Medical Act 1983

[F11(1)Subject to the provisions of this paragraph, the General Council shall make rules F2...with respect to—U.K.

(a)the reference of cases to the Investigation Committee [F3or the MPTS];

[F4(aa)the arrangements by the MPTS for a Medical Practitioners Tribunal or Interim Orders Tribunal to consider a matter;] and

(b)the procedure to be followed and rules of evidence to be observed in proceedings before [F5the Investigation Committee or a Medical Practitioners Tribunal or Interim Orders Tribunal].

[F6(1A)The overriding objective of the General Council in making rules under this Schedule with respect to the procedure to be followed in proceedings before a Medical Practitioners Tribunal or an Interim Orders Tribunal, or with respect to the procedure to be followed by the Investigation Committee when deciding whether to give a warning under section 35C(6), is to secure that the Tribunal or Committee (as the case may be) deals with cases fairly and justly.]

[F7(1B)Where the General Council consider that there is a conflict between meeting the objective under sub-paragraph (1A) and the over-arching objective, they must give priority to meeting the objective under sub-paragraph (1A).]

(2)Rules made under this paragraph in connection with the consideration by the Investigation Committee of whether to warn a person regarding his future conduct or performance under section 35C(6) above shall include provision—

(a)securing that notice shall be given to this effect to the person concerned;

(b)securing that the person concerned shall be entitled to make representations in writing to the Committee;

(c)securing that if the Committee determines that there should be an oral hearing, the person concerned shall, if he so requires, be entitled to be heard by the Committee;

(d)enabling the person concerned to be represented before the Committee by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules; and

(e)securing that notice be served on the person concerned of any decision taken in relation to him by the Committee.

[F8(2ZA)Rules made under this paragraph in connection with the referral of a matter to, or the consideration of a matter by, a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for—

(a)the Investigation Committee to continue to investigate the matter after the referral is made or consideration by the Tribunal has begun (as the case may be); and

(b)the withdrawal of the matter (or part of it) by the Investigation Committee if they decide that the matter (or part of it) should not be considered by a Medical Practitioners Tribunal or they are of the opinion that an Interim Orders Tribunal should not consider making an order.

(2ZB)Section 35CC(1) applies to functions of the Investigation Committee by virtue of sub-paragraph (2ZA) as it applies to their functions under section 35C.]

(2A)[F9Rules made under this paragraph may include provision—

(a)for enabling the Investigation Committee, whether before or after a matter has been referred to a Medical Practitioners Tribunal (but before the Tribunal’s hearing of the matter has begun), and in such circumstances as may be specified in the rules, to agree with the person concerned that the person will comply with such undertakings as the Committee consider appropriate; and

(b)with respect to the procedure to be followed where any such undertakings are breached.

(2B)Section 35CC(1) applies to the functions of the Investigation Committee by virtue of sub-paragraph (2A) as it applies to their functions under section 35C.

(2C)Rules made under this paragraph may include provision—

(a)for enabling the General Council, where a Medical Practitioners Tribunal find that a person’s fitness to practise is impaired, to agree with the person concerned that the person will comply with such undertakings as the Council consider appropriate;

(b)for enabling a Medical Practitioners Tribunal to take any such undertakings into account;

(c)with respect to the procedure to be followed—

(i)where there is a breach of any such undertakings, or

(ii)where the General Council consider that any such undertakings should no longer apply and that a direction under section 35D should instead be given.

(2D)Rules making provision by virtue of sub-paragraph (2C)(c) may, make provision—

(a)for enabling or requiring a Medical Practitioners Tribunal to review whether the undertakings should continue to apply;

(b)for treating the requirements contained in the undertakings as if they were requirements specified in a direction given under section 35D(2)(c); and

(c)for enabling a Medical Practitioners Tribunal to give a direction under section 35D—

(i)where there is a breach of any such undertakings, or

(ii)where the General Council consider that any such undertakings should no longer apply.

(2E)For the purposes of sub-paragraph (2D), the rules may apply sections 35D and 35E with such modifications, and may make such consequential modifications of this Act, as the Council think fit; and accordingly where the rules make such provision, references in this Act to section 35D or 35E include a reference to that section as so applied.]

[F10(2F)Where rules made under this paragraph include provision under sub-paragraph (2A)(a), the Investigation Committee or such person as is by virtue of sub-paragraph (2B) exercising the function conferred by the provision must, in exercising the function, have regard to the over-arching objective.

(2G)Where rules made under this paragraph include provision under sub-paragraph (2C)(b), or provision under sub-paragraph (2C)(c) of the kind mentioned in sub-paragraph (2D), a Medical Practitioners Tribunal must, in exercising the function conferred by the provision, have regard to the over-arching objective.]

