The General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Authority for Health and Social Care (References to Court) Order 2015 (Commencement No.1 and Transitory Provisions) Order of Council 2015.pdf

STATUTORY INSTRUMENTS 2015 No. 000 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS The General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Authority for Health and Social Care (References to Court) Order 2015 (Commencement No.1 and Transitory Provisions) Ord...

STATUTORY INSTRUMENTS 2015 No. 000 HEALTH CARE AND ASSOCIATED PROFESSIONS DOCTORS The General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Authority for Health and Social Care (References to Court) Order 2015 (Commencement No.1 and Transitory Provisions) Order of Council 2015 Made - - - - 2015 At the Council Chamber, Whitehall, the 24th day of February 2010 By the Lords of Her Majesty’s Most Honourable Privy Council Their Lordships make the following Order of Council in exercise of the powers conferred by article 1(3) and (5) 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(a). Citation and interpretation 1.—(1) This Order may be cited as the General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (Commencement No.1 and Transitory Provisions) Order of Council 2015. (2) In this Order, “the 2015 Order” means 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. Appointed days 2. 3rd August 2015 is the day appointed for the coming into force of the following articles of the 2015 Order— (a) 2(4); (b) 3(3); (c) 4(3), (4), (5) and (12); (d) 7; (e) 8(2), (5) and (6); (a) S.I. 2015/794. (f) 9(1); (g) 10(1)(b), (2), (3) (but only in so far as it relates to paragraphs (2ZC) to (2ZE) of Schedule 4 to the Medical Act 1983) and (4); (h) 11(1), (2), (3), (4), (5)(b), (6), (7) and (8)(a); (i) 12(1), (2) and (9); (j) 13(4); (k) 14 but only in so far as it enables the General Council to make rules under paragraph 7A(4), (6), (9) and (10) of Schedule 4 to the Medical Act 1983; (l) 21 (except paragraph (10)); (m) 22(1). Transitory 3. Until paragraphs (1) and (2) of article 3 of the 2015 Order come into force— (a) the references to a Medical Practitioners Tribunal in articles 4(3), 7 and 12(9) of that Order are to be read as references to a Fitness to Practise Panel; (b) the references to an Interim Orders Tribunal in articles 4(3) and 7 of that Order are to be read as references to an Interim Orders Panel. Richard Tilbrook Clark to the Privy Council EXPLANATORY NOTE (This note is not part of the Order) This Order brings into force a number of 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”) that principally relate to either new objectives of the General Medical Council or rule making powers concerning the constitution of the Medical Practitioners Tribunal Service and the constitution and proceedings of the Medical Practitioners Tribunal and the Interim Orders Tribunal. Articles 2(4), 3(3), 4(3), (4), (5) and (12), 7, 8(2), (5) and (6), 9(1), 10(1)(b), (2), (3) (in part) and (4), 11(1), (2), (3), (4), (5)(b), (6), (7) and (8)(a), 12(1), (2) and (9), 13(4), 14 (in part) , 21 (in part) and 22(1) of the 2015 Order are brought into force on 3rd August 2015. Of the articles brought into force by this instrument, those of particular note are—. Articles 4(4) and 7 of the 2015 Order provide for a new overriding objective that applies to the General Council when making certain rules. Article 4(4) of the 2015 Order requires the General Council when making rules under paragraph 19F of Schedule 1 to the Medical Act 1983 with respect to the constitution of the Medical Practitioners Tribunal Service, or under paragraph 19G of Schedule 1 to the Medical Act 1983 with respect to the constitution of Medical Practitioners Tribunals and Interim Orders Tribunals, to secure that the Tribunal deals with cases fairly and justly. Article 7 of the 2015 Order requires the General Council, in making rules with respect to the procedure to be followed in proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal, or with respect to the procedure to be followed by the Investigation Committee when deciding whether to give warnings under section 35C(6) of the Medical Act 1983, to secure that the Tribunal or Committee (as the case may be) deals with cases fairly and justly. Article 21 of the 2015 Order provides for a new over-arching objective of the General Council. The new over-arching objective of the General Council in the exercise of their 2 functions is the protection of the public and the pursuit of that objective involves the pursuit of the objectives to (i) protect, promote and maintain the health, safety and wellbeing of the public (ii) promote and maintain public confidence in the medical profession and (iii) promote and maintain proper professional standards and conduct for members of that profession. This Order, in article 3, makes transitory provision pending the coming into force of provisions establishing the Medical Practitioners Tribunal and the Interim Orders Tribunal. 3 This draft Statutory Instrument supercedes in part the draft 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 2014, which was laid before Parliament on 29th January 2015 and published on 29th January 2015 (ISBN 9780111128091). It is being issued free of charge to all known recipients of that draft Statutory Instrument. Draft Order in Council laid before Parliament and the Scottish Parliament under section 62(10) of the Health Act 1999 for approval by resolution of each House of Parliament and by the Scottish Parliament. DRAFT STATUTORY INSTRUMENTS 2015 No. HEALTH CARE AND ASSOCIATED PROFESSIONS The General Medical Council (Fitness to Practise and Overarching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 Made - - - - *** Coming into force in accordance with article 1(2) and (3) CONTENTS PART 1 Preliminary 1. Citation, commencement and interpretation 3 PART 2 The Medical Practitioners Tribunal Service 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Establishment of the MPTS as a committee of the General Medical Council Medical Practitioners Tribunals and Interim Orders Tribunals: establishment etc. Articles 2 and 3: consequential provision Allegations of impaired fitness to practise: consideration by Medical Practitioners Tribunal Interim orders Proceedings in fitness to practise cases: overriding objective of procedural rules Proceedings in fitness to practise cases: procedural rules Proceedings in fitness to practise cases: undertakings Assessments of professional performance or health Assessments of knowledge of English Assessments: consequential provision Legal assessors 3 5 7 8 10 11 11 14 15 17 19 21 14. 15. 16. 17. 18. 19. 20. Case managers Disclosure of information Appeals by persons subject to decisions by Tribunals Appeals by the General Medical Council References to court by the Professional Standards Authority for Health and Social Care Restoration of names to the register Annual reports of the MPTS 22 23 23 24 26 27 28 PART 3 The General Medical Council: over-arching objective 21. The over-arching objective 28 PART 4 Other matters relating to fitness to practise 22. 23. 24. 25. 26. Investigation Committee: vexatious allegations, facts more than 5 years old, reviews Registration Appeals Panels Service of notification of decisions by email Appeal of review orders Minor corrections etc. 30 30 31 31 31 PART 5 Supplementary 27. Orders by the Privy Council: procedure 31 At the Court at Buckingham Palace, the 000 day of 000 Present, The Queen’s Most Excellent Majesty in Council This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) and (4A) of, and Schedule 3 to, the Health Act 1999(a). The Secretary of State and the Scottish Ministers published a draft Order and invited representations as required by paragraph 9(1) and (3) of Schedule 3 to the Health Act 1999. (a) 1999 c.8. Section 60 was amended by paragraph 16 of Schedule 5 to the Nursing and Midwifery Order 2001 (S.I. 2002/253); section 26(9) of the National Health Service Reform and Health Care Professions Act 2002 (c.17); paragraph 1 of Schedule 8 to the Health and Social Care Act 2008 (c.14); sections 209, 210 and 213 of, and paragraphs 60 and 72 of Schedule 15 to, the Health and Social Care Act 2012 (c.7); paragraph 7 of Schedule 4 to the Pharmacy Order 2010 (S.I. 2010/231); paragraph 43 of Schedule 34 to the Human Medicines Regulations 2012 (S.I. 2012/1916). Section 62 was amended by paragraph 1 of Schedule 4 to the National Health Service (Consequential Provisions) Act 2006 (c.43); and paragraph 2 of Schedule 8 to the Health and Social Care Act 2008. Section 62(4) and (4A) was substituted by paragraph 11 of Schedule 10 the Health and Social Care Act 2008. Schedule 3 was amended by section 26(10) of the National Health Service Reform and Health Care Professions Act 2002; paragraph 8(b) of Schedule 4 to the Health and Social Work Professions Order 2002 (S.I. 2002/254); paragraph 67 of Schedule 11, and paragraph 1 of Schedule 14, to the Health and Social Care (Community Health and Standards) Act 2003 (c.43); Schedule 9 to the Health Act 2006 (c. 28); paragraphs 4 to 10 of Schedule 8, and paragraph 1 of Schedule 15, to the Health and Social Care Act 2008; section 211 of, and paragraphs 61 and 72 of Schedule 15 to, the Health and Social Care Act 2012. 2 The period of three months mentioned in paragraph 9(4) of that Schedule expired before a draft of this Order in Council, together with a report about consultation, was laid before Parliament and the Scottish Parliament. A draft of this Order in Council has been approved by resolution of each House of Parliament and of the Scottish Parliament in accordance with section 62(10) of the Health Act 1999. 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 1.—(1) This Order may be cited as the General Medical Council (Fitness to Practise and Overarching 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(a). PART 2 The Medical Practitioners Tribunal Service Establishment of the MPTS as a committee of the General Medical Council 2.—(1) In section 1 of the Medical Act (the GMC: constitution etc.), in subsection (3)(b), 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)(c), before paragraph 23 (and the preceding cross-heading) insert— (a) 1983 c.54. A number of amendments were made by Schedules 6 and 7 to the Health and Social Care Act 2008 (c.14) to provisions of the Medical Act 1983 amended by this Order but those amendments were not commenced and have now been repealed by section 231 of the Health and Social Care Act 2012 (c.7). (b) Section 1(3) and (3A) as substituted by S.I. 2002/3135 was amended by S.I. 2006/1914 and S.I. 2008/3131. (c) Part 3 of Schedule 1 was amended by S.I. 2002/3135 and S.I. 2006/1914. 3 “Medical Practitioners Tribunal Service 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 4 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)(a), 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)(b), 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. 3.—(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(c) and the preceding cross-heading in each case. (3) After paragraph 19F of that Schedule (inserted by article 2(4)) insert— “Medical Practitioners Tribunals and Interim Orders Tribunals 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; (a) Paragraph 15 of Schedule 1 was amended by S.I. 2006/1914, 2008/1774 and S.I. 2008/3131. (b) Paragraph 16 of Schedule 1 was amended by S.I. 2002/3135 and 2008/1774. (c) Paragraphs 19A and 19E of Schedule 1 were substituted by S.I. 2002/3135. 5 (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. 6 (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 4.—(1) In Part 3 of Schedule 1 to the Medical Act (committees of the GMC), in paragraph 23 (membership)(a)— (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)(b), for “19A, 19B, 19C, 19D or 19E” substitute “19B, 19C or 19D”. (3) In paragraph 23C of that Schedule (assistance with appointment functions)(c), 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)(d), 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)(e), 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)(f), 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.” (a) (b) (c) (d) (e) (f) Paragraph 23 of Schedule 1 was amended by S.I. 2006/1914. Paragraph 23B of Schedule 1 was substituted by S.I. 2002/3135. Paragraph 23C of Schedule 1 was inserted by S.I. 2008/1774. Paragraph 24 of Schedule 1 was substituted by S.I. 2002/3135. Paragraph 25 of Schedule 1 was amended by S.I. 2000/1803, S.I. 2002/3135 and S.I. 2008/3131. Section 35CC was substituted by S.I. 2002/3135. 7 Allegations of impaired fitness to practise: consideration by Medical Practitioners Tribunal 5.—(1) In section 35C of the Medical Act (functions of the Investigation Committee)(a), 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”)(b), 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 (a) Section 35C was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914, S.I. 2008/3131 and S.I. 2014/1101. (b) Section 35D was substituted by S.I. 2002/3135 and amended by S.I. 2014/1101. 8 (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 (b) for “subsection (10)” substitute “subsection (9A)”. (12) After subsection (9) of that section insert— “(9A) The Registrar may refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; 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.” (13) In subsection (10) of that section, for “In such a case” substitute “Where, on a review arranged under subsection (9A), the Tribunal judge the person concerned to have failed to comply with a requirement imposed as a condition such as is mentioned in subsection (9)(a),”. (14) For subsection (11) substitute— “(11) Where, in a case which does not come within subsection (9) above, a direction that a person’s registration be subject to conditions has been given under subsection (2), (5) or (8) above or paragraph 5A(3D) or 5C(4) of Schedule 4 to this Act, subsections (11A) and (11B) below apply. (11A) The Tribunal may direct that the direction is to be reviewed by another Medical Practitioners Tribunal prior to the expiry of the period for which the conditions apply; 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. (11B) The Registrar may, at any time prior to the expiry of the period for which the conditions apply, refer the matter to the MPTS for them to arrange for the direction to be reviewed by a Medical Practitioners Tribunal; 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.” (15) In subsection (12) of that section, for “In such a case” substitute “On a review arranged under subsection (11A) or (11B)”. (16) After that subsection insert— “(13) Where a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to give or make a direction, revocation or variation under subsection (5), (6), (8), (10) or (12) above, but the person concerned and the General Council have agreed in writing to the terms of such a direction, revocation or variation— (a) the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may give a direction or make a revocation or variation on the agreed terms; or (b) if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose. (14) A direction, revocation or variation given or made under subsection (13)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had 9 been given or made by the Tribunal under subsection (5), (6), (8), (10) or (12) above (as the case may be).” (17) In section 35E of the