Health and Social Care Bill

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Session 2007 - 08
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Health and Social Care Bill

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
135

(a)
that requirements of a particular type should be imposed as
conditions in the case of a person whose registration is to be
made conditional;
(b)
the period of time for which a person’s registration should be
suspended or made conditional.
5
(3)
The Adjudicator must take account of guidance published under
subsection (1) or (2) in exercising its functions under sections 35D, 38
and 41 and under rules made by virtue of paragraph 5A(3) of
Schedule 4.”
5     (1)
In section 35B of the 1983 Act (notification and disclosure by the General
10
Council), in subsection (4)—
(a)
in paragraphs (a), (b) and (c) for “a Fitness to Practise Panel”
substitute “the Adjudicator”,
(b)
in paragraph (d) for “an Interim Orders Panel or a Fitness to Practise
Panel” substitute “the Adjudicator”, and
15
(c)
in paragraph (e) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
6     (1)
Section 35C of the 1983 Act (functions of the Investigation Committee) is
amended as follows.
      (2)
In subsection (2)(e) after “social care profession” insert “, or by the
20
Adjudicator,”.
      (3)
In subsection (4) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
      (4)
In subsection (5) for “a Fitness to Practise Panel” (in both places) substitute
“the Adjudicator”.
25
      (5)
In subsections (6) and (7) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
      (6)
In subsection (8)—
(a)
for “an Interim Orders Panel or a Fitness to Practise Panel should”
substitute “the Adjudicator should”, and
30
(b)
in paragraph (b) for “an Interim Orders Panel or a Fitness to Practise
Panel for the Panel” substitute “the Adjudicator for the Adjudicator”.
7     (1)
Section 35D of the 1983 Act (functions of a Fitness to Practise Panel) is
amended as follows.
      (2)
In the heading for “a Fitness to Practise Panel” substitute “the Adjudicator”.
35
      (3)
In subsection (1)—
(a)
after “section 35C above” insert “(other than under subsection (8) of
that section)”, and
(b)
for “a Fitness to Practise Panel” substitute “the Adjudicator”.
      (4)
In subsection (2)—
40
(a)
for “Panel find” substitute “Adjudicator finds”,
(b)
for “they may, if they think” substitute “the Adjudicator may, if it
thinks”, and
(c)
in paragraph (c) for “Panel think” substitute “Adjudicator thinks”.
      (5)
In subsection (3)—
45

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
136

(a)
for “Panel find” substitute “Adjudicator finds”, and
(b)
for “they” substitute “the Adjudicator”.
      (6)
In subsection (4) for “a Fitness to Practise Panel have” substitute “the
Adjudicator has”.
      (7)
In subsection (5)—
5
(a)
for “a Fitness to Practise Panel may, if they think” substitute “the
Adjudicator may, if it thinks”,
(b)
in paragraph (c) for “Panel think” substitute “Adjudicator thinks”,
and
(c)
for “Panel shall” substitute “Adjudicator shall”.
10
      (8)
In subsection (6) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
      (9)
In subsection (7)—
(a)
for “a Fitness to Practise Panel have” substitute “the Adjudicator
has”,
15
(b)
for “a Fitness to Practise Panel shall” substitute “the Adjudicator
shall”, and
(c)
in paragraph (a) for “them” substitute “the Adjudicator”.
     (10)
In subsection (8)—
(a)
for “Panel” (where first occurring) substitute “Adjudicator”, and
20
(b)
in paragraph (c) for “Panel think” substitute “Adjudicator thinks”.
     (11)
In subsection (9)(b) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
     (12)
In subsection (10) for “Panel may, if they think” substitute “Adjudicator
may, if it thinks”.
25
     (13)
In subsection (12)—
(a)
for “a Fitness to Practise Panel may, if they think” substitute “the
Adjudicator may, if it thinks”, and
(b)
for “Panel shall” substitute “Adjudicator shall”.
8     (1)
Section 35E of the 1983 Act (provisions supplementary to section 35D) is
30
amended as follows.
      (2)
In subsection (1)—
(a)
for “a Fitness to Practise Panel” substitute “the Adjudicator”,
(b)
in paragraphs (a), (b) and (c) for “give” substitute “gives”, and
(c)
in paragraph (d) for “vary” substitute “varies”.
35
      (3)
In subsection (4) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
9     (1)
Section 38 of the 1983 Act (power to order immediate suspension etc after a
finding of impairment of fitness to practise) is amended as follows.
      (2)
In subsections (1) and (2) for “Fitness to Practise Panel” substitute
40
“Adjudicator”.
      (3)
In subsection (3)(b) for “paragraph 5A(4)” substitute “paragraph 5A(5)”.

