The General Medical Council (Miscellaneous Amendments) Order of Council 2017

• Citation: S.I. 2017/1049
• Sections: 17

Section 1 Citation and commencement

(1) This Order may be cited as the General Medical Council (Miscellaneous Amendments) Order of Council 2017 and comes into force on 30th November 2017.

Section 2 Privy Council approval

Their Lordships, having taken the Rules in the Schedule into consideration, are pleased to and do approve them.

Section 1 Citation and commencement

These Rules may be cited as the General Medical Council (Miscellaneous Amendments) Rules 2016 and come into force on 30th November 2017.

Section 2 Amendments to the General Medical Council (Fitness to Practise) Rules 2004

The General Medical Council (Fitness to Practise) Rules 2004 are amended in accordance with rules 3 to 14.

Section 3 Amendment of rule 2

In rule 2 (interpretation) , in the definition of “Assessment Team”, omit “three or more”.

Section 4 Amendment of rule 17

Rule 17 (procedure before a Medical Practitioners Tribunal) is amended as follows—

(a) in paragraph (3), for “General Medical Council” substitute “General Council”;

(b) for paragraph (5)(b)(ii), substitute—

(ii) any person from whom the practitioner is seeking such employment or with whom the practitioner is seeking to enter into such an arrangement , and

(c) in paragraph (9), for “makings”, substitute “making”.

Section 5 Amendment of rule 17ZA

In rule 17ZA(procedure at a non-compliance hearing) , before “the order” omit “(1)”.

Section 6 Amendment of rule 18

In paragraph 2 of rule 18 (application of Part 5), for “37A(3)” substitute “37A(5)”.

Section 7 Amendment of rule 20

In rule 20 (notice) —

(a) in paragraph (1), for “20” substitute “28”;

(b) omit paragraph (2).

Section 8 Amendment of rule 22

In rule 22 (procedure at review hearing) —

(a) for paragraph (4)(b)(ii), substitute—

(ii) any person from whom the practitioner is seeking such employment or with whom the practitioner is seeking to enter into such an arrangement , and

(b) in paragraph (5)(b), for “a direction” substitute “an order”.

Section 9 Amendment of rule 22A

In rule 22A (procedure at a non-compliance review hearing) —

(a) before “the order” omit “(1)”;

(b) for paragraph (1)(g), substitute—

(g) the Medical Practitioners Tribunal may receive further evidence and hear further submissions from the parties as to its decision whether to make a direction under section 35D(5), (6), (8), (10) or (12) of the Act;

(c) in paragraph (1)(i), for “a direction”, substitute “an order”.

Section 10 Amendment of rule 26

In rule 26 (notice) , before “Prior to” omit “(1)”.

Section 11 Amendment of rule 27

In paragraph (4) of rule 27 (procedure at an interim orders hearing) —

(a) for sub-paragraph (b)(ii), substitute—

(ii) where the practitioner is not present, require the representative for the GMC to confirm the practitioner’s name and GMC Reference Number;

(b) in paragraph (c), for “Interim Orders Panel” substitute “Interim Orders Tribunal”.

Section 12 Amendment of rule 28

In rule 28 (withdrawal of a matter) , for paragraphs (1) to (4) substitute—

(1) Where, after an allegation has been referred to the Committee and before the opening of the hearing before the Committee—

(a) a practitioner who has requested an oral hearing withdraws that request; or

(b) it appears to the Registrar for some other reason that the hearing should not be held,

the Registrar may refer the matter to a medical or lay Case Examiner for a decision as to whether or not the matter (or part of it) should be withdrawn.

(2) Where, after a matter has been referred to a Medical Practitioners Tribunal or Interim Orders Tribunal and before the opening of the hearing before the Tribunal, it appears to the Registrar that a matter (or part of it) should not be considered by a Medical Practitioners Tribunal or that an Interim Orders Tribunal should not consider making an order, the Registrar may refer the matter to a medical or lay Case Examiner for a decision as to whether the matter (or part of it) should be withdrawn.

(3) Where paragraph (1) or (2) applies, a Case Examiner may decide that—

(a) all or part of the matter referred to in that paragraph should be withdrawn; or

(b) in the case of a matter that has been referred to a Medical Practitioners Tribunal, other than a non-compliance matter, the matter should be referred for consideration by a medical and lay Case Examiner under rule 10 or 11.

(4) Where a decision is taken under paragraph (3) of this rule, the Registrar shall as soon as is reasonably practicable, serve notice in writing upon the practitioner and the maker of the allegation (if any), and shall give reasons for the decision in the notice.

Section 13 Amendment of rule 34

In paragraph (10) of rule 34 (evidence) , for “Panel” substitute “Tribunal”.

Section 14 Amendment of Schedule 1

In paragraph 1(2) of Schedule 1 (Performance Assessments) for “unless other specified” substitute “unless otherwise specified”.

Section 15 Amendments to the General Medical Council (Constitution) Order 2008

The General Medical Council (Constitution) Order 2008 is amended as follows—

(a) for article 5(1) (disqualification from appointment as a member), substitute—

(1) has in the course of proceedings concerning the person’s fitness to practise agreed to comply with undertakings, in accordance with rules under paragraphs 1(2A) to (2D) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Tribunals and Medical Practitioners Tribunals) and the undertakings continue to apply;

(b) for paragraph (g) of article 6(1) (removal of members from office), substitute—

(g) in the case of a registrant member, the member has in the course of proceedings concerning the member’s fitness to practise agreed to comply with undertakings, in accordance with rules under paragraphs 1(2A) to (2D) of Schedule 4 to the Act (procedure and evidence before the Investigation Committee, Interim Orders Tribunals and Medical Practitioners Tribunals);