The General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2009

Statutory Instruments

2009 No. 2751

Health Care And Associated Professions

Doctors

The General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2009

Made

12th October 2009

Laid before Parliament

16th October 2009

Coming into force

16th November 2009

At the Council Chamber, Whitehall, the 12th day of October 2009

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas, in exercise of their powers under paragraphs 19A to 19E and 23B of Schedule 1 to the Medical Act 1983(1) the General Medical Council has made the General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules 2009 as set out in the Schedule to this Order;

And whereas by paragraph 24 of Schedule 1(2) to the Medical Act 1983, such Rules shall not come into force until approved by order of the Privy Council;

Now, therefore, Their Lordships, having taken these Rules into consideration, are pleased to, and do hereby approve them.

This Order may be cited as the General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2009, and shall come into force on 16th November 2009.

Judith Simpson

Clerk of the Privy Council

SCHEDULE THE GENERAL MEDICAL COUNCIL (CONSTITUTION OF PANELS AND INVESTIGATION COMMITTEE) (AMENDMENT) RULES 2009

The General Medical Council, in exercise of its powers under paragraphs 19A to 19E and 23B of Schedule 1 to the Medical Act 1983 hereby makes the following rules:

Citation and commencement

1.  These Rules may be cited as the General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules 2009, and shall come into force on 16 November 2009.

Amendments

2.  In the General Medical Council (Constitution of Panels and Investigation Committee) Rules 2004(3)—

(1) In rule 2, for the definition of “lay”, substitute the following: “means a person who is not and never has been provisionally or fully registered, was at no time registered with limited registration and does not hold qualifications which would entitle them to apply for provisional or full registration under the Act”.

(2) In rules 3(1)(a)(ii), 3(2), 4(2), 4(3), 5(1)(a)(ii), 5(2)(b), 6 and 7, for “Registration Decisions Panel” substitute “Registration Panel”.

Given under the official seal of the General Medical Council this 10^th day of September 2009

Peter Rubin

Chair

Finlay Scott

Chief Executive and Registrar

EXPLANATORY NOTE

(This note is not part of the Order)

The Rules approved by this Order make minor changes to rules 2, 3, 4, 5, 6 and 7, of the General Medical Council (Constitution of Panels and Investigation Committee) Rules 2004.

They update terminology of the Rules in line with the provisions of the Medical Act 1983 as amended by the Medical Act (Amendment) Order 2002 (SI 2002/3135), the Medical Act (Amendment) and Miscellaneous Amendments Order 2006 (SI 2006/1914) which substituted “Registration Panels” for “Registration Decision Panels”, and the Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (SI 2008/1774) which inserted provisions as to the constitution of the General Medical Council concerning lay members, the description of which is introduced into these Rules.

(1)

1983 c.54. Paragraphs 19A, 19B, 19C, 19D, 19E, and 23B of Schedule 1 to the Medical Act 1983 were inserted by SI 2002/3135, article 5. Paragraphs 19B was amended by SI 2006/1914, article 3. See also, in relation to the exercise of these powers, section 23, which was also inserted by SI 2002/3135, article 5 and amended by SI 2006/1914, article 3.

(2)

Paragraph 24 was inserted into the Medical Act 1983 by SI 2002/3135, article 5.

(3)

Scheduled to SI 2004/2611, as amended by the Rules scheduled to SI 2005/402.