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
137

      (4)
In subsection (4) for “a Fitness to Practise Panel make” substitute “the
Adjudicator makes”.
10    (1)
Section 40 of the 1983 Act (appeals) is amended as follows.
      (2)
In subsection (1)(a) and (b) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
5
      (3)
In subsection (7)—
(a)
for “a Fitness to Practise Panel” (where first occurring) substitute
“the Adjudicator”,
(b)
in paragraph (c) for “a Fitness to Practise Panel” substitute “the
Adjudicator”, and
10
(c)
in paragraph (d) for “Registrar for him to refer it to a Fitness to
Practise Panel” substitute “Adjudicator”.
      (4)
In subsection (9) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
11
After section 40 of the 1983 Act insert—
15
“40A
Reference of cases by General Council to court
(1)
This section applies to—
(a)
a decision of the Adjudicator under section 35D giving—
(i)
a direction for suspension, including a direction
extending a period of suspension;
20
(ii)
a direction for conditional registration, including a
direction extending a period of conditional
registration;
(iii)
a direction varying any of the conditions imposed by
a direction for conditional registration; and
25
(b)
a decision of the Adjudicator under rules made by virtue of
paragraph 5A(3) of Schedule 4 giving—
(i)
a direction for suspension;
(ii)
a direction for conditional registration.
(2)
This section also applies to—
30
(a)
a decision of the Adjudicator under section 35D not to give a
direction falling within subsection (1)(a) or a direction for
erasure (whether because of a finding that the person’s
fitness to practise is not impaired or otherwise);
(b)
a decision of the Adjudicator under section 35D—
35
(i)
giving a direction that a suspension be terminated;
(ii)
revoking a direction for conditional registration or a
condition imposed by such a direction;
(c)
a decision of the Adjudicator under section 41 giving a
direction that a person’s name be restored to the register; and
40
(d)
a decision of the Adjudicator under rules made by virtue of
paragraph 5A(3) of Schedule 4 not to give a direction falling
within subsection (1)(b).
(3)
The decisions to which this section applies are referred to below as
“relevant decisions”.
45
(4)
If the General Council consider that—

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
138

(a)
a relevant decision falling within subsection (1) is unduly
lenient, whether because the findings relating to fitness to
practise are inadequate, or because the direction given does
not adequately reflect the findings that have been made, or
both; or
5
(b)
a relevant decision falling within subsection (2) should not
have been made,

and that it would be desirable for the protection of members of the
public for the General Council to take action under this section, the
General Council may refer the case to the relevant court.
10
(5)
In the case of a relevant decision falling within subsection (1), the
General Council may not refer a case after the end of the period of 40
days beginning with the day which is the last day on which the
person to whom the relevant decision relates can appeal against it.
(6)
In the case of a relevant decision falling within subsection (2), the
15
General Council may not refer a case after the end of the period of 40
days beginning with the day on which the General Council receives
notice of the relevant decision in accordance with rules made by the
Adjudicator under section 98(4)(a)(ii) of the Health and Social Care
Act 2008.
20
(7)
If the General Council do refer a case—
(a)
the case is to be treated by the court to which it has been
referred as an appeal by the General Council against the
relevant decision; and
(b)
the Adjudicator is to be a respondent.
25
(8)
The court may—
(a)
dismiss the appeal;
(b)
allow the appeal and quash the relevant decision;
(c)
substitute for the relevant decision any other decision which
could have been made by the Adjudicator; or
30
(d)
remit the case to the Adjudicator to dispose of the case in
accordance with the directions of the court,

and may make such order as to costs (or, in Scotland, expenses) as it
thinks fit.
(9)
If the General Council do refer a case, the Registrar must without
35
delay serve on the person to whom the relevant decision relates
notification of the reference of the case to the court.
(10)
In subsection (4) “relevant court” has the meaning given by section
40(5).”
12    (1)
Section 41 of the 1983 Act (restoration of names to the register) is amended
40
as follows.
      (2)
In subsection (1) for “a Fitness to Practise Panel may, if they think” substitute
“the Adjudicator may, if it thinks”.
      (3)
In subsections (2) and (3) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
45
      (4)
In subsection (6)—
(a)
for “a Fitness to Practise Panel” substitute “the Adjudicator”,

