The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015

Made: 19th March 2015

Coming into force in accordance with article 1(2) and (3)

At the Court at Buckingham Palace, the 19th day of March 2015Present,The Queen’s Most Excellent Majesty in Council

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council:

PART 1 — Preliminary

Citation, commencement and interpretation

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• (1) This Order may be cited as the General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015.

• (2) This article and article 27 come into force on the day after the day on which this Order is made.

• (3) The other provisions of this Order come into force on such day as the Privy Council may by order appoint; and different days may be appointed for different purposes.

• (4) If an amendment made by article 21 is brought into force before article 3, any reference in the amendment to a Medical Practitioners Tribunal is, pending the commencement of article 3, to be read as a reference to a Fitness to Practise Panel of the General Medical Council.

• (5) The Privy Council may by order make transitional, transitory or saving provision in connection with the commencement of a provision of this Order.

• (6) In this Order, “the Medical Act” means the Medical Act 1983[^f00002].

PART 2 — The Medical Practitioners Tribunal Service

Establishment of the MPTS as a committee of the General Medical Council

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• (1) In section 1 of the Medical Act (the GMC: constitution etc.), in subsection (3)[^f00003], before “constituted in accordance with” insert—

(g) the Medical Practitioners Tribunal Service (“the MPTS”),

• (2) In subsection (3A) of that section, omit “paragraphs (c), (d) and (e) of”.

• (3) In section 55(1) of that Act (interpretation), at the appropriate place insert—

• “the MPTS” means the Medical Practitioners Tribunal Service

• (4) In Part 3 of Schedule 1 to that Act (committees of the GMC)[^f00004], before paragraph 23 (and the preceding cross-heading) insert—

(19F) (1) The MPTS are to be constituted as provided by rules made under this paragraph by the General Council. (2) Rules under this paragraph must secure that only persons who are not members of the General Council are to be members of the MPTS. (3) Rules under this paragraph must include provision with regard to— (a) the numbers of registrant members and lay members of the MPTS; (b) (subject to sub-paragraph (6)) the appointment of members of the MPTS and the terms of office for which members are appointed, and the rules may provide that these are to be determined by whoever makes the appointment as member, on appointment; (c) the grounds (in addition to that mentioned in sub-paragraph (2)) on which a person is to be disqualified from appointment as a registrant or lay member of the MPTS; (d) (subject to sub-paragraph (6)) the appointment of a chair of the MPTS and the chair’s term of office, and the rules may provide that the term is to be determined by whoever makes the appointment as chair, on appointment; (e) deputising arrangements in respect of the chair; (f) the quorum at meetings of the MPTS; (g) the circumstances in which a member of the MPTS ceases to hold office or may be removed or suspended from office. (4) Provision by virtue of sub-paragraph (3)(a) must secure that the registrant members of the MPTS do not form a majority of the members. (5) The chair of the MPTS is, by virtue of being appointed as such, an officer of the General Council. (6) Where, immediately before the commencement of this paragraph, a committee of the General Council constituted under paragraph 25 have been carrying out functions relating to fitness to practise proceedings, the General Council— (a) may appoint as the chair of the MPTS, for such period as the Council may determine, the person who, immediately before the commencement of this paragraph, was the chair of that committee, and (b) may appoint as a member of the MPTS other than the chair, for such period as the Council may determine, a person who, immediately before the commencement of this paragraph, was a member of that committee. (7) Rules under this paragraph may include provision for enabling the General Council to direct the MPTS to delegate to the chair of the MPTS, or to such other officer of the Council as the Council determine, such of the functions of the MPTS as the Council determine (and for enabling the MPTS so to delegate). (8) Rules under this paragraph may include provision with regard to criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment as chair or as another member of the MPTS; and the rules may, in particular, require the General Council to set and publish those criteria. (9) Rules under this paragraph may include provision with regard to— (a) the maximum period for which a member of the MPTS may hold office during a specified period; (b) the maximum period for which a member of the MPTS may serve as chair of the MPTS during a specified period; (c) the education and training of members of the MPTS, and the rules may provide for the General Council to include the requirements with regard to education and training of members of the MPTS in standing orders, and for those standing orders to provide for— (i) the education and training to be the responsibility of another body, and (ii) those requirements to be set and varied by that body from time to time; (d) the attendance of members of the MPTS at meetings of the MPTS; (e) the effect (if any) of any vacancy in the membership of the MPTS or any defect in the appointment of a member. (10) The MPTS must maintain a system for the declaration and registration of private interests of their members. (11) The MPTS must publish in such manner as they see fit entries recorded in the register of members’ private interests. (12) In this paragraph, “registrant member” and “lay member” each have the same meaning as in paragraph 1A. (13) Rules under this paragraph may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the General Council to be necessary or expedient.

• (5) In paragraph 15 of that Schedule (standing orders of the GMC)[^f00005], in sub-paragraph (3), at the end insert “, except in so far as is necessary for enabling standing orders to make provision with regard to the financial affairs of the MPTS or to make provision by virtue of paragraph 19F(9)(c).”

