The General Medical Council (Fitness to Practise Committees) Rules Order of Council 2000

(a) in paragraph (1) the words "and to paragraph (1A) below" shall be inserted after "13(2)", and the following shall be substituted for sub-paragraph (a) - 


" (a) a Chairman who shall be the President or, if he chooses not to act in this capacity, some other member of the Council appointed by the President; and";



(b) the following paragraph shall be inserted immediately after paragraph (1) - 

    " (1A) A person may not be a member of the Preliminary Proceedings Committee if - 


(a) he is a medical screener appointed under paragraph (2) of rule 4 of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988[4] or a lay member appointed under paragraph (5) of that rule; or

(b) he is appointed under rule 5(2) or (3) of the General Medical Council Health Committee (Procedure) Rules 1987[5] to undertake the initial consideration of cases under Part II of those Rules."; and



(c) for paragraph (2) there shall be substituted - 

    " (2) The President shall appoint one of the members specified in paragraph (1)(b) to be the Deputy Chairman of the Committee, and any function of the Chairman shall in his absence be performed by the Deputy Chairman.

    (2A) Appointments by the President under sub-paragraph 1(a) and paragraph (2) of this rule shall be subject to approval by the Council.".

    (3) In rule 6(1) (composition of Assessment Referral Committee) the words "and to paragraph (1A) below" shall be inserted after "13(2)" and the following paragraph shall be inserted immediately after paragraph (1) - 

    " (1A) A person may not be a member of the Assessment Referral Committee if he is a medical screener appointed under paragraph (1) of rule 3 of the General Medical Council (Professional Performance) Rules 1997[6] or if he is a lay screener appointed for the purposes of rule 5(6), (7) and (8) of those Rules.".

    (4) The following rule shall be substituted for rule 10 (elections to Committees) - 

    " 10. At the annual elections of the Committees the results of the election of the Committees shall be determined in the following order - 


(a) the election of the Professional Conduct Committee;

(b) the election of the Preliminary Proceedings Committee;

(c) the election of the Health Committee;

(d) the election of the Assessment Referral Committee;

(e) the election of the Committee on Professional Performance.".

    (5) In rule 12 (disqualification from adjudication) after "fitness to practice committees" insert "or of the Interim Orders Committee".

    (6) In rule 13 (filling of vacancies) the following paragraph shall be substituted for paragraph (2) - 

    " (2) If at any time there are insufficient medical members or lay members available to sit on any of the fitness to practice committees, the Committee in question may co-opt any person (whether or not a member of the Council) who would not be disqualified from adjudication under rule 12 of these Rules.".

Amendments to the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988
    3. - (1) The General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 shall be amended as follows.

    (2) In rule 2 (interpretation) - 

(a) in paragraph (1) - 


(i) the following definition shall be inserted in the appropriate place - 


    " "medical screener" means any medical member of the Council appointed under rule 4(2);",


(ii) in the definition of "the President" all the words following "Council" shall be omitted; and



(b) the following paragraph shall be inserted after paragraph (1) - 

    " (1A) Any reference to a direction given under rule 37, or to the exercise of powers under that rule, by the Chairman of the Preliminary Proceedings Committee shall in relation to a case where such a direction was given or such powers exercised before 3rd August 2000 be read as a reference to a direction given or powers exercised by the President.".

    (3) In rule 4(1)(a) for "medical member of the Council appointed under this rule" there shall be substituted "medical screener appointed by the Council under paragraph (2)".

    (4) For rule 4(2), (3) and (4) (appointment of medical screeners) there shall be substituted - 

    " (2) The Council shall appoint to act as medical screeners for the purposes of these Rules - 


(a) the President, unless he proposes to sit on the Preliminary Proceedings Committee, the Professional Conduct Committee or the Health Committee or for any other reason he does not wish to undertake the initial consideration of cases under these Rules; and

(b) such other medical members of the Council as the President shall nominate.".

    (5) In rule 4(5) for "a lay member" there shall be substituted "lay members" and for "him, or any medical members of the Council appointed under this rule" there shall be substituted "any medical screener".

    (6) In rule 4(6) (authorised person to act in place of President) for "these Rules" there shall be substituted "this rule".

