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SCHEDULES

[F1SCHEDULE 4U.K. [F2Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals]

Textual Amendments

F1Sch. 4 substituted (7.7.2004 for the substitution of Sch. 4 para. 5A(2) for specified purposes and paras. 1, 5A(1)(3)(3A)(9), 6, 7(3)(4)(6) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 14 (with Sch. 2 and savings in The Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I. 2004/1731), arts. 1(1), 2)

[F3Professional performance assessments and health assessments]U.K.

Textual Amendments

5A(1)The General Council may make rules—U.K.

(a)authorising the giving of directions by any of—

(i)the Investigation Committee,

(ii)[F4a Medical Practitioners Tribunal],

(iii)such other persons as may be specified in the rules,

requiring [F5an assessment of a kind referred to in sub-paragraph (1A)] to be carried out;

(b)specifying circumstances in which such an assessment may be carried out otherwise than in accordance with a direction.

[F6(1A)The assessments referred to in sub-paragraph (1) are—

(a)in the case of a registered person, an assessment of the standard of a person’s professional performance;

(b)in the case of a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for his name to be restored to the register, an assessment of the standard of professional performance of which the person would be capable if the person’s name were to be restored to the register;

(c)in either case, an assessment of the person’s physical or mental health.]

(2)[F7An assessment by virtue of this paragraph is to be carried out in accordance with such directions as the Registrar may give as to—

(a)whether the assessment is to be carried out by an Assessment Team or by an individual assessor;

(b)the form or content of the assessment.

(2ZA)Where the assessment is to be carried out by an Assessment Team, the Team—

(a)must include at least one fully registered person selected by the Registrar; and

(b)is otherwise to be constituted in accordance with directions given by the Registrar.

(2ZB)Where the assessment is to be carried out by an individual assessor, the assessor must be a fully registered person selected by the Registrar.

(2ZC)The General Council may make rules as to—

(a)the appointment of fully registered persons and of other persons to a list of persons eligible to be members of an Assessment Team and the appointment of fully registered persons to a list of persons eligible to be individual assessors;

(b)the procedure to be followed in carrying out an assessment by virtue of this paragraph;

(c)the procedure to be followed following the making of a report on an assessment carried out by virtue of this paragraph.

(2ZD)Where there are rules made under sub-paragraph (2ZC)(a), a person selected under sub-paragraph (2ZA) or (2ZB) must be a person who is included in the applicable list of eligible persons provided for in the rules.

(2ZE)The General Council may make rules authorising the Assessment Team which, or individual assessor who, is to carry out an assessment by virtue of this paragraph to determine the procedure to be followed in carrying out the assessment in so far as it is not provided for in rules under sub-paragraph (2ZC)(b).]

(2A)An assessment of the standard of a registered person’s professional performance may include an assessment of his professional performance at any time prior to the assessment and may include an assessment of the standard of his professional performance at the time of the assessment.

[F8(2B)An assessment of a person’s physical or mental health may include an assessment of the person’s physical or mental health at any time prior to the assessment and may include an assessment of the person’s physical or mental health at the time of the assessment.]

[F9(3)If the Registrar is of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of the assessment, the Registrar—

(a)may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal, and

(b)if he does so, must without delay serve on the person concerned a notification of the making of such a referral.

(3A)If the Investigation Committee are of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment—

(a)the Investigation Committee may direct the Registrar to refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal; and

(b)the Registrar, having been given a direction under paragraph (a), must make the referral to the MPTS and must without delay serve on the person concerned a notification of the making of the referral.

(3B)Where a matter is referred to the MPTS under sub-paragraph (3) or (3A), the MPTS must arrange for the matter to be considered by a Medical Practitioners Tribunal.

(3C)Where a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a registered person to submit to an assessment, are of the opinion that the person concerned has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment, the Tribunal must consider that matter.

(3D)The Medical Practitioners Tribunal, on their consideration of a matter under sub-paragraph (3B) or (3C), may, if they think fit—

(a)direct that the person’s registration in the register is to be suspended (that is to say, is not to have effect) during such period not exceeding twelve months as may be specified in the direction; or

(b)direct that the person’s registration is to be conditional on the person’s compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in the person’s interests.

