The General Medical Council (the Professional Conduct Committee, the General Health Committee and theCommittee on Professional Performance) (Amendment) Rules Order of Council 2000

Amendments to Schedule 3

12.  In Schedule 3 (procedure of Committee on Professional Performance)—

(a) in paragraph 1, in the definition of “performance hearing”—

(i) the words “rule 24(2)” shall be deleted;

(ii) for the words “rule 25 or rule 29(2)” ther shall be sustituted the words “or rule 25, or by the Registrar under rule 29(2)”;

(iii) a further sub-paragraph shall be added as follows:

“(c) the receipt by the Committee under rule 13(1)(b) of a Report of an assessment.”;

(b) in paragraph 8—

(i) in sub-paragraph (1) the following shall be added—

“(d) invite the practitioner to submit to the Registrar, within the period ending 14 days before the date specified for the hearing in the notice of referral, any further written observations which he may wish the Committee to consider.”;

(ii) for the words “paragraph 3(4)(b)”, where they appear in sub-paragraph (1)(a) and sub-paragraph (2), there shall be substituted the words “paragraph 3(3)(b)”;

(c) the following sub-paragraph shall be added to paragraph 8—

“(4) This paragraph shall apply in relation to any performance hearing, whether it is the first hearing of the case by the Committee or a further hearing following an earlier assessment hearing in the case.”;

(d) in paragraph 10(h)(i) for the words “the standard of the practitioner’s professional performance is seriously deficient” there shall be substituted the words “they find the standard of the practitioner’s professional performance to have been seriously deficient”;

(e) the following shall be added after paragraph 10(h)—

“(i) if in any case the Committee determine to suspend the registration of a practitioner under section 36A(1) of the Act, they shall also consider and determine whether it is necessary for the protection of members of the public or would be in the best interests of the practitioner to order that his registration shall be suspended forthwith.”.

(f) for paragraph 12(3) the following paragraph shall be substituted—

“(3) Where the Committee are to hold a resumed hearing, the Registrar shall—

(a) not later than 28 days before the day fixed for the resumed hearing, send to the practitioner, with a copy of these Rules, a notice which shall—

(i) state the day on which and the time and place at which the Committee are to hold a resumed hearing of the case;

(ii) invite the practitioner to state whether he proposes to attend the resumed hearing; and

(iii) inform the practitioner that he may be represented or accompanied at the resumed hearing in accordance with paragraph 7 of Schedule 1;

(b) send—

(i) to members of the Committee all the documents which the practitioner has submitted for the purposes of the hearing, and

(ii) to the practitioner and members of the Committee all other reports, written statements, correspondence with the practitioner or other documents which have been received since the last hearing in the case and have not previously been considered by the Committee and which, in the opinion of the case co-ordinator, will assist the Committee in reaching a decision on the matters before them, and

(iii) to the practitioner and members of the Committee any documents which were before the Committee at the previous hearing and which, in the opinion of the case co-ordinator, will assist the Committee in reaching a decision on the matters before them, and

(c) invite the practitioner to notify to the Registrar, within the period of 14 days of being sent the documents referred to in sub-paragraph (3)(b)(ii), whether he wishes the author of any such report, written statement or other document to give oral evidence at the hearing;

(d) invite the practitioner to submit within the period of 14 days of being sent the documents referred to in sub-paragraph (3)(b)(ii), any further written observations in connection with his case which he wishes the committee to consider.”;

(g) in paragraph 12(4) for the words “sub-paragraph (3)(a)(ii)” there shall be substituted the words “sub-paragraph (3)(b)(ii)”;

(h) the following sub-paragraphs shall be added to paragraph 12—

“(6) Pargaraphs 3, 4 and 9(1) of Schedule 1 shall not apply in relation to resumed hearings.

(7) Documents sent to members of the Committee under this paragraph shall also be sent to the specialist adviser appointed to advise the Committee under paragraph 8 of Schedule 1.”;

(i) in paragraph 13, for the words “paragraphs 9 and 10” there shall be substituted the words “paragraphs 9, 10 and 11”.

(j) the following sub-paragraph shall be added after paragraph 13(c)—

“(d) for sub-paragraph (i) of paragraph 10 there shall be substituted the following sub-paragraph—

“(i) if in any case the Committee determine to suspend the registration of a practitioner under section 36A(2) or section 36A(6) of the Act, they shall also consider and determine whether it is necessary for the protection of members of the public or would be in the best interests of the practitioner to order that this registration shall be suspended forthwith.”.”

(k) in paragraph 14(3)(a)—

(i) in (iii) after the words “all other” the words “correspondence with the practitioner,” shall be added;

(ii) the following shall be added after (iii)—

“(iv) to the practitioner and members of the Committee any documents which were before the Committee at the previous hearing and which, in the opinion of the case co-ordinator, will assist the Committee in reaching a decision on the matters before them.”;

(l) the following sub-paragraphs shall be added to paragraph 14—

“(6) Paragrahs 3, 4 and 9(1) of Schedule 1 shall not apply in relation to review hearings.

(7) Documents sent to members of the Committee under this paragraph shall also be sent to the specialist adviser appointed to advise the Committee under paragraph 8 of Schedule 1.”.