    (7) The following rule shall be substituted for rule 5 (allegations as to convictions) - 

    " 5. - (1) Where information in writing is received by the Registrar from which it appears to him that a practitioner has been convicted of a criminal offence in the British Isles or has been convicted of an offence elsewhere which, if committed in England or Wales would constitute an offence, and the offence is not of a description excepted from this rule by or under a direction of the Preliminary Proceedings Committee, the Registrar shall submit the case to the medical screener.

    (2) Unless the case is dealt with under the Health Committee (Procedure) Rules in pursuance of the proviso to rule 7 of these Rules, the medical screener shall refer every case submitted to him under this rule to the Preliminary Proceedings Committee.

    (3) Where a case is referred to the Preliminary Proceedings Committee under this rule, the Registrar shall give written notice to the practitioner - 


(a) that the information referred to in paragraph (1) has been received;

(b) that the case has been referred to the Preliminary Proceedings Committee and of the date of the meeting of the Committee to which the case is referred,


and shall invite the practitioner to submit any observations which he may wish to offer.

    (4) The Registrar shall submit to the Preliminary Proceedings Committee any observations or evidence furnished by the practitioner under this rule or rule 7.".

    (8) In rule 6 (allegations as to professional misconduct) - 

(a) in paragraph (1) for the words "the President", there shall be substituted the words "a medical screener";

(b) in paragraph (2) - 


(i) the words "or affidavits" and "or affidavit" shall be omitted, and

(ii) for the words "proceed further" and "the President" there shall be substituted the words "be referred to the Preliminary Proceedings Committee" and "the medical screener" respectively; and



(c) for paragraphs (3) and (4) there shall be substituted - 

    " (3) The medical screener shall refer to the Preliminary Proceedings Committee every case submitted to him under this rule unless - 


(a) he decides that a question as to whether the practitioner's conduct constitutes serious professional misconduct does not arise, and a lay member appointed under rule 4(5) agrees; or

(b) statutory declarations have not been furnished as required by paragraph (2); or

(c) the case is dealt with under the Health Committee (Procedure) Rules in pursuance of the proviso to rule 7 of these Rules.



    (4) Where the medical screener refers a case to the Preliminary Proceedings Committee under this rule he shall direct the Registrar to give written notice to the practitioner - 



(a) notifying him of the receipt of a complaint or information and stating the matters which appear to raise a question as to whether the conduct of the practitioner constitutes serious professional misconduct;

(b) forwarding a copy of any statutory declaration furnished under paragraph (2);

(c) informing the practitioner of the date of the meeting of the Preliminary Proceedings Committee to which the case is referred; and

(d) inviting the practitioner to submit any explanation which he may have to offer.



    (5) Where a case is referred to the Preliminary Proceedings Committee under this rule, the medical screener shall submit to the Committee any statutory declaration, information, explanation or other evidence furnished under this rule or rule 7 which relates to the case.

    (6) In any case where the medical screener decides not to refer a case to the Preliminary Proceedings Committee, the practitioner and the person from whom the complaint or information was received shall be informed but shall have no right of access to any document relating to the case submitted to the Council by any other person.".

    (9) In rule 7 (furnishing evidence of fitness to practise) for the words "the President", in each place, there shall be substituted the words "the medical screener".

    (10) In rule 8 - 

(a) for "Preliminary Proceedings Committee" in the heading to the rule and in the first place where those words occur in the rule, there shall be substituted "Interim Orders Committee";

(b) for "President" in the first place where the word occurs, there shall be substituted "medical screener";

(c) for "section 42(3)" there shall be substituted "section 41A[7]"; and

(d) for the words from "the President" in the second place where those words occur to the end of the rule there shall be substituted "he shall refer the case to the Interim Orders Committee".

    (11) In rule 9 for "letter" there shall be substituted "notice" and for "5(1), 6(3) or 8" there shall be substituted "5(3), 6(4) or 8".

    (12) Rule 10 (references to Preliminary Proceedings Committee) shall be omitted.

    (13) In rule 11 (determinations by the Preliminary Proceedings Committee) - 

(a) in paragraph (1) for "rule 10" there shall be substituted "Part II of these Rules";

(b) in paragraph (2) the words "Preliminary Proceedings" shall be omitted;

(c) in paragraph (3) for "the President" there shall be substituted "the Chairman of the Committee", and

(d) after paragraph (5) there shall be added - 

    " (6) The Committee shall not consider any case relating to the conduct of a practitioner and referred to the Committee under rule 6 before the expiry of the period of 28 days beginning with the date of despatch of the notice given to the practitioner under rule 6(3) unless the practitioner consents."

