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

Amendments in relation to Panel undertakings

15.—(1) In rules 17(2)(m) and 22(h), for “the FTP Panel may take into account any written undertakings (including limitations on his practice) entered into by the practitioner” substitute “the FTP Panel may agree as an alternative to imposing any sanction any written undertakings (including any limitations on his practice) offered by the practitioner”.

(2) After rule 37, insert the following rule—

“Panel undertakings

37A.— (1) Where undertakings have been agreed under rule 17(2)(m) or 22(h), the Registrar may carry out any investigations, which may include (but are not limited to) requesting the provision of reports or directing an assessment be carried out in accordance with Schedule 1 or 2, that are, in the Registrar’s opinion, appropriate to the consideration of—

(a) whether the practitioner has complied with any undertakings in place; or

(b) the practitioner’s fitness to practise.

(2) Where, as a result of information received by the General Council, it appears to the Case Examiners that any undertakings agreed under rule 17(2)(m) or 22(h) should be varied or cease to apply, they shall inform the Registrar accordingly and the Registrar shall—

(a) invite the practitioner to comply with such varied undertakings as appear to the Case Examiners to be appropriate; or

(b) direct that the undertakings should no longer apply.

(3) Where the Registrar receives information that—

(a) the practitioner has failed to observe an undertaking agreed under rule 17(2)(m) or 22(h) or which, having been agreed under rule 17(2)(m) or 22(h), has been varied following an invitation to comply with it under paragraph (2)(a); or

(b) the practitioner’s health or performance has deteriorated, or otherwise gives rise to further concern regarding their fitness to practise,

the Registrar may refer the matter to a FTP Panel for a review hearing under Part 5 of these Rules.”.