(1) The General Medical Council (Licence to Practise and Revalidation) Regulations 2012(3) are amended as follows.

(2) In regulation 2 (interpretation), at the appropriate place in the alphabetical order, insert—

““Interim Orders Tribunal” means an Interim Orders Tribunal constituted under rules made under paragraph 19G of Schedule 1 to the Act;

“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) For paragraph (7) of regulation 3 (grant or refusal of licence), substitute—

“(7) Where, pursuant to section 35C(8) (functions of the Investigation Committee), a referral has been made to the MPTS for them to arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal to consider making an interim order under section 41A (interim orders) in relation to the applicant, the Registrar may decide to take no further action in relation to the application until the decision of the tribunal and the outcome of any application to the relevant court under section 41A(10), is known.”.

(4) For paragraph (9) of regulation 5 (restoration of licence after withdrawal), substitute—

“(9) Where, pursuant to section 35C(8) (functions of the Investigation Committee), a referral has been made to the MPTS for them to arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal to consider whether to make an interim order under section 41A (interim orders) in relation to the applicant, the Registrar may decide to take no further action in relation to the application until the decision of the tribunal and the outcome of any application to the relevant court under section 41A(10) is known.”.

(5) In regulation 8 (restoration for the purposes of section 41(7), for “Fitness to Practise Panel” substitute “Medical Practitioners Tribunal”.

Amendment of the General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies) Procedure Rules 2004

56.—(1) The General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies) Procedure Rules 2004(4) are amended as follows.

(2) In rule 2 (interpretation)—

(a) omit the definitions of “FTP Panel” and “the Presenting Officer”;

(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;

“representative for the GMC” means a barrister, solicitor or other legal representative instructed by the Registrar to present the case on behalf of the General Council at any hearing before a Tribunal or Committee;”.

(3) In rule 3 (referral of cases), 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”.

(4) For rules 4 to 6 (notice of hearing, procedure before FTP Panel and general respectively), substitute—

“Notice of hearing

4.   Where a matter has been referred to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal under rule 3, the MPTS shall give no less than 28 days notice of the hearing to the practitioner—

(a) specifying the date, time and venue of the hearing;

(b) informing him of his right to attend the hearing and to be represented at the hearing in accordance with rule 33 of the Fitness to Practise Rules;

(c) informing him of the power of the Medical Practitioners Tribunal to proceed in his absence under rule 31 of the Fitness to Practise Rules; and

(d) informing him of the Medical Practitioners Tribunal’s powers of disposal under section 44(5) of the Act.

Procedure before a Medical Practitioners Tribunal

5.   Where a matter has been referred to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal under rule 3, the order of proceedings before the Medical Practitioners Tribunal shall be as follows—

(a) the Chairman of the Medical Practitioners Tribunal shall—

(i) where the practitioner is present, require the practitioner to confirm his name and GMC Reference Number,

(ii) where the practitioner is not present, require the representative for the GMC to confirm the practitioner’s name and GMC Reference Number;

(b) the representative for the GMC shall open the case for the General Council and shall present details of the disqualifying decision or determination and the facts upon which it is based and, where the Medical Practitioners Tribunal considers such evidence is desirable to enable it to discharge its functions under this rule may adduce any relevant oral or documentary evidence;

(c) the practitioner may open his case and, where the Medical Practitioners Tribunal considers such evidence is desirable to enable it to discharge its functions under this rule, may adduce any relevant oral or documentary evidence and may adduce evidence and call witnesses in support of it;

(d) the parties may make such further submissions as the Medical Practitioners Tribunal may allow;

(e) the Medical Practitioners Tribunal shall consider and announce its findings of fact;

(f) the Medical Practitioners Tribunal may receive further evidence and hear any further submissions from the parties as to whether the Medical Practitioners Tribunal should suspend the practitioner’s registration in accordance with section 44(5) of the Act;

(g) the Medical Practitioners Tribunal shall consider and announce its decision as to whether to suspend the practitioner’s registration in accordance with section 44(5) of the Act and shall give reasons for its decision; and

(h) in making its decision, the Medical Practitioners Tribunal shall, where appropriate, take into account the practitioner’s previous fitness to practise history with the General Council or any other regulatory body.

General

6.   Where a matter has been referred to a Medical Practitioners Tribunal under rule 3, rules 28 to 31, 33 to 35 and 37 to 42 of the Fitness to Practise Rules shall apply as if—

(a) references to a Tribunal were references to a Medical Practitioners Tribunal;

(b) references to the Committee were omitted;

(c) references to an allegation were references to a matter referred to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal under rule 3;

(d) rules 28(1)(b) and 29(1)(a) of the Fitness to Practise Rules were omitted;

(e) in rule 34(9), the words “or directed by a Case Manager” were omitted;

(f) rule 34(14)(b)(ii) of the Fitness to Practise Rules was omitted;

(g) rules 41(3)(a), 41(4) and 41(5) were omitted; and

(h) in rule 41(6) of the Fitness to Practise Rules—

(i) the words “Subject to paragraph (5)” were omitted, and

(ii) the words “paragraph (3)(b)” were substituted for the words “paragraph (3)(a) or (b).”.

Transitional

57.  Rule 5 does not apply to an allegation referred to in rule 4(5) of the General Medical Council (Fitness to Practise) Rules 2004 which is first made or which first comes to the attention of the General Council before the coming into force of these Rules.

58.  Rule 18(10) does not apply to a direction issued by the Case Manager under rule 16 of the General Medical Council (Fitness to Practise) Rules 2004 before the coming into force of these Rules.

59.  The requirements contained in any undertaking taken into account by a Fitness to Practise Panel under rule 17(2)(m) or rule 22(h) of the General Medical Council (Fitness to Practise) Rules 2004 (“the 2004 Rules”) as in force immediately before the coming into force of these Rules, shall be treated as if they were requirements contained in an undertaking taken into account under rule 17(4) or rule 22(3) of the 2004 Rules(5) for the purposes of the amendment to those Rules made by rule 23 of these Rules.

(1)

Scheduled to the General Medical Council (Restoration following Administrative Erasure) Regulations Order of Council 2004 (S.I. 2004/2612). There are amendments to the Regulations which are not relevant to this Instrument.

(2)

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.

(3)

Scheduled to S.I. 2012/2685. There are amendments to the Rules which are not relevant to this Instrument.

(4)

Scheduled to the General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies) Procedure Rules Order of Council 2004 (S.I. 2004/2607). There are amendments to the Rules which are not relevant to this Instrument.

(5)

Rule 17(4) and rule 22(3) of the General Medical Council (Fitness to Practise) Rules 2004 are amended by rule 21 and 28 (respectively) of this Instrument.