    (14) For rule 12 there shall be substituted - 

" Referral to Interim Orders Committee
    12. If in any case it appears to the Committee that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act, the Committee shall refer the case to the Interim Orders Committee.".

    (15) In rule 13(2) (President may direct that the case be referred or not be referred to the Conduct Committee) - 

(a) for "the President", in the first and second place where the words occur, there shall be substituted "the Chairman of the Committee", and for "the President", in the third place where the words occur, there shall be substituted "the Chairman"; and

(b) in sub-paragraph (b) the words "shall notify the members of the Preliminary Proceedings Committee, and" shall be omitted.

    (16) In rule 14 (fresh allegations as to conviction or conduct) - 

(a) for the words "Notwithstanding anything in the foregoing rules," there shall be substituted the words "(1) This rule applies";

(b) in sub-paragraph (b)(i) for "need" there shall be substituted "is to", and for the words "the President" there shall be substituted the words "under rule 6(3)(a) or (d) the medical screener"; and

(c) for all the words following sub-paragraph (b)(ii) there shall be substituted - 

" and the Registrar, at any time within the two years following that determination or decision, receives information that the practitioner has been convicted in the British Isles of a criminal offence or has been convicted of an offence elsewhere which, if committed in England or Wales, would constitute an offence or receives information or a complaint as to the practitioner's conduct.

    (2) Where this rule applies, the medical screener may direct that the original conviction, information or complaint be referred, or referred again, to the Committee, as well as the later conviction, information or complaint.

    (3) In any case where the decision under paragraph (1)(b)(i) was made before 3rd August 2000, the reference there to the medical screener shall be read as a reference to the President.".

    (17) In rule 18(1) (postponement of inquiry) for "the President", there shall be substituted "the Chairman of the Preliminary Proceedings Committee".

    (18) In rule 19(1) (cancellation of inquiry) for "the President", in the first place where the words occur and in the proviso, there shall be substituted "the Chairman of the Preliminary Proceedings Committee", and for "the President so directs" there shall be substituted "the direction is given".

    (19) In rule 22 (amendment of charges before inquiry starts) for "the President" there shall be substituted - 

(a) where it first occurs in sub-paragraph (1), "the Chairman of the Preliminary Proceedings Committee ("the Chairman")", and

(b) wherever else occurring, "the Chairman".

    (20) After rule 22 there shall be inserted - 

" Referral to Interim Orders Committee by Professional Conduct Committee
    22A. If in any case (whether relating to conviction or conduct) it appears to the Professional Conduct Committee that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act, the Professional Conduct Committee shall refer the case to the Interim Orders Committee.".

    (21) In rule 33, for "that Committee" there shall be substituted "the Interim Orders Committee".

    (22) In rule 33A(1) - 

(a) for "that Committee" there shall be substituted "the Interim Orders Committee";

(b) in sub-paragraph (c) - 


(i) after "public" in the first place where that word occurs there shall be inserted "or is otherwise in the public interest"; and

(ii) after "public" in the second place where that word occurs there shall be inserted "or otherwise in the public interest"; and



(c) in sub-paragraph (d), after "public" there shall be inserted "or is otherwise in the public interest or is in the interests of the practitioner".

    (23) In rule 37 (directions for resumed hearing) - 

(a) for paragraph (1) there shall be substituted - 

    " (1) Paragraph (2) applies where the Committee - 


(a) have determined that the registration of a practitioner shall be suspended or be subject to conditions for a specified period, but

(b) have given no intimation under rule 31(5).



    (2) If it appears to the Chairman of the Preliminary Proceedings Committee ("the Chairman"), as a consequence of the receipt during that specified period of information as to the conduct or a conviction of the practitioner since the date of the direction to give effect to the determination, that the Professional Conduct Committee should consider whether or not - 



(a) the period of suspension or conditional registration should be extended; or

(b) the conditions should be varied or revoked; or

(c) the name of the practitioner should be erased from the Register



he shall direct the Solicitor to notify the practitioner that the Professional Conduct Committee will resume consideration of the case at such meeting as the Chairman shall specify.";

(b) for "the President" wherever occurring in paragraphs (2) and (3) there shall be substituted "the Chairman"; and

(c) in paragraph (4) for "the President has given a direction" there shall be substituted "a direction has been given".

