The General Medical Council (Constitution of Panels, Tribunals and Investigation Committee) Rules Order of Council 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order approves the General Medical Council (Constitution of Panels, Tribunals and Investigation Committee) Rules 2015 (“the 2015 Rules”) which have been made by the General Medical Council and are contained in the Schedule to the Order.

The 2015 Rules provide for the constitution of the following Panels, Tribunals and the Committee of the General Medical Council—

(a) Registration Panel and Registration Appeals Panel,

(b) Interim Orders Tribunal and Medical Practitioners Tribunal, and

(c) the Investigation Committee.

Rule 3 provides for the establishment of lists of medical and lay persons who are eligible to be Panel members. It also provides for their removal from such lists.

Rule 4 makes similar provision in relation to Tribunal membership.

Rule 5 provides for the constitution of Panels, Tribunals and the Committee.

Rule 6 provides for the appointment by the General Medical Council of the Chair of Panels and the Committee and for appointment by the MPTS of the Chair of Tribunals. It also makes provision for proceedings of Panels, Tribunals and the Committee to continue in the absence of the Chair.

Rule 7 provides that the quorum of panels, Tribunals and the Committee is to be 3. It also prevents Panels, Tribunals and the Committee from being composed exclusively by either lay or registrant members.

Rule 8 provides that the proceedings of Panels, Tribunals and the Committee are unaffected by certain specified defects.

Rule 9 revokes earlier Rules of the General Medical Council relating to the constitution of Panels and the Committee. This Order also revokes, where appropriate, the Orders of the Privy Council to which those Rules where Scheduled.

In making the 2015 Rules, the General Medical Council has given effect to the overriding objective of paragraph 23D of Schedule 1 to the Medical Act 1983 (c.54). That paragraph requires the General Medical Council when making rules with respect the constitution of Tribunals, to secure that the Tribunal deals with cases fairly and justly.