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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2003 No. 1343

HEALTH CARE AND ASSOCIATED PROFESSIONS

DOCTORS

The General Medical Council Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules Order of Council 2003

  Made 5th June 2003 
  Laid before Parliament 10th June 2003 
  Coming into force 1st July 2003 

At the Council Chamber, Whitehall, the 5th day of June 2003

By the Lords of Her Majesty's Most Honourable Privy Council

Whereas the General Medical Council, in exercise of their powers under section 28 (2) and (5) of, and paragraphs 1 and 5 of Schedule 4 to, the Medical Act 1983[1], and of all other powers enabling them in that behalf, and having consulted, in so far as is required by paragraphs 1(4) and 5(3) of Schedule 4 to that Act, with such bodies of persons representing medical practitioners as appeared to them to be requisite, have made the General Medical Council Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules 2003, as set out in the Schedule to this Order:

     And whereas by section 28(6) of, and paragraphs 1(5) and 5(3) of Schedule 4 to, that Act such Rules shall not come into force until approved by Order of the Privy Council:

     Now, therefore, Their Lordships, having taken those Rules into consideration, are pleased to, and do hereby, approve them.

This Order may be cited as the General Medical Council Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules Order of Council 2003 and shall come into force on 1st July 2003.


A K Galloway
Clerk of the Privy Council


SCHEDULE

THE GENERAL MEDICAL COUNCIL FITNESS TO PRACTISE COMMITTEES AND REVIEW BOARD FOR OVERSEAS QUALIFIED PRACTITIONERS (AMENDMENT) RULES 2003


The General Medical Council in exercise of their powers under section 28(5) of, and paragraphs 1 and 5 of Schedule 4 to, the Medical Act 1983[
2], and of all other powers enabling them in that behalf, and having consulted, in so far as is required by paragraphs 1(4) and 5(3) of Schedule 4 to that Act, with such bodies of persons representing medical practitioners as appeared to them to be requisite, hereby make the following Rules: - 

Citation, commencement and interpretation
     1.  - (1) These Rules may be cited as the General Medical Council Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules 2003 and shall come into force on 1st July 2003.

    (2) In these Rules - 

Amendment of the Conduct Rules
     2. The Conduct Rules shall be amended as follows-

    (1) Where, after the Preliminary Proceedings Committee has referred a complaint or information or a conviction to the Committee for inquiry, it appears to the Chairman of the Preliminary Proceedings Committee (having taken into account any observations of any complainant obtained pursuant to paragraph (1A)) that the inquiry should not be held, he may, after consulting a quorum of the Committee and if they agree, direct that the inquiry shall not be held; and if at the time the direction is given no Notice of inquiry has been sent, rule 17 shall not have effect.

    (1A) In any case where there is a complainant the Registrar shall, before the Preliminary Proceedings Committee considers the case under paragraph (1), communicate or endeavour to communicate with the complainant with a view to obtaining the observations of the complainant as to whether the inquiry should be held."

Amendment of the Health Rules
     3. The Health Rules shall be amended as follows - 

Amendment of the Performance Rules
     4. The Performance Rules shall be amended as follows - 

Case co-ordinator
     7.  - (1) Where an Assessment Panel is to be constituted pursuant to directions given by either the Assessment Referral Committee or the Committee on Professional Performance or in circumstances specified in rule 6, a case co-ordinator shall - 

    (2) The Council shall appoint one or more doctors to act as case co-ordinators for the purposes of these Rules.".

Amendment of the Review Board Rules
     5. The Review Board Rules shall be amended as follows - 



Given under the official seal of the General Medical Council this


30th day of May 2003.

L.S.


Graeme Catto
President


EXPLANATORY NOTE

(This note is not part of the Order)


The Regulations approved by this Order make amendments to the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 ("the Conduct Rules"), the General Medical Council Health Committee (Procedure) Rules 1987 ("the Health Rules"), the General Medical Council (Professional Performance) Rules 1997 ("the Performance Rules") and the General Medical Council (Review Board for Overseas Qualified Practitioners) Rules 1978 ("the Review Board Rules"), which were all made by the General Medical Council ("GMC") and relate to the composition and procedures of the GMC's statutory committees.

The Conduct Rules are amended so that the Preliminary Proceedings Committee, rather than its Chairman, will have the power to confirm or reverse a provisional determination that a reference be made to the Professional Conduct Committee of the GMC (rule 2(b)), so that the views of complainants are to be taken into account before a decision is taken by the Preliminary Proceedings Committee that an inquiry should not be held (rule 2(c)), and so that Deputy Chairmen may stand in for the Chairman of the Preliminary Proceedings Committee (rule 2(d)). The Conduct Rules are also updated with consequential amendments arising out of the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations 2003 and the General Medical Council (Restoration and Fees Amendment) Regulations 2003. Parallel changes are made to the Health Rules and the Performance Rules (rules 3 and 4).

The Review Board Rules are updated so that the Conference of Postgraduate Medical Deans of the United Kingdom, rather than the Council for Postgraduate Medical Education in England and Wales, the Scottish Council for Postgraduate Medical Education, and the Northern Ireland Council for Postgraduate Medical Education, has a formal role in recommending appointments to the Review Board for Overseas Qualified Practitioners, and to reflect the fact that earlier consideration of cases will have been by a committee of the GMC rather than by the GMC. The composition of the Board is changed: none of the members now need be members of the GMC, and consequential changes are made to reflect this (rule 5(a) to (d)). In addition, rule 5(e) amends the Review Board Rules to provide an applicant with a right to request an oral hearing in any circumstances, and consequential changes are again made to reflect this (rule 5(f) and (g)).


Notes:

[1] 1983 c. 54; until article 6(11) of S.I. 2002/3135 comes into force, section 28(2)(b) of the Act applies as substituted by paragraph 3(2)(a) of Schedule 2 to S.I. 2002/3135. Paragraph 1 of Schedule 4 to the Act has been amended by paragraphs 15 and 16 of the Schedule to the Medical (Professional Performance) Act 1995 (c. 51) and by S.I. 2000/1803.back

[2] 1983 c. 54; until article 6(11) of S.I. 2002/3135 comes into force, section 28(2)(b) of the Act applies as substituted by paragraph 3(2)(a) of Schedule 2 to S.I. 2002/3135. Paragraph 1of Schedule 4 to the Act has been amended by paragraphs 15 and 16 of the Schedule to the Medical (Professional Performance) Act 1995 (c. 51) and by S.I. 2000/1803.back

[3] Appended to S.I. 1988/2255; amended by S.I. 1989/656, 1990/1587, 1994/3298, 1996/1218, 1997/1529, 2000/2034 and 2051, 2002/2572 and 2003/1340.back

[4] Appended to S.I. 1987/2174; amended by S.I. 1996/1219, 1997/1529, 2000/2034 and 2051, 2002/2572 and 2003/1340.back

[5] Scheduled to S.I. 1997/1529; amended by S.I. 2000/2034 and 2051, 2001/3730, 2002/2572 and 2003/1340.back

[6] Appended to S.I. 1979/29.back

[7] Scheduled to S.I. 2003/1342.back

[8] Scheduled to S.I. 2003/1341.back



ISBN 0 11 046393 5


 
© Crown copyright 2003
Prepared 17 June 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20031343.html