The General Medical Council (Legal Assessors) (Amendment) Rules 1997

Statutory Instruments

1997 No. 1861

MEDICAL PROFESSION

The General Medical Council (Legal Assessors) (Amendment) Rules 1997

Made

29th July 1997

Laid before Parliament

29th July 1997

Coming into force

1st September 1997

The Lord Chancellor and, in relation to proceedings in Scotland, the Lord Advocate, in exercise of the powers conferred upon them by section 43 of, and paragraph 7(3) of Schedule 4 to, the Medical Act 1983(1), hereby make the following Rules:–

Citation, commencement and interpretation

1.—(1) These Rules may be cited as the General Medical Council (Legal Assessors) (Amendment) Rules 1997 and shall come into force on 1st September 1997.

(2) In these Rules:–

(a) “the 1980 Rules” means the General Medical Council (Legal Assessors) Rules 1980(2); and

(b) unless the context otherwise requires, a rule referred to by number alone means the rule so numbered in the 1980 Rules.

Amendments to the 1980 Rules

2.  In rule 1(2), after the words “the Professional Conduct Committee,”, there shall be inserted the words “the Assessment Referral Committee, the Committee on Professional Performance,”.

3.  In rules 4 and 5, after the words “the Professional Conduct Committee” where they appear in each rule, there shall be inserted the words “, the Assessment Referral Committee, the Committee on Professional Performance”.

Irvine of Lairg, C.

28th July 1997

Hardie

29th July 1997

Explanatory Note

(This note is not part of the Rules)

These Rules amend the General Medical Council (Legal Assessors) Rules 1980, which regulate the functions of legal assessors appointed by the General Medical Council to advise the Professional Conduct Committee, the Health Committee and the Preliminary Proceedings Committee on questions of law arising in proceedings before them.

The amendments are necessary as a result of the Medical (Professional Performance) Act 1995 which created two new Committees of the General Medical Council - the Assessment Referral Committee and the Committee on Professional Performance. These Rules provide for the 1980 Rules to apply to the new Committees, as well as to the existing ones.

(1)

1983 c. 54. Section 43 of, and Schedule 4, paragraph 7 to, the Medical Act 1983 were amended by the Medical (Professional Performance) Act 1995 (c. 51), section 4, Schedule, paragraphs 1, 9 and 21.

(2)

S.I. 1980/941. These Rules which were made under the Medical Act 1978 (c. 12) now have effect under section 43 of, and paragraph 7(3) of Schedule 4 to, the Medical Act 1983 by virtue of section 56, Schedule 6, paragraph 2 of that Act and the Interpretation Act 1978 (c. 30), section 17(2)(b).