Medical Act (provisions supplementary to section 35D)(a)— (a) in subsection (1), for “a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal”, (b) in that subsection, for “the Registrar” substitute “the MPTS”, and (c) in subsections (4) and (5), for “a Fitness to Practise Panel has” substitute “a Medical Practitioners Tribunal have”. (18) After subsection (1) of that section insert— “(1A) Where, under section 35D, a Medical Practitioners Tribunal— (a) give a direction or make a variation as mentioned in subsection (1), (b) give a direction that a suspension be terminated, (c) revoke a direction for conditional registration or a condition imposed by such a direction, or (d) decide not to give a direction, the MPTS shall forthwith serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction, variation, revocation or decision. (1B) A notification under subsection (1A) must state whether, in giving the direction or making the variation, revocation or decision, the Tribunal took any undertakings into account in accordance with rules containing provision by virtue of paragraph 1(2C) of Schedule 4.” (19) In paragraph 9 of Schedule 4 to that Act (extension of time for appealing)(b)— (a) in paragraph (a) after “the Registrar” insert “or the MPTS”, (b) in paragraph (b) after “the Registrar is” insert “or (as the case may be) the MPTS are”, (c) after “the Registrar” insert “or (as the case may be) the MPTS”, and (d) for “he thinks” substitute “he or they think”. Interim orders 6.—(1) In section 35C of the Medical Act (functions of the Investigation Committee), in subsection (8)— (a) for “an Interim Orders Panel or a Fitness to Practise Panel”, in each place it appears, substitute “an Interim Orders Tribunal or a Medical Practitioners Tribunal”, (b) after “refer the matter to” insert “the MPTS for them to arrange for”, and (c) omit “for the Panel”. (2) In section 41A of that Act (interim orders)(c), before subsection (1) insert— “(A1) Where a matter is referred under section 35C(8) to the MPTS, the MPTS must arrange for an Interim Orders Tribunal or a Medical Practitioners Tribunal to decide whether to make an order as mentioned in that provision.” (3) In subsection (1) of that section— (a) for “Where an Interim Orders Panel or a Fitness to Practise Panel” substitute “Where an Interim Orders Tribunal or a Medical Practitioners Tribunal in arrangements made under subsection (A1), or a Medical Practitioners Tribunal on their consideration of a matter,”, and (b) for “the Panel”, in each place it appears, substitute “the Tribunal”. (a) Section 35E was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914 and S.I. 2014/1101. (b) Schedule 4 was substituted by S.I. 2002/3135. (c) Section 41A was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914. 10 (4) In subsections (2), (3), (6) and (9) of that section, for “an Interim Orders Panel or a Fitness to Practise Panel”, in each place it appears, substitute “an Interim Orders Tribunal or a Medical Practitioners Tribunal”. (5) After subsection (3) of that section insert— “(3A) Where an Interim Orders Tribunal or a Medical Practitioners Tribunal have yet to hold a hearing to consider a case in which they would have the power to make an order under subsection (3) above, but the person concerned and the General Council have already agreed in writing to the terms of such an order— (a) the Tribunal, on considering the matter on the papers, or the chair of the Tribunal, on doing so instead of the Tribunal, may make an order on the agreed terms; or (b) if the Tribunal or chair (as the case may be) acting under paragraph (a) determines that the Tribunal should hold a hearing to consider the matter, the MPTS must arrange for a hearing of the Tribunal for that purpose. (3B) An order made under subsection (3A)(a) by a Tribunal or the chair of a Tribunal is to be treated for the purposes of this Act as if it had been made by the Tribunal under subsection (3).” (6) In subsection (4) of that section— (a) for “any Panel” substitute “a Tribunal”, (b) for “the Panel”, in the first place it appears, substitute “the Tribunal”, and (c) omit the words from “; and for the purposes” to the end. (7) In subsection (5) of that section, for “the Registrar” substitute “the MPTS”. Proceedings in fitness to practise cases: overriding objective of procedural rules 7. In Schedule 4 to the Medical Act (the title to which becomes “Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals”), in paragraph 1, after sub-paragraph (1) insert— “(1A) The overriding objective of the General Council in making rules under this Schedule with respect to the procedure to be followed in proceedings before a Medical Practitioners Tribunal or an Interim Orders Tribunal, or with respect to the procedure to be followed by the Investigation Committee when deciding whether to give a warning under section 35C(6), is to secure that the Tribunal or Committee (as the case may be) deals with cases fairly and justly.” Proceedings in fitness to practise cases: procedural rules 8.