2017 No. 1049
The General Medical Council (Miscellaneous Amendments) Order of Council 2017
Made
Laid before Parliament
Coming into force
At the Council Chambers, Whitehall, the 31st day of October 2017
By the Lords of Her Majesty’s Most Honourable Privy Council
The General Medical Council has made the General Medical Council (Miscellaneous Amendments) Rules 2016 which are set out in the Schedule to this Order, in exercise of the powers conferred by sections 1(2) and 35CC(1) of, and paragraph 1B(4) of Schedule 1 to, and paragraphs 1(1), (2ZA), (2ZB), (2C), (2D) and (4) of Schedule 4 to, the Medical Act 19831.
By virtue of section 1(2) of, and paragraph 1(7) of Schedule 4 to, that Act the Rules are not to have effect until approved by order of the Privy Council.
Citation and commencement1
1
This Order may be cited as the General Medical Council (Miscellaneous Amendments) Order of Council 2017 and comes into force on 30th November 2017.
Privy Council approval2
Their Lordships, having taken the Rules in the Schedule into consideration, are pleased to and do approve them.
SCHEDULEThe General Medical Council (Miscellaneous Amendments) Rules 2016
These Rules are made by the General Medical Council in exercise of the powers conferred by sections 1(2) and 35CC(1) of, and paragraph 1B(4) of Schedule 1 to, and paragraphs 1(1), (2ZA), (2ZB), (2C), (2D) and (4) of Schedule 4 to, the Medical Act 19832.
Citation and commencement1
These Rules may be cited as the General Medical Council (Miscellaneous Amendments) Rules 2016 and come into force on 30th November 2017.
PART 1Amendments to the General Medical Council (Fitness to Practise) Rules 2004
Amendments to the General Medical Council (Fitness to Practise) Rules 20042
The General Medical Council (Fitness to Practise) Rules 20043 are amended in accordance with rules 3 to 14.
Amendment of rule 23
In rule 2 (interpretation)4, in the definition of “Assessment Team”, omit “three or more”.
Amendment of rule 174
Rule 17 (procedure before a Medical Practitioners Tribunal)5 is amended as follows—
a
in paragraph (3), for “General Medical Council” substitute “General Council”;
b
for paragraph (5)(b)(ii), substitute—
ii
any person from whom the practitioner is seeking such employment or with whom the practitioner is seeking to enter into such an arrangement , and
c
in paragraph (9), for “makings”, substitute “making”.
Amendment of rule 17ZA5
In rule 17ZA(procedure at a non-compliance hearing)6, before “the order” omit “(1)”.
Amendment of rule 186
In paragraph 2 of rule 18 (application of Part 5), for “37A(3)” substitute “37A(5)”.
Amendment of rule 207
In rule 20 (notice)7—
a
in paragraph (1), for “20” substitute “28”;
b
omit paragraph (2).
Amendment of rule 228
In rule 22 (procedure at review hearing)8—
a
for paragraph (4)(b)(ii), substitute—
ii
any person from whom the practitioner is seeking such employment or with whom the practitioner is seeking to enter into such an arrangement , and
b
in paragraph (5)(b), for “a direction” substitute “an order”.
Amendment of rule 22A9
In rule 22A (procedure at a non-compliance review hearing)9—
a
before “the order” omit “(1)”;
b
for paragraph (1)(g), substitute—
g
the Medical Practitioners Tribunal may receive further evidence and hear further submissions from the parties as to its decision whether to make a direction under section 35D(5), (6), (8), (10) or (12) of the Act;
c
in paragraph (1)(i), for “a direction”, substitute “an order”.
Amendment of rule 2610
In rule 26 (notice)10, before “Prior to” omit “(1)”.
Amendment of rule 2711
In paragraph (4) of rule 27 (procedure at an interim orders hearing)11—
a
for sub-paragraph (b)(ii), substitute—
ii
where the practitioner is not present, require the representative for the GMC to confirm the practitioner’s name and GMC Reference Number;
b
in paragraph (c), for “Interim Orders Panel” substitute “Interim Orders Tribunal”.
Amendment of rule 2812
In rule 28 (withdrawal of a matter)12, for paragraphs (1) to (4) substitute—
1
Where, after an allegation has been referred to the Committee and before the opening of the hearing before the Committee—
a
a practitioner who has requested an oral hearing withdraws that request; or
b
it appears to the Registrar for some other reason that the hearing should not be held,
the Registrar may refer the matter to a medical or lay Case Examiner for a decision as to whether or not the matter (or part of it) should be withdrawn.
2
Where, after a matter has been referred to a Medical Practitioners Tribunal or Interim Orders Tribunal and before the opening of the hearing before the Tribunal, it appears to the Registrar that a matter (or part of it) should not be considered by a Medical Practitioners Tribunal or that an Interim Orders Tribunal should not consider making an order, the Registrar may refer the matter to a medical or lay Case Examiner for a decision as to whether the matter (or part of it) should be withdrawn.
3
Where paragraph (1) or (2) applies, a Case Examiner may decide that—
a
all or part of the matter referred to in that paragraph should be withdrawn; or
b
in the case of a matter that has been referred to a Medical Practitioners Tribunal, other than a non-compliance matter, the matter should be referred for consideration by a medical and lay Case Examiner under rule 10 or 11.
4
Where a decision is taken under paragraph (3) of this rule, the Registrar shall as soon as is reasonably practicable, serve notice in writing upon the practitioner and the maker of the allegation (if any), and shall give reasons for the decision in the notice.
Amendment of rule 3413
In paragraph (10) of rule 34 (evidence)13, for “Panel” substitute “Tribunal”.
Amendment of Schedule 114
In paragraph 1(2) of Schedule 1 (Performance Assessments)14 for “unless other specified” substitute “unless otherwise specified”.
PART 2Amendments to the General Medical Council (Constitution) Order 2008
Amendments to the General Medical Council (Constitution) Order 200815
The General Medical Council (Constitution) Order 200815 is amended as follows—
a
for article 5(1) (disqualification from appointment as a member), substitute—
1
has in the course of proceedings concerning the person’s fitness to practise agreed to comply with undertakings, in accordance with rules under paragraphs 1(2A) to (2D) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Tribunals and Medical Practitioners Tribunals) and the undertakings continue to apply;
b
for paragraph (g) of article 6(1) (removal of members from office), substitute—
g
in the case of a registrant member, the member has in the course of proceedings concerning the member’s fitness to practise agreed to comply with undertakings, in accordance with rules under paragraphs 1(2A) to (2D) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Tribunals and Medical Practitioners Tribunals);
Given under the official seal of the General Medical Council this 6th day of June 2016
(This note is not part of the Order)