The General Medical Council (Registration Appeal Panels Procedure) (Amendment) Rules Order of Council 2009

SCHEDULE THE GENERAL MEDICAL COUNCIL (REGISTRATION APPEAL PANELS PROCEDURE) (AMENDMENT) RULES 2009

The General Medical Council, in exercise of its powers under paragraph 3(1) of Schedule 3B to the Medical Act 1983, and having consulted such bodies of persons representing medical practitioners and such medical practitioners as appeared to it requisite to be consulted pursuant to paragraph 3(8) of Schedule 3B to that Act, hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the General Medical Council (Registration Appeal Panels Procedure) (Amendment) Rules 2009 and shall come into force on 16 November 2009.

Consequential amendments

2.  In the General Medical Council (Registration Appeal Panels Procedure) Rules 2005(1)—

(1) In rule 2—

(a) for the definition of “appealable decision”, substitute the following: “means an appealable registration decision under paragraph 2 of Schedule 3A to the Act(2) (registration appeals), or a decision of a licensing authority described in sections 29F(1) and 29F(1A)(3)”; and

(b) for the words “registration number”, substitute “GMC Reference Number” and in the definition of that term, omit “relevant”.

(2) In rule 4(c), for “Registration Decisions Panel”, substitute “Registration Panel”.

(3) In rule 5(b)(i) and (ii), for “registration number”, substitute “GMC Reference Number”.

(4) For rule 11, substitute the following—

“11.— (1) Subject to paragraphs (2), (3) and (4) below, the Panel shall sit in public.

(2) The Panel shall deliberate in the absence of the parties.

(3) The Panel may of its own volition or upon the application of any witness or any of the parties exclude the public from any part of the proceedings provided it is satisfied that—

(a) a decision to exclude the public causes no prejudice to the appellant;

(b) the particular circumstances of the case outweigh the public interest in holding a public hearing; and

(c) the decision is made after hearing representations from the parties.

(4) The Panel may exclude from the whole or part of any hearing, any person whose conduct, in its opinion, has disrupted or is likely to disrupt proceedings.”.

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

Peter Rubin

Chair

Finlay Scott

Chief Executive and Registrar

(1)

Scheduled to SI 2005/400.

(2)

Schedule 3A was inserted by SI 2002/3135, article 8. Paragraph 1 was amended by SI 2006/1914, article 63, and SI 2007/3101, regulation 34.

(3)

Section 29F was inserted by SI 2002/3135, article 10.  Sub-section (1A) was inserted by SI 2006/1914, articles 2 and 68.