The General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules Order of Council 2003

JurisdictionUK Non-devolved
CitationSI 2003/1344

2003 No. 1344

HEALTH CARE AND ASSOCIATED PROFESSIONS

DOCTORS

The General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules Order of Council 2003

Made 5th June 2003

Laid before Parliament 10th June 2003

Coming into force 1st July 2003

At the Council Chamber, Whitehall, the 5th day of June 2003

By the Lords of Her Majesty’s Most Honourable Privy Council

Whereas, in exercise of their powers under paragraphs 19A, 20, 21, 21A, 21B and 22 of Schedule 1 to the Medical Act 19831and of all other powers enabling them in that behalf, the General Medical Council have made the General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules 2003 as set out in the Schedule to this Order:

And whereas by paragraph 24 of that Schedule2, such rules shall not come into force until approved by Order of the Privy Council:

Now, therefore, Their Lordships, having taken these rules into consideration, are pleased to, and do hereby, approve them.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules Order of Council 2003, and shall come into force on 1st July 2003.

S-2 Revocations

Revocations

2. The following Orders are hereby revoked—

A. K. Galloway

Clerk of the Privy Council

SCHEDULE

THE GENERAL MEDICAL COUNCIL (CONSTITUTION OF FITNESS TO PRACTISE COMMITTEES) (TRANSITIONAL ARRANGEMENTS) RULES 2003

The General Medical Council in exercise of their powers under paragraphs 19A, 20, 21, 21A, 21B and 22 of Schedule 1 to the Medical Act 1983 and of all other powers enabling them in that behalf, hereby make the following Rules:—

SCH-1.1

1. Citation, commencement and interpretation

(1) These Rules may be cited as the General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules 2003 and shall come into force on 1st July 2003.

(2) In these Rules—

“the Council” means the General Medical Council;

“fitness to practise committees” means the Preliminary Proceedings Committee, the Professional Conduct Committee, the Health Committee, the Assessment Referral Committee, the Committee on Professional Performance and the Interim Orders Committee;

“lay person” means a person who is neither a doctor nor a holder of any qualification registrable under the Medical Act 1983;

“doctor” means a registered medical practitioner;

“the President” means the President of the Council.

SCH-1.2

2. Chairmen and members

(1) Subject to rules 3, 4 and 6, the membership of each of the fitness to practise committees shall comprise of doctors and lay persons appointed to each of those committees by the Council and included on lists of persons for each of those committees maintained by the Council.

(2) The fitness to practise committees may include members of the Council.

(3) In respect of each fitness to practise committee the Council shall appoint a Chairman and one or more Deputy Chairmen from the members of the committee.

(4) If, for the hearing of a case by a fitness to practise committee other than the Preliminary Proceedings Committee, neither the Chairman nor any of the Deputy Chairmen of that Committee is, or will be able to take the chair, the Chairman or a Deputy Chairman or the President may appoint another member of the Committee, who is, will be or was present at the commencement of the hearing, to chair the whole or (as the case may be) the remaining part of it.

SCH-1.3

3. Restrictions on membership of the Preliminary Proceedings Committee

A person may not be a member of the Preliminary Proceedings Committee if—

(a) he is a medical screener appointed under rule 4(2) of the General Medical Council Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 19885or a lay person 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 19876to undertake or assist in the initial consideration of cases under Part II of those Rules.

SCH-1.4

4. Restrictions on membership of the Assessment Referral Committee

A person may not be a member of the Assessment Referral Committee if he is a medical screener appointed under rule 3(1) of the General Medical Council (Professional Performance) Rules 19977or if he is a lay screener appointed for the purposes of rule 5(6), (7) and (8) and rule...

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