(3)Rules made under this paragraph in connection with the consideration by [F11an Interim Orders Tribunal or a Medical Practitioners Tribunal] of the making of an interim suspension order or an order for interim conditional registration under section 41A above, or in connection with the review of such an interim order, shall include provision—

(a)securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whom the proceedings relate;

(b)securing that a person in relation to whom an order has been made shall, if he so requires, be entitled to be heard by [F12the Tribunal] on each occasion on which they review the order;

(c)enabling the person in relation to whom the order has been made to be represented before [F12the Tribunal] by counsel or a solicitor, or (if the rules so provide and he so elects) by a person of such other description as may be specified in the rules;

(d)for service on the person to whom the proceedings relate of notice of any decision taken in relation to him by [F12the Tribunal]; and

(e)determining when proceedings before [F12the Tribunal] are to be held in public and when in private (including provision securing that they are to be held in public if the person to whom the proceedings relate so requests).

(4)Rules made under this paragraph in connection with any other proceedings before [F13a Medical Practitioners Tribunal] shall include provision—

(a)securing that notice that the proceedings are to be brought shall be given, at such time and in such manner as may be specified in the rules, to the person to whose registration the proceedings relate;

(b)securing that any party to the proceedings shall, if he so requires, be entitled to be heard by [F14a Tribunal];

(c)enabling any party to the proceedings to be represented before [F15the Tribunal] by counsel or a solicitor, or (if the rules so provide and the party so elects) by a person of such other description as may be specified in the rules;

(d)F16... for proceedings before [F14a Tribunal] to be held in public unless and to the extent that the rules provide otherwise; F17...

F17(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18(4A)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal may include provision for preliminary hearings.

(4B)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal which include provision with respect to the consequences of a failure to comply with those rules or with directions given by the Tribunal or a case manager appointed under paragraph 7A may, in particular—

(a)where the failure relates to the admission of evidence, enable the Tribunal to refuse to admit the evidence and enable a case manager appointed under paragraph 7A to direct the Tribunal to consider whether to admit the evidence;

(b)confer power on the Tribunal to draw adverse inferences;

(c)confer power on the Tribunal to award costs (or, in Scotland, expenses).

(4C)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for the award of costs (or, in Scotland, expenses) in a case where a party’s, or a party’s representative’s, conduct of the proceedings has been unreasonable.

(4D)Provision by virtue of sub-paragraph (4B)(c) or (4C) may, in particular, include—

(a)provision for assessment or taxation of costs (or, in Scotland, taxation of expenses);

(b)provision for a wasted costs order (or, in Scotland, wasted expenses order);

(c)provision requiring regard to be had to a party’s ability to pay;

(d)provision conferring on either party a right of appeal against an award of costs to the High Court (or, in Scotland, against an award of expenses to the Court of Session);

(e)provision for the enforcement of an award of costs (or, in Scotland, expenses) in the same manner as if the award had been made by order of the county court (or, in Scotland, by decree of the sheriff court or, in Northern Ireland, by order of a county court).]

[F19(4E)Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may contain such provisions as appear to the General Council expedient for securing that, where the chair of the Tribunal is a legally qualified person and the chair advises the Tribunal on any question of law as to evidence, procedure or any other matter specified in the rules, the chair shall either—

(a)so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or

(b)inform every such party or person of the advice that the chair has tendered, if the advice is tendered after the Tribunal have begun their deliberations, whether by including the advice in the Tribunal’s decision or by some other means,

and the rules may also contain such incidental and supplementary provisions as appear to the General Council expedient.

(4F)In sub-paragraph (4E), “legally qualified person” means a person who satisfies the criteria set under paragraph 7(1C) in relation to legal qualifications and legal experience.]

(5)Rules made under this paragraph shall specify the relevant date for the purposes of sections 35A and 35B of this Act.

(6)Before making rules under this paragraph the General Council shall consult such bodies of persons representing medical practitioners, or medical practitioners of any description, as appear to the General Council requisite to be consulted.

(7)Rules under this paragraph shall not come into force until approved by order of the Privy Council.

(8)The Privy Council may approve such rules—

(a)as submitted to them; or

(b)subject to such modifications as appear to them to be requisite.

(9)Where the Privy Council propose to approve rules under this paragraph subject to modifications, they shall—

(a)notify the General Council of the modifications they propose to make; and

(b)consider any observations which the General Council may make on the modifications.

F20(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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)

F16Words in Sch. 4 para. 1(4)(d) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(b)

F17Sch. 4 para. 1(4)(e) and preceding word omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(c)

F20Sch. 4 para. 1(10) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 57(1)(d)