PART 3

The General Medical Council: over-arching objective

The over-arching objective
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1
In section 1 of the Medical Act (the GMC: constitution etc.), for subsection (1A) substitute—
1A
The over-arching objective of the General Council in exercising their functions is the protection of the public.
1B
The pursuit by the General Council of their over-arching objective involves the pursuit of the following objectives—
a
to protect, promote and maintain the health, safety and well-being of the public,
b
to promote and maintain public confidence in the medical profession, and
c
to promote and maintain proper professional standards and conduct for members of that profession.
2
In section 34H(2) of that Act (objectives of GMC in establishing standards of postgraduate medical education and training) , for “that required by section 1(1A)” substitute “the over-arching objective”.
3
In section 35C of that Act (functions of the Investigation Committee) , after subsection (6) insert—
6A
In deciding whether to give a warning under subsection (6), the Investigation Committee must have regard to the over-arching objective.
4
In section 35E of that Act (provisions supplementary to section 35D) , after subsection (3) insert—
3A
In exercising a function under section 35D, a Medical Practitioners Tribunal must have regard to the over-arching objective.
5
In section 41 of that Act (restoration of names to the register) , after subsection (11) insert—
12
In exercising a function under this section, a Medical Practitioners Tribunal must have regard to the over-arching objective.
6
In section 44 of that Act (effect of disqualification in another relevant European State on registration in UK) , after subsection (5) insert—
5A
In deciding whether to give a direction under subsection (5)(a), a Medical Practitioners Tribunal must have regard to the over-arching objective.
7
In paragraph 23D of Schedule 1 to that Act (overriding objective of GMC in making rules about constitution of MPTS and Tribunals) (inserted by article 4(4)), at the end insert “; and where the General Council consider that there is a conflict between meeting the objective under this paragraph and the over-arching objective, they must give priority to meeting the objective under this paragraph.”
8
In paragraph 1 of Schedule 4 to that Act (fitness to practise proceedings: procedure, evidence etc.) , after sub-paragraph (1A) (inserted by article 7) insert—
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).
9
In that paragraph, after sub-paragraph (2E) (inserted by article 9(1)) insert—
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.
10
In paragraph 5A of that Schedule (professional performance assessments and health assessments) , after sub-paragraph (3G) (inserted by article 10(5)) insert—
3H
In deciding whether to give a direction under sub-paragraph (3D), a Medical Practitioners Tribunal must have regard to the over-arching objective.
11
In paragraph 5C of that Schedule (knowledge of English assessments) , after sub-paragraph (4) insert—
4A
In deciding whether to give a direction under sub-paragraph (4), a Medical Practitioners Tribunal must have regard to the over-arching objective.
12
In section 55 of the Medical Act, after subsection (1) insert—
1A
References in this Act to the over-arching objective are to the over-arching objective of the General Council under section 1(1A) (read with section 1(1B)).
Subsection (1A) of section 1 was inserted by S.I. 2002/3135.
Section 34H was inserted by S.I. 2010/234.
Section 35C was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914, S.I. 2008/1774, S.I. 2008/3131 and S.I. 2014/1101.
Section 35E was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914 and S.I. 2014/1101.
Section 41 was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.
Section 44 was substituted by S.I. 2002/3135 and amended by S.I. 2007/3101.
Paragraph 1 of Schedule 4 was amended by S.I. 2006/1914.
Paragraph 5A of Schedule 4 was amended by S.I. 2014/1011.
Paragraph 5C of Schedule 4 was inserted by S.I. 2014/1011.