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

Constitution of Panels, Tribunals and the Committee

5.—(1) Membership of a Registration Appeals Panel must—

(a) comprise medical and lay panellists selected by the Registrar in accordance with paragraphs (4) and (5) from the list maintained under rule 3(1)(a); and

(b) include at least one person whose name is included in the list maintained under rule 6(1)(a).

This is subject to rules 6(8) and 7.

(2) Membership of the Committee or a Registration Panel must—

(a) comprise medical and lay panellists selected by the Registrar in accordance with paragraphs (4) and (5) from the list maintained under rule 3(1)(b), and

(b) include at least one person whose name is included in the list maintained under rule 6(1)(b).

This is subject to rules 6(9) and 7.

(3) Membership of a Tribunal must—

(a) comprise medical and lay members selected by the MPTS in accordance with paragraphs (4) and (5) from a list maintained under rule 4(1)(a), and

(b) include at least one person whose name is included in the list maintained by the MPTS under rule 6(4).

This is subject to rules 6(9) and 7.

(4) A panellist or Tribunal member cannot act as a panellist or Tribunal member (as the case may be) on a Panel, a Tribunal or the Committee for the substantive hearing of a case that that panellist or member has previously considered, or adjudicated upon, in any other capacity.

(5) Nothing in paragraph (4) is to prevent—

(a) a Tribunal member who sat on a Medical Practitioners Tribunal in proceedings relating to the fitness to practise of any person from acting as a tribunal member on a subsequent Medical Practitioners Tribunal—

(i) in proceedings in which the Tribunal is to determine whether or not to make a direction under section 35D(5), (6), (8), (10) or (12)(1) of the Act relating to that person, or

(ii) in proceedings relating to an application for restoration of that person’s name to the register;

(b) a tribunal member who sat on an Interim Orders Tribunal in proceedings relating to a person from acting as a tribunal member on a subsequent Interim Orders Tribunal in proceedings in which the Tribunal is to review an order under section 41A(2) or (9)(2) of the Act in respect of that person.

(1)

Paragraphs (5), (6), (8), (10) and (12) of section 35D were substituted by article 13 of S.I. 2002/3135; amended by article 7 of S.I. 2014/1101 and by article 5 of S.I. 2015/794.

(2)

Paragraph (2) of section 41A was substituted by article 13 of S.I 2002/3135. Paragraphs (2) and (9) of section 41(A) were amended by article 6(4) of S.I. 2015/794.