Search Legislation

The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Articles 2 and 3: consequential provision

This section has no associated Explanatory Memorandum

4.—(1) In Part 3 of Schedule 1 to the Medical Act (committees of the GMC), in paragraph 23 (membership)(1)—

(a)for “paragraphs 19A, 19C and 19E” substitute “paragraph 19C”,

(b)in paragraphs (a) and (c), omit “an Interim Orders Panel,” and “or a Fitness to Practise Panel”, and

(c)omit paragraph (b) (but not the following “and”).

(2) In paragraph 23B of that Schedule (quorum)(2), for “19A, 19B, 19C, 19D or 19E” substitute “19B, 19C or 19D”.

(3) In paragraph 23C of that Schedule (assistance with appointment functions)(3), after “paragraph 23B” insert “or under paragraph 19F”.

(4) After that paragraph insert—

23D.  The overriding objective of the General Council in exercising the power to make rules under paragraph 19F or 19G is to secure that Medical Practitioners Tribunals and Interim Orders Tribunals deal with cases fairly and justly.

(5) In paragraph 24 of that Schedule (requirement for Privy Council approval of rules)(4), for “19A, 19B, 19C, 19D or 19E” substitute “19B, 19C, 19D, 19F or 19G”.

(6) In paragraph 25 of that Schedule (supplementary provisions relating to committees)(5), in sub-paragraph (2), for “paragraph 23” substitute “paragraphs 19B, 19C, 19D, 19F, 19G and 23”.

(7) In sub-paragraph (3) of that paragraph, after “any committee of the Council” insert “(other than the MPTS or a Medical Practitioners Tribunal or Interim Orders Tribunal)”.

(8) In sub-paragraph (4) of that paragraph, after “rules made” insert “under paragraph 19F(3)(f) or 19G(2)(d) or”.

(9) In sections 35B(4), 38(1), (2) and (4), 44(5), 47(4) and 53(2) of the Medical Act, for “Fitness to Practise Panel”, in each place it appears, substitute “Medical Practitioners Tribunal”.

(10) In section 44(5) of that Act—

(a)for “the Panel” substitute “the Tribunal”, and

(b)for “the Panel’s” substitute “the Tribunal’s”.

(11) In sections 35B(4) and 47(4) of that Act, for “Interim Orders Panel” substitute “Interim Orders Tribunal”.

(12) In section 35CC of that Act (provisions supplementary to section 35C)(6), after subsection (1) insert—

(1A) The reference in subsection (1) to an officer of the General Council does not include a reference to the chair of the MPTS or any other officer of the Council to whom functions of the MPTS have been delegated by virtue of paragraph 19F(7) of Schedule 1.

(1)

Paragraph 23 of Schedule 1 was amended by S.I. 2006/1914.

(2)

Paragraph 23B of Schedule 1 was substituted by S.I. 2002/3135.

(3)

Paragraph 23C of Schedule 1 was inserted by S.I. 2008/1774.

(4)

Paragraph 24 of Schedule 1 was substituted by S.I. 2002/3135.

(5)

Paragraph 25 of Schedule 1 was amended by S.I. 2000/1803, S.I. 2002/3135 and S.I. 2008/3131.

(6)

Section 35CC was substituted by S.I. 2002/3135.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources