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 (Commencement No. 2 and Transitional Provisions) Order of Council 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force on 31st December 2015, the remaining articles of 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 (“the 2015 Order”) which include powers to amend the General Medical Council (Fitness to Practise) Rules 2004(1) in order to give effect to the establishment of a new Medical Practitioners Tribunal Service and its new role to arrange hearings before Medical Practitioner Tribunals (which replace Fitness to Practise Panels) and Interim Orders Tribunals (which replace Interim Orders Panels).

In particular, articles 17 and 18 of the 2015 Order insert sections 40A (appeals by the General Council) and 40B (appeals under section 40A: role of the Professional Standards Authority for Health and Social Care (“PSA”)) into the Medical Act 1983 (“the 1983 Act”). Article 18 also amends section 29 of, and inserts a new section 29A into, the National Health Service Reform and Health Care Professions Act 2002 (“the 2002 Act”). Section 29(4) and (4A) revises the grounds for reference by the PSA to the relevant court. Section 40A the 1983 Act allows the General Council to appeal against relevant decisions made by the Medical Practitioners Tribunal to the relevant court (as defined in section 40(5) of the 1983 Act). Sections 40B of the 1983 Act and section 29A of the 2002 Act make provision for the role of the PSA and the General Council in each other’s appeal or reference to the court proceedings.

This Order, in article 3 and the Schedule, makes transitional provisions on the coming into force of the remaining provisions of the 2015 Order, so that changes made by—

(a)article 17 of the 2015 Order shall only apply to relevant decisions (as referred to in section 40A(2) of the 1983 Act) made on or after 31st December 2015;

(b)article 18 of the 2015 Order shall only apply to–

(i)(in so far as it amends section 29 of the 2002 Act) relevant decisions as referred to in section 29(3) of that Act, made on or after 31st December 2015,

(ii)(in so far as it inserts a new section 29A of the 2002 Act) relevant decisions as referred to in section 29(8)(d) of that Act, made on or after 31st December 2015.

Transitional provision is also made in respect of fitness to practise proceedings that were instituted before or in relation to a Fitness to Practise Panel or an Interim Orders Panel before the 31st December 2015 so that such proceedings will be treated as done by or in relation to a Medical Practitioners Tribunal or, as appropriate, an Interim Orders Tribunal.