—(1) In paragraph 1 of Schedule 4 to the Medical Act (the cross-heading preceding which becomes “Procedure of and evidence before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals”)(a), in sub-paragraph (1)— (a) omit “for the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels”, (b) in paragraph (a), for “, an Interim Orders Panel or a Fitness to Practise Panel” substitute “or the MPTS”, (c) after that paragraph (but before the following “and”) insert— “(aa) the arrangements by the MPTS for a Medical Practitioners Tribunal or Interim Orders Tribunal to consider a matter;”, and (d) in paragraph (b), for “that Committee or such a Panel” substitute “the Investigation Committee or a Medical Practitioners Tribunal or Interim Orders Tribunal”. (2) After sub-paragraph (2) of that paragraph insert— (a) Paragraph 1 of Schedule 4 was amended by S.I. 2006/1914. 11 “(2ZA) Rules made under this paragraph in connection with the referral of a matter to, or the consideration of a matter by, a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for— (a) the Investigation Committee to continue to investigate the matter after the referral is made or consideration by the Tribunal has begun (as the case may be); and (b) the withdrawal of the matter (or part of it) by the Investigation Committee if they decide that the matter (or part of it) should not be considered by a Medical Practitioners Tribunal or they are of the opinion that an Interim Orders Tribunal should not consider making an order. (2ZB) Section 35CC(1) applies to functions of the Investigation Committee by virtue of sub-paragraph (2ZA) as it applies to their functions under section 35C.” (3) In sub-paragraph (3) of that paragraph— (a) for “an Interim Orders Panel or a Fitness to Practise Panel” substitute “an Interim Orders Tribunal or a Medical Practitioners Tribunal”, and (b) for “the Panel”, in each place it appears, substitute “the Tribunal”. (4) In sub-paragraph (4) of that paragraph— (a) for “a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal”, (b) for “a Panel”, in each place it appears, substitute “a Tribunal”, and (c) for “the Panel” substitute “the Tribunal”. (5) After that sub-paragraph insert— “(4A) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal may include provision for preliminary hearings. (4B) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal which include provision with respect to the consequences of a failure to comply with those rules or with directions given by the Tribunal or a case manager appointed under paragraph 7A may, in particular— (a) where the failure relates to the admission of evidence, enable the Tribunal to refuse to admit the evidence and enable a case manager appointed under paragraph 7A to direct the Tribunal to consider whether to admit the evidence; (b) confer power on the Tribunal to draw adverse inferences; (c) confer power on the Tribunal to award costs (or, in Scotland, expenses). (4C) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may include provision for the award of costs (or, in Scotland, expenses) in a case where a party’s, or a party’s representative’s, conduct of the proceedings has been unreasonable. (4D) Provision by virtue of sub-paragraph (4B)(c) or (4C) may, in particular, include— (a) provision for assessment or taxation of costs (or, in Scotland, taxation of expenses); (b) provision for a wasted costs order (or, in Scotland, wasted expenses order); (c) provision requiring regard to be had to a party’s ability to pay; (d) provision conferring on either party a right of appeal against an award of costs to the High Court (or, in Scotland, against an award of expenses to the Court of Session); (e) provision for the enforcement of an award of costs (or, in Scotland, expenses) in the same manner as if the award had been made by order of the county court (or, in Scotland, by decree of the sheriff court or, in Northern Ireland, by order of a county court).” (6) After sub-paragraph (4D) of paragraph 1 of that Schedule (inserted by paragraph (5) above) insert— 12 “(4E) Rules made under this paragraph in connection with any proceedings before a Medical Practitioners Tribunal or Interim Orders Tribunal may contain such provisions as appear to the General Council expedient for securing that, where the chair of the Tribunal is a legally qualified person and the chair advises the Tribunal on any question of law as to evidence, procedure or any other matter specified in the rules, the chair shall either— (a) so advise in the presence of every party, or person representing a party, to the proceedings who appears at the proceedings, or (b) inform every such party or person of the advice that the chair has tendered, if the advice is tendered after the Tribunal have begun their deliberations, whether by including the advice in the Tribunal’s decision or by some other means, and the rules may also contain such incidental and supplementary provisions as appear to the General Council expedient. (4F) In sub-paragraph (4E), “legally qualified person” means a person who satisfies the criteria set under paragraph 7(1C) in relation to legal qualifications and legal experience.” (7) In paragraph 2 of that Schedule (oaths etc.)