SCHEDULE
THE GENERAL MEDICAL COUNCIL (CONSTITUTION OF FITNESS TO PRACTISE COMMITTEES) RULES 1996
The General Medical Council, in exercise of their powers under paragraphs 20, 21, 21A, 21B and 22 of Schedule 1 to the Medical Act 1983, hereby made the following Rules:-
Citation and Commencement
1. These Rules may be cited as the General Medical Council (Constitution of Fitness to Practise Committees) Rules 1996 and shall come into force-
(a) for the purposes of rules 2, 8(1) and (4), 9, 10, 11 and 16(1) on 1st September 1996; and(b) for all other purposes on 1st January 1997.Interpretation
2. In these Rules, unless the context otherwise requires:
"the Council" means the General Medical Council;
"elected member" and "appointed member" have the meanings assigned to them by section 55 of the Medical Act 1983;
"fitness to practise committees" means the Preliminary Proceedings Committee, the Professional Conduct Committee, the Health Committe, the Assessment Referral Committee, and the Committee on Professional Performance;
"general election year" means any year in which there is a general election of elected members of the Council;
"lay member" means a nominated member (within the meaning of section 55 of the Medical Act 1983) who is neither fully registered nor the holder of any qualification registrable under the Medical Act 1983;
"medical member" means an elected member or an appointed member;
"the President" means the President of the Council.
PRELIMINARY PROCEEDINGS COMMITTEE
Composition of the Preliminary Proceedings Committee
3.-(1) Subject to the provisions of rule 13(2) the Preliminary Proceedings Committee shall consist of seven members who shall comprise:
(a) a Chairman, who shall be the President or, if the President chooses not to act in this capacity, the member appointed by the Council under rule 4(3) of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988 to undertake the initial consideration of cases under those Rules;(b) six other members, who shall be elected by the Council in accordance with rules 8(1) and (4), 9, 10 and 11 of these Rules, so that the total membership comprises four elected members, one appointed member and two lay members.(2) If at any meeting the Chairman is not able to take the chair, the President may appoint another member of the Committee, present at the commencement of the meeting, to chair the whole or (as the case may be) the remaining part of it.
(3) The quorum shall be five, and shall include at least one lay member.
PROFESSIONAL CONDUCT COMMITTEE
Composition of the Professional Conduct Committee
4.-(1) Subject to the provisions of rule 13(2) the Professional Conduct Committee shall consist of thirty members who shall comprise:
(a) the President or, if he chooses not to sit as a member of the Committee during any year, some other member of the Council appointed by him;(b) two members of the Council appointed by the President;(c) twenty seven other members, who shall be elected by the Council in accordance with rules 8(1) and (4), 9, 10 and 11 of these Rules, so that the total membership comprises sixteen elected members, seven appointed members and seven lay members.(2) The member specified in sub-paragraph (1)(a) of this rule shall be the Chairman of the Committee and the members specified in sub-paragraph (1)(b) shall be the Deputy Chairman, either one of whom shall take the chair at the hearing of any case in the absence of the Chairman.
(3) Appointments by the President under sub-paragraphs (1)(a) and (1)(b) of this rule shall be subject to the approval of the Council.
(4) If, on the hearing of a case, neither the Chairman nor one of the Deputy Chairmen is able to take the chair, the President may appoint another member of...
