Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
After section 36 of the Medical Act 1983 (professional misconduct and criminal offences) there shall be inserted—.
After section 31 of the Medical Act 1983 (power to make regulations with respect to the registers) there shall be inserted—.
Section 42 of the Medical Act 1983 (preliminary proceedings as to professional misconduct and unfitness to practise) shall be amended as follows.
In subsection (3), in paragraph (c) for the word “two” there shall be substituted the word “ six ”.
In subsection (4), for the words “No order for interim suspension or for interim conditional registration shall be made by the Preliminary Proceedings Committee” there shall be substituted the words “ No order under subsection (3)(b) or (c) above or (6A)(b) to (d) below shall be made by any Committee ”.
In subsection (5), for the words “If the Committee decide” there shall be substituted the words “ If the Preliminary Proceedings Committee decide ”.
In subsection (6), for the word “two” there shall be substituted the word “ six ”.
After subsection (6) there shall be inserted—.
Subsection (7) shall cease to have effect.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided by virtue of any other enactment.
This Act shall come into force on such day as Her Majesty may appoint by Order in Council; and different days may be appointed for different purposes.
This Act may be cited as the Medical (Professional Performance) Act 1995.
This Act extends to Northern Ireland.
SUPPLEMENTARY AND CONSEQUENTIAL AMENDMENTS
Medical Act 1983
The Medical Act 1983 shall be amended as follows.
In section 1(3) (committees of the General Medical Council)—
for the words “shall continue to be four” there shall be substituted the words “ shall be six ”;
after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Assessment Referral Committee, the Committee on Professional Performance ”; and
after the words “assigned to them by” there shall be inserted the words “ or under ”.
In section 32 (registration fees), subsection (2)(b) and the word “or” immediately before it shall cease to have effect.
In section 35 (General Medical Council’s power to advise on conduct or ethics), after the word “conduct” there shall be inserted the words “ or performance ”.
In section 36(2) (professional misconduct and criminal offences)—
for the word “42(3)(c)” there shall be substituted the word “ 42 ”; and
after the words “the Preliminary Proceedings Committee” there shall be inserted the words “ or the Professional Conduct Committee ”.
Section 37 (unfitness to practise through illness, etc.) shall be amended as follows.
In subsection (2)—
for the word “42(3)(c)” there shall be substituted the word “ 42 ”; and
after the words “the Preliminary Proceedings Committee” there shall be inserted the words “ or the Health Committee ”.
In subsection (3)—
in paragraph (b), after the word “expiry” there shall be inserted the words “ (or termination under subsection (3B)(b) below) ”; and
for the words “; but the Committee shall not” there shall be substituted the words “ ; but, subject to subsection (3A) below, the Committee shall not ”.
After subsection (3) there shall be inserted—.
Section 38 (power to order immediate suspension after a finding of professional misconduct or unfitness to practise) shall be amended as follows.
In subsection (1)—
after the words “36(1) or (2)” there shall be inserted the word “ , 36A ”;
after the words “37(1) or (2) above” there shall be inserted the words “ , or under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act, ”; and
after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Committee on Professional Performance ”.
In subsection (2)—
after the words “Schedule 4 to this Act” there shall be inserted the words “ or in accordance with rules made by virtue of paragraph 5A(3) of that Schedule ”; and
after the words “section 40 below” there shall be inserted the words “ or paragraph 5A(4) of that Schedule ”.
In subsection (3), after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Committee on Professional Performance ”.
Section 40 (appeals) shall be amended as follows.
In subsection (1), after paragraph (a) there shall be inserted—.
In subsection (3), after the word “36(6)” there shall be inserted the word “ , 36A(7) ”.
In subsection (4), after paragraph (a) there shall be inserted—.
In subsection (5), after the words “decision of the” there shall be inserted the words “ Committee on Professional Performance or the ”.
In subsection (6), after the words “the Professional Conduct Committee,” there shall be inserted the words “ the Committee on Professional Performance, ”.
In subsection (7)—
after the words “the Professional Conduct Committee”, in each place, there shall be inserted the words “ , the Committee on Professional Performance ”; and
in paragraph (d), after the word “36” there shall be inserted the word “ , 36A ”.
In subsection (11), after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Committee on Professional Performance ”.
In section 43 (proceedings before committees), after the words “the Professional Conduct Committee,” there shall be inserted the words “ the Assessment Referral Committee, the Committee on Professional Performance, ”.