— (a) for “an Interim Orders Panel”, in each place it appears, substitute “an Interim Orders Tribunal”, (b) for “a Fitness to Practise Panel”, in each place it appears, substitute “a Medical Practitioners Tribunal”, and (c) for “or Panel”, in each place it appears, substitute “or Tribunal”. (8) In paragraph 3 of that Schedule (validity of meetings where different members attend different meetings)— (a) in paragraph (a), for “an Interim Orders Panel or a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal or an Interim Orders Tribunal”, (b) in that paragraph, omit “or the General Council” and “or the Council”, (c) in that paragraph, for “the Committee, a Panel” substitute “the Committee or a Tribunal”, (d) in paragraph (b), after “refer the case to” insert “the MPTS for them to arrange for”, (e) in that paragraph, for “a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal”, (f) in that paragraph, omit “or to the General Council” and “or the Council”, (g) in that paragraph, omit “for the Panel”, (h) for “Committee, Panel”, in each place it appears, substitute “Committee or Tribunal”, and (i) omit “or Council” in each place it appears. (9) Omit paragraph 3A of that Schedule (reference and transfer of cases to Investigation Committee). (10) In paragraph 10 of that Schedule (taking effect of directions etc.)(a), in sub-paragraph (1), for “a Fitness to Practise Panel”, in each place it appears, substitute “a Medical Practitioners Tribunal”. (11) In paragraph 10B of that Schedule (language cases: directions for suspension or conditional registration)(b), in sub-paragraph (1), for “the Fitness to Practise Panel” substitute “the Medical Practitioners Tribunal”. (12) In paragraph 13 of that Schedule (meaning of “party”), for “an Interim Orders Panel or Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal or Interim Orders Tribunal”. (13) In section 43 of the Medical Act (the title to which becomes “Proceedings before the Investigation Committee, Medical Practitioners Tribunals and Interim Orders Tribunals”)(c), for (a) Paragraph 10 of Schedule 4 was amended by S.I. 2006/1914. (b) Paragraph 10B of Schedule 4 was inserted by S.I. 2014/1011. (c) Section 43 was substituted by S.I. 2002/3135. 13 “Interim Orders Panels and Fitness to Practise Panels” substitute “Medical Practitioners Tribunals and Interim Orders Tribunals”. (14) In section 44 of that Act (effect of disqualification in another relevant European State on registration in UK)(a), in subsection (5)(b), after “paragraphs 1, 2,” insert “3,”. Proceedings in fitness to practise cases: undertakings 9.—(1) In paragraph 1 of Schedule 4 to the Medical Act (proceedings before the Investigation Committee etc: procedure, evidence etc.), for sub-paragraph (2A) substitute— “(2A) Rules made under this paragraph may include provision— (a) for enabling the Investigation Committee, whether before or after a matter has been referred to a Medical Practitioners Tribunal (but before the Tribunal’s hearing of the matter has begun), and in such circumstances as may be specified in the rules, to agree with the person concerned that the person will comply with such undertakings as the Committee consider appropriate; and (b) with respect to the procedure to be followed where any such undertakings are breached. (2B) Section 35CC(1) applies to the functions of the Investigation Committee by virtue of sub-paragraph (2A) as it applies to their functions under section 35C. (2C) Rules made under this paragraph may include provision— (a) for enabling the General Council, where a Medical Practitioners Tribunal find that a person’s fitness to practise is impaired, to agree with the person concerned that the person will comply with such undertakings as the Council consider appropriate; (b) for enabling a Medical Practitioners Tribunal to take any such undertakings into account; (c) with respect to the procedure to be followed— (i) where there is a breach of any such undertakings, or (ii) where the General Council consider that any such undertakings should no longer apply and that a direction under section 35D should instead be given. (2D) Rules making provision by virtue of sub-paragraph (2C)(c) may, make provision— (a) for enabling or requiring a Medical Practitioners Tribunal to review whether the undertakings should continue to apply; (b) for treating the requirements contained in the undertakings as if they were requirements specified in a direction given under section 35D(2)(c); and (c) for enabling a Medical Practitioners Tribunal to give a direction under section 35D— (i) where there is a breach of any such undertakings, or (ii) where the General Council consider that any such undertakings should no longer apply. (2E) For the purposes of sub-paragraph (2D), the rules may apply sections 35D and 35E with such modifications, and may make such consequential modifications of this Act, as the Council think fit; and accordingly where the rules make such provision, references in this Act to section 35D or 35E include a reference to that section as so applied.” (2) In section 35B of the Medical Act (publications etc. by GMC)(b), in subsection (4)(g), after “paragraph 1(2A)” insert “or (2C)”. (a) Section 44 was substituted by S.I. 2002/3135 and amended by S.I. 2007/3101. (b) Section 35B was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914. 