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[F1Part VU.K. Fitness to Practise and Medical Ethics

Textual Amendments

F1Pt. V substituted (1.7.2003 for the substitution of s. 41A(2)(a) and Pt. V heading for specified purposes as notified in the London Gazette dated 1.7.2003, 7.7.2004 for the substitution of s. 35CC(1) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force except for the substitution of ss. 41(7)(8), 41C, 44(4), 44A(3) as notified in the London Gazette dated 8.10.2004, 16.11.2009 for the insertion of s. 41C as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), art. 1(2)(3), 13 (with Sch. 2)

35CFunctions of the Investigation CommitteeU.K.

(1)This section applies where an allegation is made to the General Council against—

[F2(a)a fully registered person; or

(b)a person who is provisionally registered,]

that his fitness to practise is impaired.

(2)A person’s fitness to practise shall be regarded as “impaired” for the purposes of this Act by reason only of—

(a)misconduct;

(b)deficient professional performance;

(c)a conviction or caution in the British Islands for a criminal offence, or a conviction elsewhere for an offence which, if committed in England and Wales, would constitute a criminal offence;

(d)adverse physical or mental health; or

[F3(da)not having the necessary knowledge of English (but see section 2(4));]

(e)a determination by a body in the United Kingdom responsible under any enactment for the regulation of a health or social care profession to the effect that his fitness to practise as a member of that profession is impaired, or a determination by a regulatory body elsewhere to the same effect.

[F4(3)This section is not prevented from applying because—

(a)the allegation is based on a matter that is alleged to have occurred—

(i)outside the United Kingdom, or

(ii)at a time when the person was not registered; or

(b)in relation to a person who is a participant in a revalidation pilot scheme, the allegation is based on information obtained in the course of or otherwise in connection with the person’s revalidation under that scheme.]

(4)The Investigation Committee shall investigate the allegation and decide whether it should be considered by a [F5Medical Practitioners Tribunal].

(5)If the Investigation Committee decide that the allegation ought to be considered by a [F6Medical Practitioners Tribunal]—

(a)they shall give a direction to that effect to the Registrar;

(b)the Registrar shall refer the allegation to [F7the MPTS for them to arrange for the allegation to be considered by] a [F6Medical Practitioners Tribunal]; and

(c)the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(6)If the Investigation Committee decide that the allegation ought not to be considered by a [F8Medical Practitioners Tribunal], they may give a warning to the person who is the subject of the allegation regarding his future conduct or performance.

[F9(6A)In deciding whether to give a warning under subsection (6), the Investigation Committee must have regard to the over-arching objective.]

(7)If the Investigation Committee decide that the allegation ought not to be considered by a [F10Medical Practitioners Tribunal], but that no warning should be given under subsection (6) above—

(a)they shall give a direction to that effect to the Registrar; and

(b)the Registrar shall serve a notification of the Committee’s decision on the person who is the subject of the allegation and the person making the allegation (if any).

(8)If the Investigation Committee are of the opinion that [F11an Interim Orders Tribunal or a Medical Practitioners Tribunal] should consider making an order for interim suspension or interim conditional registration under section 41A below in relation to the person who is the subject of the allegation—

(a)they shall give a direction to that effect to the Registrar;

(b)the Registrar shall refer the matter to [F12the MPTS for them to arrange for] [F11an Interim Orders Tribunal or a Medical Practitioners Tribunal]F13... to decide whether to make such an order; and

(c)the Registrar shall serve notification of the decision on the person who is the subject of the allegation and the person making the allegation (if any).

(9)In this section—

Textual Amendments

F2S. 35C(1)(a)(b) substituted for (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 13