The General Medical Council (Fitness to Practise Committees) (Amendment) Rules Order of Council 2002

Explanatory Note

(This note is not part of the Order)

The Rules approved by this Order make amendments to the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988, the General Medical Council Health Committee (Procedure) Rules 1987, the General Medical Council (Professional Performance) Rules 1997, the General Medical Council (Interim Orders Committee) (Procedure) Rules 2000, the General Medical Council (Constitution of Fitness to Practise Committees) Rules 1996, and the General Medical Council (Constitution of Interim Orders Committee) Rules 2000.

These Rules:

(a) remove the requirement for complaints to the Council to be supported by a sworn statement before the Council may act on them (rules 3(c), 4(b) and 5(c)(i)).

(b) permit the Registrar of the Council to refer specified types of cases of conviction direct to the Professional Conduct Committee (rule 3(b)).

(c) introduce a time limit of five years for complaints to be made to the Council for investigation under the conduct or performance procedures except in exceptional circumstances (rules 3(g) and 5(c)(i)).

(d) permit proceedings of the various fitness to practise committees which consider cases to be recorded electronically (rules 3(t), 4(r), 5(t) and 6(b)).

(e) modify the arrangements whereby doctors being investigated under the health procedures may provide medical evidence in their defence (rule 4(c) and (d)).

(f) streamline the process for referring doctors to the Health Committee where such referral is deemed necessary (rule 4(i)).

(g) streamline the procedures for requesting a doctor to undergo a performance assessment, where an assessment is deemed necessary (rule 5(c) to (g)).

(h) provide that additional assessors may participate in a performance assessment for part of the assessment, if this is deemed appropriate (rule 5(i)).

(i) remove the need for the Interim Orders Committee to meet every time it reviews a case; instead two members of the Committee may review certain cases on paper, without a hearing, if the doctor concerned agrees (rule 6(a)).

(j) reduces the quorum of each of the fitness to practise committees which consider cases to three (rules 7 and 8).

(k) include sundry other minor corrections and amendments to improve the effectiveness of the procedures.