In section 47(3) (appointments not to be held except by fully registered practitioners: effect of suspension)—
after the words “registered person by” there shall be inserted the words “ a direction of the Committee on Professional Performance under section 36A above or under rules made by virtue of paragraph 5A(3) of Schedule 4 to this Act, ”;
for the words “that Committee” there shall be substituted the words “ either of those Committees ”; and
for the words “of the Preliminary Proceedings Committee under section 42(3)(b)” there shall be substituted the words “ under section 42 ”.
In section 53(2) (proof of certain instruments), after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Committee on Professional Performance ”.
In Part III of Schedule 1 (Committees of the General Medical Council), after paragraph 21 there shall be inserted the following paragraphs—
In that Part of that Schedule, for paragraph 23 there shall be substituted the following paragraph—.
In that Part of that Schedule, in paragraph 24, after the word “21” there shall be inserted the words “ , 21A, 21B ”.
In paragraph 1(1) of Schedule 4 (procedure of committees) after the words “the Professional Conduct Committee” there shall be inserted the words “ , for the Assessment Referral Committee, for the Committee on Professional Performance ”.
After paragraph 1(2) of that Schedule there shall be inserted—
In paragraph 2 of that Schedule (administration of oaths), after the words “the Professional Conduct Committee”, in each place, there shall be inserted the words “ , the Assessment Referral Committee, the Committee on Professional Performance ”.
In paragraph 3 of that Schedule (validity of proceedings)—
after the words “of the Professional Conduct Committee,” there shall be inserted the words “ of the Assessment Referral Committee, of the Committee on Professional Performance, ”; and
after the words “before the Professional Conduct Committee,” there shall be inserted the words “ the Assessment Referral Committee, the Committee on Professional Performance, ”.
In paragraph 4 of that Schedule (transfer of cases to Health Committee)—
in sub-paragraph (1), after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Assessment Referral Committee or the Committee on Professional Performance ”;
in paragraphs (2) and (3), in each place, after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Assessment Referral Committee or, as the case may be, the Committee on Professional Performance ”.
After paragraph 5 of that Schedule there shall be inserted—.
In paragraph 7 of that Schedule (legal assessors)—
in sub-paragraph (1), after the words “the Professional Conduct Committee,” there shall be inserted the words “ the Assessment Referral Committee, the Committee on Professional Performance, ”; and
in sub-paragraph (4), after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Assessment Referral Committee, the Committee on Professional Performance ”.
In paragraph 8(1) of that Schedule (service of notifications of decisions)—
after the word “36(6),” there shall be inserted the word “ 36A(7), ”; and
after the word “42(5)” there shall be inserted the words “ or (6C) ”.
In paragraph 9 of that Schedule (extension of time for appealing), after the word “36(6),” there shall be inserted the word “ 36A(7), ”.
In paragraph 10(1) of that Schedule (taking effect of directions for erasure, suspension or conditional registration and of variations of conditions of registration)—
after the words “section 36 of this Act,” there shall be inserted the words “ a direction for suspension or for conditional registration given by the Committee on Professional Performance under section 36A of this Act, ”;
for the words “either Committee” there shall be substituted the words “ any of those Committees ”; and
for the words “or 37” there shall be substituted the words “ , 36A or 37 ”.
In paragraph 11 of that Schedule (continuation of suspensions and conditions where supplementary direction given)—
in sub-paragraph (1), after the word “36” there shall be inserted the word “ , 36A ”; and
in sub-paragraph (3)—
after the word “36” there shall be inserted the word “ , 36A ”; and
for the words “that section,” there shall be substituted the words “ section 36 or 37 or subsection (2) or (6) of section 36A, ”.
In paragraph 12 of that Schedule (recording of directions for suspension or conditional registration), after the word “36” there shall be inserted the word “ , 36A ”.
In paragraph 13 of that Schedule (meaning of “party”), after the words “the Professional Conduct Committee” there shall be inserted the words “ , the Assessment Referral Committee, the Committee on Professional Performance ”.
National Health Service Act 1977
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National Health Service (Scotland) Act 1978
In section 19 of the National Health Service (Scotland) Act 1978 (arrangements and regulations for general medical services)—
in subsection (7)(c), for the words “of the Preliminary Proceedings Committee of the Council under section 42(3)(b)” there shall be substituted the words “ under section 42 ”; and
after subsection (7) there shall be added—.
Health and Personal Social Services (Northern Ireland) Order 1972
In Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (arrangements and regulations for general medical services)—
in paragraph (4C)(c), for the words “of the Preliminary Proceedings Committee of the Council under section 42(3)(b)” there shall be substituted the words “ under section 42 ”; and
after paragraph (4C) there shall be added—.