(3E)Where, under sub-paragraph (3D), the Tribunal give a direction for suspension or a direction for conditional registration, the MPTS must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (5).

(3F)Where, under sub-paragraph (3D), the Tribunal give a direction for suspension or a direction for conditional registration, or where the Tribunal decide not to give a direction under that sub-paragraph, the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction or decision.

(3G)While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (3D)—

(a)the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b)sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.]

[F10(3H)In deciding whether to give a direction under sub-paragraph (3D), a Medical Practitioners Tribunal must have regard to the over-arching objective.]

(5)An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of [F11a Medical Practitioners Tribunal] given [F12under sub-paragraph (3D)] above, and on an appeal under this sub-paragraph the relevant court may—

(a)quash the direction;

(b)substitute for the direction any other direction which [F13the Tribunal] could have made; or

(c)remit the case to [F14the MPTS for them to arrange for] [F11a Medical Practitioners Tribunal] to [F15dispose of it] in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

[F16(5A)Subject to paragraph 9, an appeal under sub-paragraph (5) must be brought before the end of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (3E).]

(6)An Assessment Team [F17or an individual assessor], for the purposes of carrying out an assessment of the standard of a person’s professional performance—

(a)may require the production of, inspect and take copies of any records (in whatever form they are held) arising out of or relating to the person’s professional practice; and

(b)where such records are kept otherwise than in legible form, may require a copy of them to be given to the Team [F18or the assessor] in legible form.

(7)A person who, without reasonable excuse, obstructs an Assessment Team [F19or an individual assessor] in the execution of F20... powers under sub-paragraph (6) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)Nothing in this paragraph shall require or permit any disclosure of information which is prohibited by or under any other enactment [F21or the [F22UK GDPR]]; but where information is held in a form in which the prohibition operates by reason of the fact that the information is capable of identifying an individual, an Assessment Team [F19or an individual assessor] may, in exercising F20... powers under sub-paragraph (6) above, require that the information be put into a form in which it is not capable of identifying an individual.

[F23(8A)In determining for the purposes of sub-paragraph (8) whether a disclosure is prohibited, it is to be assumed for the purposes of paragraph 5(2) of Schedule 2 to the Data Protection Act 2018 and paragraph 3(2) of Schedule 11 to that Act (exemptions from certain provisions of the data protection legislation: disclosures required by law) that the disclosure is required by this paragraph.]

(9)Sub-paragraphs (6) and (7) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.

[F24(10)In this paragraph a reference to the standard of a F25... person’s professional performance includes the standard of the person’s knowledge of English and, in particular, whether the person has the necessary knowledge of English.

(11)But an assessment [F26of a person’s professional performance] carried out by virtue of this paragraph must not be limited to an assessment of whether a person has the necessary knowledge of English.

(12)Where an assessment is required to be undertaken by virtue of paragraph 5C below, that assessment [F27shall not be undertaken as part of an assessment carried out by virtue of this paragraph] .]

[F28(13)The General Council may by rules provide that an assessment of a person’s knowledge of English undertaken as part of an assessment of the person’s professional performance by virtue of this paragraph is to be undertaken in accordance with such provision as is made in rules under paragraph 5C(2) subject to such modifications as the General Council consider necessary or expedient.]

F29(14). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Sch. 4 para. 5A(2)-(2ZE) substituted for Sch. 4 para. 5A(2) (3.8.2015 for specified purposes, 31.12.2015 in so far as not already in force) by 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 (S.I. 2015/794), arts. 1(3), 10(3); S.I. 2015/1579, art. 2(g); S.I. 2015/1952, art. 2(g)

F21Words in Sch. 4 para. 5A(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 25(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

5B(1)A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this paragraph if satisfied by the evidence on oath of at least two members of an Assessment Team [F30or an individual assessor] that there are reasonable grounds for suspecting that the team [F31or assessor] will require a warrant for the purposes of carrying out an assessment required by virtue of rules made under paragraph 5A above.U.K.

(2)A warrant under this paragraph shall authorise one or more members of the Assessment Team (who must, if so required, produce documents identifying themselves)[F32, or (as the case may be) an individual assessor (who must, if so required, produce documents identifying himself),] together with any constables—

(a)to enter any building specified in the warrant, but not a dwelling-house, using such force as is reasonably necessary for the purpose; and

(b)to search the premises for the purposes of the exercise of the powers under paragraph 5A(6) above.