14 Assessments of professional performance or health 10.—(1) In paragraph 5A of Schedule 4 to the Medical Act (the cross-heading before which becomes “Professional performance assessments and health assessments”)(a), in sub-paragraph (1), in paragraph (a)— (a) in sub-paragraph (ii), for “a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal”, and (b) for “an assessment of the standard of a registered person’s professional performance” substitute “an assessment of a kind referred to in sub-paragraph (1A)”. (2) After sub-paragraph (1) of that paragraph insert— “(1A) The assessments referred to in sub-paragraph (1) are— (a) in the case of a registered person, an assessment of the standard of a person’s professional performance; (b) in the case of a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for his name to be restored to the register, an assessment of the standard of professional performance of which the person would be capable if the person’s name were to be restored to the register; (c) in either case, an assessment of the person’s physical or mental health.” (3) For sub-paragraph (2) of that paragraph substitute— “(2) An assessment by virtue of this paragraph is to be carried out in accordance with such directions as the Registrar may give as to— (a) whether the assessment is to be carried out by an Assessment Team or by an individual assessor; (b) the form or content of the assessment. (2ZA) Where the assessment is to be carried out by an Assessment Team, the Team— (a) must include at least one fully registered person selected by the Registrar; and (b) is otherwise to be constituted in accordance with directions given by the Registrar. (2ZB) Where the assessment is to be carried out by an individual assessor, the assessor must be a fully registered person selected by the Registrar. (2ZC) The General Council may make rules as to— (a) the appointment of fully registered persons and of other persons to a list of persons eligible to be members of an Assessment Team and the appointment of fully registered persons to a list of persons eligible to be individual assessors; (b) the procedure to be followed in carrying out an assessment by virtue of this paragraph; (c) the procedure to be followed following the making of a report on an assessment carried out by virtue of this paragraph. (2ZD) Where there are rules made under sub-paragraph (2ZC)(a), a person selected under sub-paragraph (2ZA) or (2ZB) must be a person who is included in the applicable list of eligible persons provided for in the rules. (2ZE) The General Council may make rules authorising the Assessment Team which, or individual assessor who, is to carry out an assessment by virtue of this paragraph to determine the procedure to be followed in carrying out the assessment in so far as it is not provided for in rules under sub-paragraph (2ZC)(b).” (4) After sub-paragraph (2A) of that paragraph insert— “(2B) An assessment of a person’s physical or mental health may include an assessment of the person’s physical or mental health at any time prior to the assessment and may (a) Paragraph 5A of Schedule 4 was amended by S.I. 2014/1011. 15 include an assessment of the person’s physical or mental health at the time of the assessment.” (5) For sub-paragraphs (3) and (3A) of that paragraph substitute— “(3) If the Registrar is of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of the assessment, the Registrar— (a) may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal, and (b) if he does so, must without delay serve on the person concerned a notification of the making of such a referral. (3A) If the Investigation Committee are of the opinion that a registered person who is required to submit to an assessment by virtue of this paragraph has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment— (a) the Investigation Committee may direct the Registrar to refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal; and (b) the Registrar, having been given a direction under paragraph (a), must make the referral to the MPTS and must without delay serve on the person concerned a notification of the making of the referral. (3B) Where a matter is referred to the MPTS under sub-paragraph (3) or (3A), the MPTS must arrange for the matter to be considered by a Medical Practitioners Tribunal. (3C) Where a Medical Practitioners Tribunal, having given a direction by virtue of this paragraph to require a registered person to submit to an assessment, are of the opinion that the person concerned has failed to submit to that assessment or to comply with requirements imposed in respect of that assessment, the Tribunal must consider that matter. (3D) The Medical Practitioners Tribunal, on their consideration of a matter under subparagraph (3B) or (3C), may, if they think fit— (a) direct that the person’s registration in the register is to be suspended (that is to say, is not to have effect) during such period not exceeding twelve months as may be specified in the direction; or (b) direct that the