SCHEDULE
Article 2
The General Medical Council (Miscellaneous Amendments) Rules 2016
These Rules are made by the General Medical Council in exercise of the powers conferred by sections 1(2) and 35CC(1) of, and paragraph 1B(4) of Schedule 1 to, and paragraphs 1(1), (2ZA), (2ZB), (2C), (2D) and (4) of Schedule 4 to, the Medical Act 19832.
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.
PART 1
Amendments to the General Medical Council (Fitness to Practise) Rules 2004
2. Amendments to the General Medical Council (Fitness to Practise) Rules 2004
The General Medical Council (Fitness to Practise) Rules 20043are amended in accordance with rules 3 to 14.
3. Amendment of rule 2
In rule 2 (interpretation)4, in the definition of “Assessment Team”, omit “three or more”.
4. Amendment of rule 17
Rule 17 (procedure before a Medical Practitioners Tribunal)5is amended as follows—
(a) in paragraph (3), for “General Medical Council” substitute “General Council”;
(b) for paragraph (5)(b)(ii), substitute—
“(ii)
“(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”.
5. Amendment of rule 17ZA
In rule 17ZA(procedure at a non-compliance hearing)6, before “the order” omit “(1)”.
6. Amendment of rule 18
In paragraph 2 of rule 18 (application of Part 5), for “37A(3)” substitute “37A(5)”.
7. Amendment of rule 20
In rule 20 (notice)7—
(a) in paragraph (1), for “20” substitute “28”;
(b) omit paragraph (2).
8. Amendment of rule 22
In rule 22 (procedure at review hearing)8—
(a) for paragraph (4)(b)(ii), substitute—
“(ii)
“(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”.
9. Amendment of rule 22A
In rule 22A (procedure at a non-compliance review hearing)9—
(a) before “the order” omit “(1)”;
(b) for paragraph (1)(g), substitute—
“(g)
“(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”.
10. Amendment of rule 26
In rule 26 (notice)10, before “Prior to” omit “(1)”.
11. Amendment of rule 27
In paragraph (4) of rule 27 (procedure at an interim orders hearing)11—
(a) for sub-paragraph (b)(ii), substitute—
“(ii)
“(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”.
12. Amendment of rule 28
In rule 28 (withdrawal of a matter)12, 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.”.
13. Amendment of rule 34
In paragraph (10) of rule 34 (evidence)13, for “Panel” substitute “Tribunal”.
14. Amendment of Schedule 1
In paragraph 1(2) of Schedule 1 (Performance...
