The Medical (Professional Performance) Act 1995 (Commencement No. 1) Order 1996

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st May 1996 certain provisions of the Medical (Professional Performance) Act 1995 (“the Act”), which amends the Medical Act 1983, the National Health Service Act 1977, the National Health Service (Scotland) Act 1978 and the Health and Personal Social Services (Northern Ireland) Order 1972.

The provisions brought into force relate to the powers of the General Medical Council through its appropriate Committees—

(a)to permit interim orders for suspension or conditional registration to be made for an initial period of six months rather than the original two months, and to make further interim orders for periods of up to three months at a time; and

(b)to make an order for indefinite suspension in circumstances where the doctor’s fitness to practise is judged by the General Medical Council’s Health Committee to be seriously impaired by reason of his physical or mental condition and where the doctor concerned has already been suspended for at least two years.

This Order also brings into force, wholly or partly, sections 5, 6 and 7 of the Act which relate respectively to expenses, commencement, short title and extent.

In addition, this Order brings into force paragraph 4 of the Schedule to the Act which amends section 35 of the Medical Act 1983, so as to empower the General Medical Council to advise doctors on standards of professional performance.