    (24) In rule 38(1)(a)(ii) and (2)(iii) for "the President" there shall be substituted "the Chairman of the Preliminary Proceedings Committee".

    (25) In rule 40(2) for "the President" there shall be substituted "the Chairman of the Preliminary Proceedings Committee".

    (26) Rule 46 (restoration applications: procedure) shall be renumbered rule 46(1) and - 

(a) in sub-paragraph (a) for "the President" there shall be substituted "the Chairman of the Professional Conduct Committee";

(b) in sub-paragraph (b) after "the Chairman" there shall be inserted the words "of the Committee", and for the words "since that time" there shall be substituted "since the date the Committee directed that the practitioner's name should be erased from the Register";

(c) sub-paragraph (c) shall be omitted;

(d) in sub-paragraph (d) after "complaint" there shall be inserted "or information";

(e) after sub-paragraph (d) there shall be inserted - 


" (da) The Chairman shall next invite the applicant to address the Committee and, if he so desires, to adduce evidence as to his good character, his professional competence and his health since the date the Committee directed his name should be erased from the Register, and if any observations are received under sub-paragraph (d), the applicant shall have the right to address the Committee in response to those observations.

(db) where an application is a second or subsequent application during the same period of erasure the Chairman shall invite the applicant to address the Committee on the question of whether his right to make further applications should be suspended indefinitely."; and



(f) after paragraph (1) there shall be added - 

    " (2) There shall be three stages in the Committee's determination of an application for restoration to the register.

    (3) At the first stage, the Committee shall determine, having regard to - 


(a) the reasons why the applicant's name was erased from the Register;

(b) the application for restoration;

(c) the applicant's conduct since his name was erased from the register; and

(d) the representations made to the Committee under paragraph (1)



whether, subject to satisfying the Committee as to his good character, professional competence and health, the applicant's name should be restored to the register.

    (4) If the Committee determine under paragraph (3) that the applicant's name should not be restored to the register the Committee shall determine the application accordingly but, if not, the case shall proceed to the second stage.

    (5) At the second stage, the Committee shall determine what assessment the applicant should undergo for the purpose of satisfying the Committee as to his good character, professional competence and health and shall order accordingly.

    (6) The person who carries out the assessment of the applicant's character, professional competence and health shall report his findings in writing to the Committee.

    (7) At the third stage, the Committee shall consider the report of the assessment of the applicant's fitness to practise and determine whether the applicant's name should be restored to the register.".

    (27) In rule 49(1) for "the President" there shall be substituted "the Chairman of the Preliminary Proceedings Committee".

    (28) In rule 51(2) for "the President" there shall be substituted "the Chairman of the Preliminary Proceedings Committee".

    (29) In rule 52(2) (President's casting vote in Preliminary Proceedings Committee) for "the President" there shall be substituted "the Chairman of that Committee".

    (30) In rule 52(3) (voting in Professional Conduct Committee) after the first "Committee" there shall be inserted - 

" (a) the Committee shall dismiss an application under rule 46 unless a majority of the votes of those present at the hearing are in favour of allowing the application;

(b) the Committee shall dismiss a submission under rule 27(1)(e) unless a majority of the votes of those present at the hearing are in favour of allowing the submission; and

(c) in any other case"

and at the end of the paragraph there shall be inserted - 

" The amendments made by this paragraph shall not apply in relation to any proceedings before the Professional Conduct Committee which were begun before 3rd August 2000.".

    (31) In rule 55 (notes and transcripts of proceedings) - 

(a) in paragraph (2) the words "and on payment of the proper charges" shall be omitted; and

(b) after paragraph (2) there shall be added - 

    " (3) Paragraphs (1) and (2) do not apply to the deliberations of the Committee."

    (32) Paragraph 5 of Schedule 1 to the Rules shall be omitted.

Amendments to the General Medical Council Health Committee (Procedure) Rules 1987
    4. - (1) The General Medical Council Health Committee (Procedure) Rules 1987[8] shall be amended as follows.

    (2) In rule 5 after paragraph (4) there shall be added - 

    " (5) No person shall be authorised under paragraph (4) to exercise the functions of the President under rule 4(1)(b) of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 if he is a member of the Preliminary Proceedings Committee."

    (3) In rule 8(2) after "Preliminary Proceedings Committee" there shall be inserted "Interim Orders Committee".