(3)A warrant under this paragraph shall continue in force until the end of the period of 21 days beginning with the day on which it is issued.

(4)A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

Knowledge of English AssessmentsU.K.

[F335C.(1)The General Council may make rules—

(a)authorising the giving of directions by any of—

(i)the Investigation Committee,

(ii)[F34a Medical Practitioners Tribunal],

(iii)such other persons as may be specified in the rules,

requiring a registered person [F35or a person seeking restoration to the register] to undertake an assessment of that person’s knowledge of English;

(b)specifying circumstances in which such an assessment may be undertaken otherwise than in accordance with a direction.

[F36(1A)The reference in sub-paragraph (1) to a person seeking restoration to the register is a reference to a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for the person’s name to be restored to the register.]

(2)An assessment required to be undertaken by virtue of this paragraph must be undertaken in accordance with rules made by the General Council under this paragraph; and the rules shall, in particular, provide—

(a)for the procedures to be followed F37... when directing a F38... person to undertake such an assessment;

(b)for the F38... person who is required to undertake such an assessment to provide information in respect of that assessment to such persons as may be prescribed under the rules;

(c)for the information provided by virtue of paragraph (b) to be disclosed to such persons as may be prescribed under the rules.

(3)If the Registrar is of the opinion that a [F39registered] person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment the RegistrarF40...—

(a)[F41may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal,] and

(b)if he does so, shall without delay serve on the person a notification of the making of such a referral.

[F42(3A)If the Investigation Committee are of the opinion that a registered person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment—

(a)the Investigation Committee may direct the Registrar to refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal; and

(b)the Registrar, having been given a direction under paragraph (a), must make the referral to the MPTS and must without delay serve on the person concerned a notification of the making of the referral.

(3B)Where a matter is referred to the MPTS under sub-paragraph (3) or (3A), the MPTS must arrange for the matter to be considered by a Medical Practitioners Tribunal.

(3C)If a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a person to undertake an assessment of that person’s knowledge of English, are of the opinion that the person concerned has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information required in respect of that assessment, the Tribunal must consider that matter.]

(4)[F43The Medical Practitioners Tribunal, on their consideration of a matter under sub-paragraph (3B) or (3C) may], if they think fit—

(a)direct that the person’s registration in the register shall be suspended (that is to say, shall not have effect) during such period not exceeding 12 months as may be specified in the direction; or

(b)direct that the person’s registration shall be conditional on the person’s compliance, during such period not exceeding 3 years as may be specified in the direction, with such requirements so specified as [F44the Tribunal] think fit to impose for the protection of members of the public or in the person’s interests.

[F45(4A)In deciding whether to give a direction under sub-paragraph (4), a Medical Practitioners Tribunal must have regard to the over-arching objective.]

(5)Where under sub-paragraph (4), [F46the Medical Practitioners Tribunal] give a direction for suspension or a direction for conditional registration [F47the MPTS] must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (7).

[F48(5A)Where, under sub-paragraph (4), the Medical Practitioners Tribunal give a direction for suspension or a direction for conditional registration, or where the Tribunal decide not to give a direction under that sub-paragraph, the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction or decision.]

(6)While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (4)—

(a)the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but

(b)sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.

(7)An appeal shall lie to the relevant court (within the meaning of section 40(5) of this Act) from any direction of [F49a Medical Practitioners Tribunal] given under sub-paragraph (4) and on an appeal under this paragraph the relevant court may—

(a)quash the direction,

(b)substitute for the direction any other direction which [F50the Tribunal] could have made, or

(c)remit the case to [F51the MPTS for them to arrange for] [F49a Medical Practitioners Tribunal] to [F52dispose of it] in accordance with the court’s directions,

and the decision of the court on any appeal under this sub-paragraph shall be final.

(8)Subject to paragraph 9, an appeal under sub-paragraph (7) must be brought before the end of the period of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (5).

(9)Sub-paragraphs (6) to (9) of paragraph 1 above shall apply in relation to rules made under this paragraph as they apply in relation to rules under that paragraph.]]

Textual Amendments