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The General Medical Council (Legal Assessors and Legally Qualified Persons) Rules Order of Council 2015

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves the General Medical Council (Legal Assessors) Rules 2015 (“the Rules”) which have been made by the General Medical Council and are contained in the Schedule to the Order.

Rule 2 sets out the functions of a legal assessor. They are, essentially, to advise a Registration Appeals Panel, an Interim Orders Tribunal, a Medical Practitioners Tribunal, or as the case may be, the Investigation Committee on questions of law relating to the evidence or procedure in proceedings and to advise on the drafting of decisions by those bodies.

Rule 3 provides that a Registration Appeals Panel, an Interim Orders Tribunal, a Medical Practitioners Tribunal, or as the case may be, the Investigation Committee cannot hold any meeting or hearing in cases where a legal assessor has been appointed unless that assessor is present.

Rule 4 establishes a general rule that the advice of a legal assessor must be given in the presence of the parties to the proceedings or their representatives. It also provides an exception to that rule.

Rule 5 deals with the situation where a legal assessor tenders advice outside a hearing and that advice is not accepted by a Registration Appeals Panel, an Interim Orders Tribunal, a Medical Practitioners Tribunal, or as the case may be, the Investigation Committee. In such cases it requires the advice to be recorded and for copies of it to be available to the parties to the proceedings or their representatives.

Rule 6 deals with the situation where a legal assessor has not been appointed at a hearing before an Interim Orders Tribunal or a Medical Practitioners Tribunal and advice has been tendered by a legally qualified person.

Rule 7 revokes the General Medical Council (Legal Assessors) Rules 2004 and the General Medical Council (Legal Assessors) (Amendment) Rules 2005.The Order also revokes the Orders of the Privy to which those Rules were Scheduled.

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