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
139

(b)
for “they direct” substitute “the Adjudicator directs”,
(c)
for “they shall” substitute “the Adjudicator shall”, and
(d)
for “them” substitute “it”.
      (5)
In subsection (7)—
(a)
for “A Fitness to Practise Panel” substitute “The Adjudicator”,
5
(b)
omit “in accordance with regulations made by the General Council
under this subsection,”, and
(c)
for the words from “they direct” to the end substitute “the
Adjudicator directs that the practitioner’s licence to practise be
restored.”.
10
      (6)
In subsection (9) for “a Fitness to Practise Panel” substitute “the
Adjudicator”.
      (7)
In subsection (10) for “a Fitness to Practise Panel give” substitute “the
Adjudicator gives”.
      (8)
In subsection (11) for “a Fitness to Practise Panel” substitute “the
15
Adjudicator”.
13    (1)
Section 41A of the 1983 Act (interim orders) is amended as follows.
      (2)
In subsection (1)—
(a)
for “an Interim Orders Panel or a Fitness to Practise Panel are”
substitute “the Adjudicator is”,
20
(b)
for “Panel may” substitute “Adjudicator may”, and
(c)
in paragraph (b) for “Panel think” substitute “Adjudicator thinks”.
      (3)
In subsection (2)—
(a)
for “an Interim Orders Panel or a Fitness to Practise Panel have”
substitute “the Adjudicator has”, and
25
(b)
for “an Interim Orders Panel or a Fitness to Practise Panel—”
substitute “the Adjudicator—”.
      (4)
In subsection (3) for “an Interim Orders Panel or a Fitness to Practise Panel”
substitute “the Adjudicator”.
      (5)
In subsection (4)—
30
(a)
for “any Panel” substitute “the Adjudicator”,
(b)
for “before the Panel” substitute “before the Adjudicator”, and
(c)
omit the words from “; and for the purposes” to the end.
      (6)
In subsection (6) for “an Interim Orders Panel or a Fitness to Practise Panel”
substitute “the Adjudicator”.
35
      (7)
In subsection (9) for “an Interim Orders Panel or a Fitness to Practise Panel”
(in both places) substitute “the Adjudicator”.
14
In section 43 of the 1983 Act (proceedings before the Investigation
Committee, Interim Orders Panels and Fitness to Practise Panels), and in the
heading, for “, Interim Orders Panels and Fitness to Practise Panels”
40
substitute “and the Adjudicator”.
15
In section 44 of the 1983 Act (effect of disqualification in another member
State on registration in the United Kingdom), in subsection (5)—
(a)
in paragraph (a)—