• (6) In paragraph 16 of that Schedule (officers of the GMC)[^f00006], after sub-paragraph (3) insert—

(3A) A deputy or assistant registrar who is authorised in accordance with provision made by virtue of paragraph 19F(7) to act on behalf of the MPTS may not, while so authorised, act for the Registrar in any matter.

Medical Practitioners Tribunals and Interim Orders Tribunals: establishment etc.

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• (1) In section 1 of the Medical Act (GMC: constitution etc.), in subsection (3)—

• (a) omit paragraphs (b) and (f), and

• (b) after paragraph (g) (inserted by article 2(1)) insert—

(h) one or more Medical Practitioners Tribunals, (i) one or more Interim Orders Tribunals,

• (2) In Part 3 of Schedule 1 to that Act (committees of the GMC), omit paragraphs 19A and 19E[^f00007] and the preceding cross-heading in each case.

• (3) After paragraph 19F of that Schedule (inserted by article 2(4)) insert—

(19G) (1) Medical Practitioners Tribunals and Interim Orders Tribunals are to be constituted as provided by rules made under this paragraph by the General Council. (2) Rules under this paragraph must include provision with regard to— (a) the appointment by the MPTS of persons to— (i) a list of persons eligible to serve as the chair of a Medical Practitioners Tribunal or Interim Orders Tribunal; (ii) a list of persons eligible to serve as a registrant member of either such Tribunal; (iii) a list of persons eligible to serve as a lay member of either such Tribunal; (b) the determination by the MPTS of the terms on which a person holds a position on a list referred to in paragraph (a) (a “panel list”) and of the grounds on which the MPTS may suspend or remove a person from holding a position on a panel list; (c) the selection by the MPTS of persons who are on a panel list to serve as the chair and the other members of a Medical Practitioners Tribunal or Interim Orders Tribunal; (d) the quorum for a Medical Practitioners Tribunal or Interim Orders Tribunal. (3) A person appointed to a panel list within sub-paragraph (2)(a)(ii) or (iii) may also be appointed to a panel list within sub-paragraph (2)(a)(i). (4) Rules under this paragraph must secure that— (a) only a person who is not a member of the General Council, the Investigation Committee, a Registration Panel or a Registration Appeals Panel, or who is not an officer of the General Council, may be appointed to a panel list; (b) a person who serves as a member of an Interim Orders Tribunal, or as a member of a Medical Practitioners Tribunal in arrangements made under section 41A(A1), may not serve as a member of a Medical Practitioners Tribunal in any subsequent proceedings in the case concerned. (5) Rules under this paragraph may provide for a person to be appointed to a panel list either generally or only for particular proceedings or a particular class of proceedings. (6) Rules under this paragraph must provide that a person appointed to a panel list holds and ceases to hold a position on the list in accordance with the terms of that person’s appointment. (7) Rules under this paragraph may include provision with regard to criteria which a person must satisfy (whether in relation to qualifications, experience, competencies or other matters) in order to be eligible for appointment to a panel list or for selection to serve as the chair of a Medical Practitioners Tribunal or Interim Orders Tribunal; and the rules may, in particular, require the MPTS to set and publish those criteria. (8) Rules under this paragraph may also make provision for a body (including a committee of the General Council which is not one of the statutory committees) to assist the MPTS in connection with the exercise of functions conferred on the MPTS by virtue of sub-paragraph (2)(a) or (b). (9) The MPTS must provide or arrange for the provision of— (a) such training as they may determine for persons appointed to a panel list; (b) such training as they may determine for persons whom they propose to appoint to a panel list. (10) Rules under this paragraph may include provision with regard to the effect (if any) of any defect in the appointment of a person to a panel list or in the selection of a person to serve as the chair or another member of a Medical Practitioners Tribunal or an Interim Orders Tribunal. (11) The MPTS must maintain a system for the declaration and registration of private interests of persons appointed to a panel list. (12) The MPTS must publish in such manner as they see fit entries recorded in the register of appointees’ private interests. (13) There are to be paid to persons appointed to a panel list such remuneration and such travelling, subsistence or other expenses as the General Council may allow. (14) In this paragraph, “registrant member” and “lay member” each have the same meaning as in paragraph 1A. (15) Rules under this paragraph may make different provision for different cases or different classes of case and may contain such incidental, consequential, transitional, transitory, saving or supplementary provisions as appear to the General Council to be necessary or expedient.

Articles 2 and 3: consequential provision

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• (1) In Part 3 of Schedule 1 to the Medical Act (committees of the GMC), in paragraph 23 (membership)[^f00008]—

• (a) for “paragraphs 19A, 19C and 19E” substitute “paragraph 19C”,

• (b) in paragraphs (a) and (c), omit “an Interim Orders Panel,” and “or a Fitness to Practise Panel”, and

• (c) omit paragraph (b) (but not the following “and”).

• (2) In paragraph 23B of that Schedule (quorum)[^f00009], for “19A, 19B, 19C, 19D or 19E” substitute “19B, 19C or 19D”.

• (3) In paragraph 23C of that Schedule (assistance with appointment functions)[^f00010], after “paragraph 23B” insert “or under paragraph 19F”.