    (4) In rule 9(3), for "Preliminary Proceedings Committee" there shall be substituted "Interim Orders Committee".

    (5) In rule 10 - 

(a) in the heading to the rule and in paragraph (1), for "Preliminary Proceedings Committee" there shall be substituted "Interim Orders Committee";

(b) in paragraph (1), the words from "either" to "if he is himself that person" shall be omitted; and

(c) paragraph (2) shall be omitted.

    (6) In Part III, before rule 12, there shall be inserted - 

" Referral to Interim Orders Committee
    11A. If in any case it appears to the Committee that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act, the Committee shall refer the case to the Interim Orders Committee.".

    (7) In rule 28(1) - 

(a) for "that Committee" there shall be substituted "the Interim Orders Committee";

(b) in sub-paragraph (c) - 


(i) after "public" in the first place where that word occurs there shall be inserted "or is otherwise in the public interest", and

(ii) after "Public" in the second place where that word occurs there shall be inserted "or is otherwise in the public interest", and



(c) in sub-paragraph (d), after "public" there shall be inserted "or is otherwise in the public interest or is in the interests of the practitioner".

Amendment of the General Medical Council (Professional Performance) Rules 1997
    5. - (1) The General Medical Council (Professional Performance) Rules 1997[9] shall be amended as follows.

    (2) After rule 2 there shall be inserted - 

" PART 1A
REFERRAL TO THE INTERIM ORDERS COMMITTEE
Referral to Interim Orders Committee
    2A. If in any case it appears to the medical screener, the case co-ordinator, the Assessment Referral Committee or the Committee on Professional Performance that the circumstances are such that the Interim Orders Committee may wish to make an interim suspension order or an order for interim conditional registration under section 41A(1) of the Act, the person or Committee considering the case shall refer the case to the Interim Orders Committee.".

    (3) After paragraph 2 of Schedule 3 there shall be inserted - 

" Interim suspension orders or orders for interim conditional registration
    2A - (1) Where an interim suspension order or an order for interim conditional registration made by the Interim Orders Committee is in force, the Committee may - 


(a) revoke the order;

(b) revoke or vary any condition imposed by the order;

(c) if satisfied that it is necessary for the protection of members or the public or is otherwise in the public interest or in the interests of the practitioner, make an order that the practitioner's registration shall be conditional on his compliance, during such period as the Committee may specify, with such requirements as the Committee may think fit to impose for the protection of members of the public or otherwise in the public interest or in the interests of the practitioner; or

(d) if satisfied that to do so is necessary for the protection of members of the public or is otherwise in the public interest or in the interests of the practitioner, make an order that the practitioner's registration shall be suspended for such period as they may specify in the order.



    (2) When considering whether to make an order under this rule the Committee may invite the Solicitor to address them.

    (3) No order may be made under this rule unless the practitioner has been afforded an opportunity of appearing before the Committee and being heard on the question whether such an order should be made in his case; and for this purpose the practitioner may be represented before the Committee as provided in paragraph 7 of Schedule 1 and may also be accompanied by his medical advisor.

    (4) Any order made under paragraph (1)(c) or (d) shall specify a period not exceeding three months.

    (5) Any order made under paragraph (1) shall be notified to the practitioner by the Registrar forthwith and in accordance with the requirements of rule 31.".

Given under the official seal of the General Medical Council this


twelfth day of July 2000

L.S.

Sir Donald Irvine
President

[2] 1983 c. 54. Part III of Schedule 1 was amended by article 15 of the Medical Act 1983 (Amendment) Order 2000 (S.I. 2000/1803) ("the Order"). Paragraph 1 of Schedule 4 was amended by paragraphs 15 and 16 of the Schedule to the Medical (Professional Performance) Act 1995 (c. 51) and article 16 of the Order.back

[3] S.I. 1996/2125.back

[4] S.I. 1988/2255; amended by rules appended to S.I. 1989/656, 1990/1587, 1994/3298, 1996/1218 and 1997/1529.back

[5] S.I. 1987/2174; amended by rules appended to S.I. 1996/1219 and S.I. 1997/1529.back

[6] S.I. 1997/1529.back

[7] Section 41A was inserted by article 10 of the Medical Act 1983 (Amendment) Order 2000.back

[8] S.I. 1987/2174 amended by rules appended to S.I. 1996/1219 and S.I. 1997/1529.back

[9] S.I. 1997/1529.back

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