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
140

(i)
for “a Fitness to Practise Panel may direct that his” substitute
“the Adjudicator may, if the matter is referred to it by the
Registrar, direct that the person’s”,
(ii)
for “Panel think” substitute “Adjudicator thinks”, and
(iii)
for “Panel’s” substitute “Adjudicator’s”, and
5
(b)
in paragraph (b) for “1, 2, 8, 9, 10, 12 and 13” substitute “8, 9, 10 and
12”.
16
In section 47 of the 1983 Act (appointments not to be held except by fully
registered medical practitioners who hold licences to practise), in subsection
(4)—
10
(a)
in paragraphs (a) and (b) for “a Fitness to Practise Panel” substitute
“the Adjudicator”, and
(b)
in paragraph (c) for “an Interim Orders Panel or a Fitness to Practise
Panel” substitute “the Adjudicator”.
17
In section 53 of the 1983 Act (proof of certain instruments), omit subsection
15
(2)(c).
18
In section 55 of the 1983 Act (interpretation), in subsection (1), after the
definition of “additional qualification” insert—
“ “the Adjudicator” means the Office of the Health Professions
Adjudicator;”.
20
19    (1)
Part 3 of Schedule 1 to the 1983 Act (committees of the General Medical
Council) is amended as follows.
      (2)
Omit paragraph 19A and the heading before it.
      (3)
Omit paragraph 19E and the heading before it.
      (4)
In paragraph 23—
25
(a)
for “paragraphs 19A, 19C and 19E” substitute “paragraph 19C”,
(b)
in paragraph (a) for “an Interim Orders Panel, a Registration Appeals
Panel or a Fitness to Practise Panel” substitute “a Registration
Appeals Panel”,
(c)
omit paragraph (b), and
30
(d)
in paragraph (c) for “an Interim Orders Panel, a Registration Appeals
Panel or a Fitness to Practise Panel” substitute “a Registration
Appeals Panel”.
      (5)
In paragraphs 23B and 24 for “19A, 19B, 19C, 19D or 19E” substitute “19B,
19C or 19D”.
35
20
In Schedule 3A to the 1983 Act (registration appeals), in paragraph 4(7), for
“a Fitness to Practise Panel” substitute “the Investigation Committee (where,
in the case of paragraph 7, the Committee is considering giving a warning to
a person)”.
21
In Schedule 3B to the 1983 Act (licence to practise and revalidation: appeals),
40
in paragraph 3(4), for “a Fitness to Practise Panel” substitute “the
Investigation Committee (where, in the case of paragraph 7, the Committee
is considering giving a warning to a person)”.
22    (1)
Schedule 4 to the 1983 Act (proceedings before the Investigation Committee,
Interim Orders Panels and Fitness to Practise Panels) is amended as follows.
45

Health and Social Care Bill
Schedule 7 — Adjudication functions under Medical Act 1983 and Opticians Act 1989
Part 1 — Amendments of Medical Act 1983
141

      (2)
In the heading for “, INTERIM ORDERS PANELS AND FITNESS TO
PRACTISE PANELS” substitute “AND THE ADJUDICATOR”.
      (3)
In the heading before paragraph 1 omit “, Interim Orders Panels and Fitness
to Practise Panels”.
      (4)
In paragraph 1—
5
(a)
in sub-paragraph (1)—
(i)
omit “, Interim Orders Panels and Fitness to Practise Panels”,
(ii)
in paragraph (a) omit “, an Interim Orders Panel or a Fitness
to Practise Panel”, and
(iii)
in paragraph (b) omit “or such a Panel”, and
10
(b)
omit sub-paragraphs (3) and (4).
      (5)
In paragraph 2—
(a)
in sub-paragraph (1)—
(i)
omit paragraphs (b) and (c), and
(ii)
omit “or Panel”,
15
(b)
in sub-paragraph (2) omit “, an Interim Orders Panel or a Fitness to
Practise Panel”, and
(c)
in sub-paragraph (3)—
(i)
omit “, an Interim Orders Panel or a Fitness to Practise Panel”,
and
20
(ii)
omit “or Panel” (in both places).
      (6)
In paragraph 3—
(a)
in paragraph (a)—
(i)
omit “, an Interim Orders Panel or a Fitness to Practise Panel”,
and
25
(ii)
omit “, a Panel”,
(b)
in paragraph (b)—
(i)
omit “to a Fitness to Practise Panel or”, and
(ii)
omit “the Panel or”, and
(c)
for “Committee, Panel or Council” (wherever occurring) substitute
30
“Committee or Council”.
      (7)
For paragraph 3A substitute—
“3A   (1)
Where, in the course of any proceedings before the Adjudicator,
the Adjudicator forms the opinion (on reasonable grounds) that
there is a matter which ought to be investigated by the
35
Investigation Committee—
(a)
the Adjudicator may notify the Registrar of that matter;
and
(b)
on being so notified, the Registrar shall refer the matter to
the Investigation Committee and the Investigation
40
Committee shall investigate the matter.
      (2)
Nothing in sub-paragraph (1) prevents the Adjudicator from
considering the matter itself, whether or not it has reached a
decision in the proceedings.”
      (8)
In paragraph 5A—
45
(a)
in sub-paragraph (1)(a) omit paragraph (ii),