• (4) After that paragraph insert—

(23D) The overriding objective of the General Council in exercising the power to make rules under paragraph 19F or 19G is to secure that Medical Practitioners Tribunals and Interim Orders Tribunals deal with cases fairly and justly.

• (5) In paragraph 24 of that Schedule (requirement for Privy Council approval of rules)[^f00011], for “19A, 19B, 19C, 19D or 19E” substitute “19B, 19C, 19D, 19F or 19G”.

• (6) In paragraph 25 of that Schedule (supplementary provisions relating to committees)[^f00012], in sub-paragraph (2), for “paragraph 23” substitute “paragraphs 19B, 19C, 19D, 19F, 19G and 23”.

• (7) In sub-paragraph (3) of that paragraph, after “any committee of the Council” insert “(other than the MPTS or a Medical Practitioners Tribunal or Interim Orders Tribunal)”.

• (8) In sub-paragraph (4) of that paragraph, after “rules made” insert “under paragraph 19F(3)(f) or 19G(2)(d) or”.

• (9) In sections 35B(4), 38(1), (2) and (4), 44(5), 47(4) and 53(2) of the Medical Act, for “Fitness to Practise Panel”, in each place it appears, substitute “Medical Practitioners Tribunal”.

• (10) In section 44(5) of that Act—

• (a) for “the Panel” substitute “the Tribunal”, and

• (b) for “the Panel’s” substitute “the Tribunal’s”.

• (11) In sections 35B(4) and 47(4) of that Act, for “Interim Orders Panel” substitute “Interim Orders Tribunal”.

• (12) In section 35CC of that Act (provisions supplementary to section 35C)[^f00013], after subsection (1) insert—

(1A) The reference in subsection (1) to an officer of the General Council does not include a reference to the chair of the MPTS or any other officer of the Council to whom functions of the MPTS have been delegated by virtue of paragraph 19F(7) of Schedule 1.

Allegations of impaired fitness to practise: consideration by Medical Practitioners Tribunal

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• (1) In section 35C of the Medical Act (functions of the Investigation Committee)[^f00014], in subsection (5)(b), after “refer the allegation to” insert “the MPTS for them to arrange for the allegation to be considered by”.

• (2) In subsections (4), (5), (6) and (7) of that section, for “Fitness to Practise Panel”, in each place it appears, substitute “Medical Practitioners Tribunal”.

• (3) In section 35D of that Act (the title to which becomes “Functions of a Medical Practitioners Tribunal”)[^f00015], in subsection (1)—

• (a) for “section 35C” substitute “section 35C(5)(b)”, and

• (b) for “a Fitness to Practise Panel,” substitute—

the MPTS— (a) the MPTS must arrange for the allegation to be considered by a Medical Practitioners Tribunal, and (b)

• (4) In subsection (2) of that section—

• (a) for “Where the Panel” substitute “Where the Medical Practitioners Tribunal”, and

• (b) in paragraph (c), for “the Panel” substitute “the Tribunal”.

• (5) In subsections (4), (5), (6), (9) and (12) of that section, for “a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal”; and in subsections (3), (5), (10) and (12) of that section, for “the Panel”, in each place it appears, substitute “the Tribunal”.

• (6) In subsection (4) of that section, for “subsection (5) below applies” substitute “subsections (4A) and (4B) below apply”.

• (7) After that subsection insert—

(4A) The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period of suspension; and, where the Tribunal do so direct, the MPTS must arrange for the direction to be reviewed by another Medical Practitioners Tribunal prior to that expiry. (4B) The Registrar may, at any time prior to the expiry of the period of suspension, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal prior to that expiry; and, where a matter is referred to the MPTS under this subsection, the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal.

• (8) In subsection (5) of that section—

• (a) for “In such a case” substitute “On a review arranged under subsection (4A) or (4B)”,

• (b) omit the “or” following paragraph (b),

• (c) in paragraph (c), after “the expiry of the current period of suspension” insert “or from such date before that expiry as may be specified in the direction”, and

• (d) after that paragraph insert

; or (d) revoke the direction for the remainder of the current period of suspension,

• (9) In subsection (7) of that section—

• (a) for “a Fitness to Practise Panel have” substitute “a Medical Practitioners Tribunal have”,

• (b) for “a Fitness to Practise Panel shall” substitute “the Registrar shall refer the matter to the MPTS for them to arrange for a Medical Practitioners Tribunal to”, and

• (c) for paragraph (a) substitute—

(a) the person makes a request to the Registrar for there to be such a review;

• (10) In subsection (8) of that section—

• (a) for “On such a review the Panel may” substitute “Where a matter is referred to the MPTS under subsection (7), the MPTS must arrange for the direction to be reviewed by a Medical Practitioners Tribunal; and on such a review, the Tribunal may”, and

• (b) in paragraph (c), for “the Panel” substitute “the Tribunal”.

• (11) In subsection (9) of that section—

• (a) for paragraph (b) substitute—

(b) the Registrar is of the opinion that that person has failed to comply with any requirement imposed on the person as such a condition,

, and