person’s registration is to be conditional on the person’s compliance, during such period not exceeding three years as may be specified in the direction, with such requirements so specified as the Tribunal think fit to impose for the protection of members of the public or in the person’s interests. (3E) Where, under sub-paragraph (3D), the Tribunal give a direction for suspension or a direction for conditional registration, the MPTS must without delay serve on the person concerned notification of the direction and of the person’s right to appeal against it under sub-paragraph (5). (3F) Where, under sub-paragraph (3D), the Tribunal give a direction for suspension or a direction for conditional registration, or where the Tribunal decide not to give a direction under that sub-paragraph, the MPTS must without delay serve on the Registrar and the Professional Standards Authority for Health and Social Care notification of the direction or decision. (3G) While a person’s registration in the register is suspended by virtue of a direction under sub-paragraph (3D)— (a) the person is to be treated as not being registered in the register notwithstanding that the person’s name still appears in it, but (b) sections 31A, 35C, 35CC, 35D, 35E and 39 are to continue to apply to the person.” (6) In sub-paragraph (5) of that paragraph— (a) for “a Fitness to Practise Panel”, in each place it appears, substitute “a Medical Practitioners Tribunal”, 16 (b) for “by virtue of sub-paragraph (3)” substitute “under sub-paragraph (3D)”, and (c) for “the Panel” substitute “the Tribunal”. (7) In that sub-paragraph, in paragraph (c)— (a) for “the Registrar for him to refer it to” substitute “the MPTS for them to arrange for”, and (b) for “be disposed of” substitute “dispose of it”. (8) After that sub-paragraph insert— “(5A) Subject to paragraph 9, an appeal under sub-paragraph (5) must be brought before the end of 28 days beginning with the date on which notification of the direction was served under sub-paragraph (3E).” (9) In sub-paragraph (6) of that paragraph— (a) after “Assessment Team” insert “or an individual assessor”, and (b) in paragraph (b), after “the Team” insert “or the assessor”. (10) In sub-paragraphs (7) and (8) of that paragraph— (a) after “Assessment Team” insert “or an individual assessor”, and (b) omit “their”. (11) In paragraph 5B of Schedule 4 to the Medical Act (issue of warrant), in sub-paragraph (1)— (a) after “Assessment Team” insert “or an individual assessor”, and (b) after “the team” insert “or assessor”. (12) In sub-paragraph (2) of that paragraph, after “themselves)” insert “, or (as the case may be) an individual assessor (who must, if so required, produce documents identifying himself),”. Assessments of knowledge of English 11.—(1) In paragraph 5A of Schedule 4 to the Medical Act (professional performance assessments), in sub-paragraph (10), omit “registered”. (2) In sub-paragraph (11) of that paragraph, after “But an assessment” insert “of a person’s professional performance”. (3) In sub-paragraph (12) of that paragraph, for “shall not be carried out by an Assessment Team” substitute “shall not be undertaken as part of an assessment carried out by virtue of this paragraph”. (4) After that sub-paragraph insert— “(13) The General Council may by rules provide that an assessment of a person’s knowledge of English undertaken as part of an assessment of the person’s professional performance by virtue of this paragraph is to be undertaken in accordance with such provision as is made in rules under paragraph 5C(2) subject to such modifications as the General Council consider necessary or expedient.” (5) In paragraph 5C of Schedule 4 to the Medical Act (knowledge of English assessments)(a), in sub-paragraph (1), in paragraph (a)— (a) in sub-paragraph (ii), for “a Fitness to Practise Panel” substitute “a Medical Practitioners Tribunal”, and (b) after “a registered person” insert “or a person seeking restoration to the register”. (6) After that sub-paragraph insert— (a) Paragraph 5C of Schedule 4 was inserted by S.I. 2014/1011. 17 “(1A) The reference in sub-paragraph (1) to a person seeking restoration to the register is a reference to a person applying under section 41, or by virtue of section 31(8) or 31A(1)(c), for the person’s name to be restored to the register.” (7) In sub-paragraph (2) of that paragraph— (a) in paragraph (a), omit “by such persons”, and (b) in paragraphs (a) and (b), omit “registered”. (8) In sub-paragraph (3) of that paragraph— (a) before “person who is required to undertake” insert “registered”, (b) omit “may”, and (c) for paragraph (a) (but not the following “and”) substitute— “(a) may refer that matter to the MPTS for them to arrange for it to be considered by a Medical Practitioners Tribunal,”. (9) After that sub-paragraph insert— “(3A) If the Investigation Committee are of the opinion that a registered person who is required to undertake an assessment of that person’s knowledge of English has failed to undertake that assessment or has undertaken the assessment but has failed to provide the information requested in respect of that assessment— (a) the Inve