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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The General Medical Council (Constitution of Panels and Investigation Committee) Rules Order of Council 2004 No. 2611 URL: http://www.bailii.org/uk/legis/num_reg/2004/20042611.html |
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Made | 4th October 2004 | ||
Laid before Parliament | 7th October 2004 | ||
Coming into force | 1st November 2004 |
Lists of panellists
3.
- (1) The General Council shall -
(b) remove from those lists the name of any person -
(2) A member of the General Council may act as a panellist on the Committee or a Registration Decisions Panel but shall not act as a panellist on a Panel and, accordingly, may not be appointed to the list at paragraph (1)(a)(i).
(3) A person shall not at any one time be included in both the lists maintained by the General Council under paragraph (1)(a).
Constitution of Panels
4.
- (1) Subject to rules 5(3) and 6, membership of a Panel shall comprise medical and lay panellists, whose names are included on the list maintained under rule 3(1)(a)(i), selected by the Registrar in accordance with paragraphs (3) and (4) and shall include at least one person whose name is included in the list maintained by the General Council under rule 5(1)(a)(i).
(2) Subject to rules 5(3) and 6, membership of the Committee or a Registration Decisions Panel shall comprise medical and lay panellists, whose names are included on the list maintained under rule 3(1)(a)(ii), selected by the Registrar in accordance with paragraphs (3) and (4) and shall include at least one person whose name is included in the list maintained by the General Council under rule 5(1)(a)(ii).
(3) No panellist shall act as a panellist on a Panel or the Committee or a Registration Decisions Panel for the substantive hearing of a case that he has previously considered or adjudicated upon in any other capacity.
(4) Nothing in paragraph (3) shall prevent a panellist sitting on proceedings before a FTP Panel from sitting on subsequent proceedings before a FTP Panel for the purposes of considering the same case at a review hearing or in relation to a restoration application.
Chairman
5.
- (1) The General Council shall -
(b) remove from the lists at sub-paragraph (a)(i) and (a)(ii) the names of any person removed from the lists at rules 3(1)(a)(i) and 3(1)(a)(ii) respectively.
(2) The Registrar shall select a person to act as Chairman in respect of proceedings before -
from the list at paragraph (1)(a)(i) or (1)(a)(ii) respectively.
(3) If the Chairman selected under paragraph (2) is unavailable for the whole or part of any proceedings, then the Chairman or the Registrar may appoint another panellist, present at the commencement of the proceedings, to act as Chairman for the whole or part of the hearing, as appropriate.
Quorum
6.
The quorum of a Panel or the Committee shall be three panellists, which shall include -
Validity of proceedings
7.
The validity of any proceedings of a Panel or the Committee shall not be affected by any defect in the appointment of a panellist.
Given under the official seal of the General Medical Council this 15th day of September 2004
Professor Sir Graeme Catto
President
[2] Paragraph 24 was inserted into the Act by S.I. 2002/3135.back
[3] 1983 c. 54; as amended by S.I. 2002/3135.back