THE GENERAL MEDICAL COUNCIL (PROFESSIONAL PERFORMANCE) RULES 1997
THE GENERAL MEDICAL COUNCIL (PROFESSIONAL PERFORMANCE) RULES 1997
PART I
INTRODUCTION
Citation and commencement
These Rules may be cited as the General Medical Council (Professional Performance) Rules 1997 and shall come into force on 1st July 1997.
Interpretation
In these Rules, unless the context otherwise requires—
“the Act” means the Medical Act 1983;
“assessment” means an assessment of the standard of a practitioner’s professional performance;
“case co-ordinator” means the person appointed under rule 7;
“complaint” and “information” means a complaint or information which suggests that the standard of a doctor’s professional performance may have been seriously deficient;
“complainant” means a person by whom a complaint has been made to the General Council and includes the complainant in an earlier case taken into account under rule 4;
“Conduct Rules” means The General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules Order in Council 19883;
“the Council” means the General Medical Council or a Committee of the Council acting under delegated power;
“doctor” means a registered medical practitioner;
“Health Rules” means The General Medical Council Health Committee (Procedure) Rules Order of Council 19874;
“the Health Service Acts” means the National Health Service Act 19775, the National Health Service (Scotland) Act 19786, the National Health Service and Community Care Act 19907, the Health and Personal Social Services Northern Ireland Order 19728and the National Health Service (Primary Care) Act 19979, and a reference to those Acts is to be construed as a reference to them as they have effect on the making of these Rules and as amended subsequently;
“lay adviser” means a lay person who is a member of the Council and appointed by the Council for the purposes of rule 17(6), (7), (8) and (9) and rule 26(2);
“lay person” means a person who is not and never has been a doctor;
“lay screener” means a lay person who is a member of the Council and appointed by the Council for the purposes of rule 5(6), (7) and (8) and rule 6(8) and (9);
“lead assessor” means the person appointed under rule 8(1)(a);
“legal assessor” means an assessor appointed by the General Council under paragraph 7 of Schedule 4 to the Act;
“medical screener” means a person appointed under rule 3(1);
“person acting in a public capacity” means an officer of any body established by or under the Health Service Acts, a Hospital Medical Staff Committee or body exercising similar functions, a local authority, a body granting primary United Kingdom qualifications, a medical Royal College, a Government Department or Agency or any other public body or authority, a person holding judicial office, or any officer attached to a Court, or the Solicitor, where the person concerned is acting in that official capacity;
“practitioner” means a doctor whose standard of professional performance is alleged to be seriously deficient and includes a person whose registration is currently suspended;
“the Solicitor” means any solicitor appointed by the Council and includes counsel representing the Solicitor;
“specialist adviser” means a person appointed under paragraph 8 of Schedule 1;
“statement of requirements” means the statement drawn up under rule 17(10) and “second statement of requirements” means the statement drawn up under rule 22.
In these Rules, any reference to the Registrar acting in any matter includes a reference to a deputy or assistant registrar or any other person authorised by the Registrar to act in the matter.
In these Rules, any reference—
to notifying a person of any matter is a reference to notifying that person of the matter in writing; and
to a person agreeing any matter is a reference to that person agreeing that matter in writing.
The rules for the construction of Acts of Parliament contained in the Interpretation Act 197810shall apply to the interpretation of these Rules as they apply to the interpretation of an Act of Parliament.
Unless the context otherwise requires, a reference—
in these Rules—
to a numbered rule is a reference to the rule bearing that number in these Rules, and
to a numbered Schedule is a reference to the Schedule bearing that number in these Rules;
in a rule in, or in a Schedule to, these Rules to a numbered paragraph is a reference to the paragraph bearing that number in that rule or Schedule;
in a paragraph in a Schedule to these Rules, to a numbered subparagraph is a reference to the subparagraph bearing that number in that paragraph.
PART II
SCREENING
Appointment of screeners
Before any case is considered by the Assessment Referral Committee it shall have been considered by a member of the Council appointed for the purpose by the Council (“the medical screener”) and referred by that person to the Committee.
The member appointed under paragraph (1) shall be a doctor.
The Council shall keep—
a list of members of the Council who are doctors and who are appointed for the purposes of paragraph (1); and
a list of members of the Council who are lay persons (“lay screeners”) and who are appointed by the Council for the purposes of rule 5(6), (7) and (8).
Earlier cases taken into account
Subject to paragraph (2), where the medical screener has decided under these Rules to take no further action in connection with a complaint or information (“the earlier case”) the earlier case may nonetheless be taken into account by the medical screener in connection with the consideration of a subsequent complaint or information with a view to determining whether together they indicate a pattern of professional performance which is seriously deficient.
An earlier case may only be taken into account in accordance with paragraph (1) if, when the practitioner is notified that no further action is to be taken in connection with that earlier case, the notification contains a statement that the case may be taken into account in the consideration of any subsequent complaint or information.
The screening process
The medical screener shall take no action under rule 6 in connection with a case unless the complaint or information received by the Council—
is in writing;
except where it has been made by a person acting in a public capacity, is accompanied by a statutory declaration or affidavit in support which states the address and description of the deponent and the grounds for his belief in the truth of any fact asserted which is not within his personal knowledge; and
suggests to the medical screener that—
the standard of the practitioner’s professional performance may have been seriously affected; and
it may be appropriate to take action under rule 6.
For the purposes of considering a case, the medical screener may seek information about or observations on the case from any person who, in the opinion of the medical screener, might assist him in deciding whether there may be reason to believe that the standard of the practitioner’s professional performance has been seriously deficient.
Where the conditions in paragraph (1) are satisfied, the Registrar shall notify the practitioner—
of the complaint or information; and
where rule 4 applies, that the medical screener intends to take into account a complaint or information previously received by the Council.
A notice under paragraph (3) shall include—
copies of the complaint or information under consideration, any statutory declaration or affidavit and any case which the medical screener intends to take into account under rule 4;
a copy of these Rules; and
a statement that—
the medical screener is considering inviting the practitioner under rule 6(2)(b) to agree that an assessment be carried out, and
the practitioner may submit observations on the case to the medical screener in writing within the period 28 days of being sent the notice.
After the practitioner’s observations have been received or after the expiry of the period referred to in paragraph (4)(b)(ii) whichever is the earlier, the medical screener shall decide whether to take further action in connection with the case.
The medical screener shall not decide that no further action needs to be taken in connection with a case unless he has consulted a lay screener and the lay screener agrees that no further action needs to be taken.
If both the medical screener and the lay screener decide that no further action needs to be taken in connection with the case under these Rules then—
the practitioner and the complainant shall be informed of the decision, the reasons for it and that a lay screener has agreed with the medical screener’s decision; and
where a statement under rule 4(2) is sent to the practitioner a copy of the...
