Medical Practitioners Act 2007

20.

Committees of Council.

20.— (1) Subject to subsections (2) to (13), the Council may establish committees of the Council to perform any functions that, in the opinion of the Council, may be better or more conveniently performed by a committee and that are assigned by the Council to a committee.

(2) Without prejudice to the generality of subsection (1), the Council shall establish—

( a) a committee, to be known as the Preliminary Proceedings Committee, to give initial consideration to complaints, and

( b) a committee, to be known as the Fitness to Practise Committee, to inquire into complaints,

to perform the functions under Parts 7, 8 and 9 that are respectively assigned to the committees.

(3) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Education and Training Committee, to perform such of the Council’s functions under Part 10 or section 106 as are assigned by the Council to the Committee.

(4) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Health Committee, to perform such functions as are specified by the Council in support of—

( a) medical practitioners with relevant medical disabilities, and

( b) medical practitioners who have given consents under section 67(1)(c) .

(5) Subject to subsections (7) and (8), a committee may include in its membership persons who are not members of the Council.

(6) The chairperson of a section 20(2) committee shall be a member of the Council other than the President or Vice-President of the Council.

(7) No person shall be a member of more than one section 20(2) committee.

(8) At least one third of the members of a section 20(2) committee, including the chairperson, shall be members of the Council.

(9) Subject to subsection (10), at least one third of the membership of the Fitness to Practise Committee shall consist of medical practitioners.

(10) The majority of the membership of the Fitness to Practise Committee shall consist of persons who are not medical practitioners.

(11) The majority of the membership of a committee (except the Fitness to Practise Committee) shall consist of medical practitioners.

(12) The acts of a committee (except a section 20(2) committee) shall be subject to confirmation by the Council unless the Council dispenses with the necessity for such confirmation.

(13) The Council may, subject to the provisions of this Act, regulate the procedure of a committee but, subject to any such regulation, the committee may regulate its own procedure.

(14) The members of a section 20(2) committee, in performing the functions under this Act respectively conferred on—

( a) the members in their capacity as such members, or

( b) the section 20 (2) committee of which they are members,

shall have the same protection and immunity as a judge of the Court performing the functions of a judge.

Annotations:

Amendments:

F35

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84(a), not commenced as of date of revision.

F36

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84(b), (c), not commenced as of date of revision.

F37

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84(d), not commenced as of date of revision.

Modifications (not altering text):

C9

Prospective affecting provision: subss. (4)(b) and (8) amended, subs. (6) deleted and subss. (15)-(18) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 84, not commenced as of date of revision.

20.—...

(4) Without prejudice to the generality of subsection (1), the Council may establish a committee, to be known as the Health Committee, to perform such functions as are specified by the Council in support of—

( a) medical practitioners with relevant medical disabilities, and

( b) medical practitioners who have given consents under F35 [ section 59A(1)(c) or 67(1)(c) ] .

...

(6) F36 [ ]

...

(8) At least one third of the members of a section 20(2) committee F36 [ ] shall be members of the Council.

...

F37 [ (15) ( a ) Where the Council establishes a subcommittee of a committee, that subcommittee may perform any of the functions of that committee as if it were that committee, and every reference in this Act to that committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

( b ) Subject to paragraph (d) , where a subcommittee of the Preliminary Proceedings Committee is established pursuant to rules made under section 11 , that subcommittee may perform any of the functions of that Committee as if it were the Preliminary Proceedings Committee, and every reference in this Act to the Preliminary Proceedings Committee shall, unless the context otherwise requires, be construed as including a reference to the subcommittee.

( c ) Subject to paragraph (d) , where a subcommittee of the Fitness to Practise Committee is established pursuant to rules made under section 11 , that subcommittee may perform any of the functions of that Committee as if it were the Fitness to Practise Committee, and every reference in this Act to the Fitness to Practise Committee shall, unless the context otherwise requires, be construed as including a reference to that subcommittee.

( d ) Neither paragraph (b) nor (c) shall be construed as entitling a subcommittee referred to in that paragraph to itself establish a subcommittee.

(16) Where the term of office of one or more members of a committee ends during the consideration of a matter, including the consideration of a complaint under Part 7 or 8 , the Council shall decide—

( a ) that the member or members may continue in office beyond the expiration of his or her term, or their terms, for so long as is required for the committee to finish consideration of the matter,

( b ) that the committee, as constituted without that member or those members, shall continue to consider that matter provided that the committee can achieve a quorum, or

(c) that the consideration of that matter be stopped and that a new constituted committee begin to consider the matter once the vacancy or vacancies created by the expiration of the term or terms has or have been filled,

and any decision of the committee on that matter following the Council’s decision shall be valid as if no term of office had so expired.

(17) On the expiration of the term of office as a Council member of a person who is a member of a section 20(2) committee, that member may continue in office as a member of that committee beyond the expiration of the term so long as it is required for the committee to finish the consideration of a matter being considered by it on the date of that expiration, and the decision of the committee on that matter concerned shall be as valid as if the term of office as a member of the Council had not expired.

(18) The Council may dissolve a committee other than a section 20(2) committee. ]