The General Medical Council (Fitness to Practise) (Amendment) Rules Order of Council 2009

EXPLANATORY NOTE

(This note is not part of the Order)

The Rules approved by this Order make amendments to the General Medical Council (Fitness to Practise) Rules 2004.

There is a minor change to rule 2, namely updating terminology in line with the provisions of the Medical Act 1983 (as amended) by the Medical Act (Amendment) and Miscellaneous Amendments Order 2006(1) and the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008(2).

Rule 4 is amended to make provision for the Registrar to close down allegations that are vexatious. In addition, express provision is made to permit investigations to take place into the reasons why an allegation has been made late.

Rules 8 and 28 are amended so that where an FTP hearing is cancelled, the matter may be referred back to Case Examiners who may invite the practitioner to accept a warning or give undertakings.

Rule 12 is amended to make provision for the Registrar to review decisions and to expand both the range of decisions to which the rule applies and the grounds on which review may be made. Rules 8 and 12 are amended so that the matter may be referred back to Case Examiners or to the Registrar for a fresh decision.

A new rule 13A is inserted to make express the power for the Registrar to investigate and require a practitioner to undergo a health or performance assessment following referral to an FTP Panel.

A new rule 21A is added to make provision for one FTP Panel to sit to consider both a review and new allegations against a practitioner when deciding whether his fitness to practise is impaired.

Rule 28 is amended to clarify the circumstances in which a hearing may be cancelled and to expand the powers available to the decision-maker when considering cancellation.

Rule 40 is amended to make alternative arrangements for service where a practitioner has instructed a solicitor or is represented by a trade union or defence organisation. It also makes provision for service by electronic mail.

A new rule 42A is added to provide the Registrar with power to monitor, and to lift or vary, undertakings agreed with a FTP Panel in the same way as undertakings agreed at the investigation stage. Power is also provided for him to refer the matter to a review hearing where the practitioner is not complying with undertakings or another issue has arisen.

(1)

S.I.2006/1914.

(2)

S.I.2008/1774.