Medical Practitioners Act 2007

59.

Consideration of complaints by Preliminary Proceedings Committee.

59.— (1) The Preliminary Proceedings Committee shall, as soon as is practicable after receiving a complaint, consider whether there is sufficient cause to warrant further action being taken in relation to the complaint.

F128 [ (1A) The Preliminary Proceedings Committee may, for the purposes of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered medical practitioner the subject of the complaint that arise from its investigation of the complaint as it considers appropriate and references to a complaint in this section (other than subsection (10) ), in the definitions of allegation and inquiry in section 2 and in sections 7(2)(j) , 11(2)(g) , 20(2), 52(3)(a) , 60 to 65 , 67 to 71 and 79(2) shall be construed as including references to any such matter. ]

(2) Where the Preliminary Proceedings Committee considers that a complaint is proper to the procedures of another body or authority, including any scheme which may be in place pursuant to Part 9 of the Health Act 2004, it may inform the complainant of its view that the complaint is proper to such other procedures.

(3) The Preliminary Proceedings Committee may, by notice in writing given to a complainant, do one or more than one of the following:

( a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

( b) request the complainant to supply to the Committee, within a reasonable period specified in the notice, more information relating to the matter the subject of the complaint;

( c) require that information requested under paragraph (b) be supplied by the complainant by means of a statutory declaration.

(4) The Preliminary Proceedings Committee may refuse to consider or further consider a complaint if the complainant, without reasonable excuse, does not comply with a notice under subsection (3) given to the complainant.

(5) The Preliminary Proceedings Committee shall give notice in writing to the registered medical practitioner the subject of a complaint of the complaint, its nature and the name of the complainant.

(6) The registered medical practitioner the subject of a complaint may supply to the Preliminary Proceedings Committee any information that the practitioner believes should be considered by the Committee or the Fitness to Practise Committee.

(7) The Preliminary Proceedings Committee may, by notice in writing given to a registered medical practitioner the subject of a complaint, require the practitioner to supply the Committee, within a reasonable period specified in the notice, with such information relating to the complaint as is specified in the notice.

(8) A registered medical practitioner shall comply with a notice under subsection (7) given to the practitioner.

(9) The Preliminary Proceedings Committee shall, before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to a complaint, or whether the complaint should be referred to another body or authority, consider—

( a) any information supplied under this section concerning the complaint, and

( b) whether the complaint is trivial or vexatious or without substance or made in bad faith.

(10) Where a complaint is withdrawn while it is being considered by the Preliminary Proceedings Committee, the Committee may, with the Council’s agreement—

( a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

( b) proceed as if the complaint had not been withdrawn.

(11) Subsections (1)(c) , (2) (in so far as it relates to the production of records) and (9) of section 66 shall apply to and in relation to the Preliminary Proceedings Committee and the chairperson of that Committee as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee.

Annotations

Amendments:

F128

Inserted (21.12.2007) by Health (Miscellaneous Provisions) Act 2007 (42/2007), s. 18, commenced on enactment.

F129

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 112(a), (d) and (f), not commenced as of date of revision.

F130

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 112(b), not commenced as of date of revision.

F131

Deleted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 112(c) and (e), not commenced as of date of revision.

Modifications (not altering text):

C54

Prospective affecting provision: subss. (1), (1A), (10) and (11) amended, subss. (3)-(8) deleted, and subss. (9A) and (9B) inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 112, not commenced as of date of revision.

59.— (1) The Preliminary Proceedings Committee shall, as soon as is practicable after receiving a complaint F129 [ and investigation report and any other information from the chief executive officer ], consider whether there is sufficient cause to warrant further action being taken in relation to the complaint.

F128 [ (1A) The Preliminary Proceedings Committee may, for the purposes of considering whether there is sufficient cause to warrant further action being taken in relation to a complaint, take account of such matters relating to the registered medical practitioner the subject of the complaint that arise from F130 [ the investigation of the complaint and the investigation report and other information as it considers ] appropriate and references to a complaint in this section (other than subsection (10) ), in the definitions of allegation and inquiry in section 2 and in sections 7(2)(j) , 11(2)(g) , 20(2), 52(3)(a) , F130 [ 59A to 65 ] , 67 to 71 and 79(2) shall be construed as including references to any such matter. ]

(2) Where the Preliminary Proceedings Committee considers that a complaint is proper to the procedures of another body or authority, including any scheme which may be in place pursuant to Part 9 of the Health Act 2004, it may inform the complainant of its view that the complaint is proper to such other procedures.

(3) F131 [ ]

(4) F131 [ ]

(5) F131 [ ]

(6) F131 [ ]

(7) F131 [ ]

(8) F131 [ ]

(9) The Preliminary Proceedings Committee shall, before forming an opinion on whether there is sufficient cause to warrant further action being taken in relation to a complaint, or whether the complaint should be referred to another body or authority, consider—

( a) any information supplied under this section concerning the complaint, and

( b) whether the complaint is trivial or vexatious or without substance or made in bad faith.

F129 [ (9A) Where the Preliminary Proceedings Committee is of the opinion that additional information or an additional investigation, or both, is or are required concerning a complaint, it shall advise the chief executive officer that it is of that opinion.

(9B) Where the chief executive officer is advised under subsection (9A) , he or she shall—

( a ) seek to obtain the additional information required and give it to the Preliminary Proceedings Committee, or

( b ) ensure that the additional investigation required is undertaken and the further investigation report arising from the additional investigation is given to the Preliminary Proceedings Committee,

or both if so required by that advisement. ]

(10) Where a complaint is withdrawn while it is being considered by the Preliminary Proceedings Committee, the Committee may F131 [ ]

( a) decide that no further action is to be taken in relation to the matter the subject of the complaint, or

( b) proceed as if the complaint had not been withdrawn.

(11) Subsections (1)(c), (2) (in so far as it relates to the production of records) and (9) of section 66 shall apply to and in relation to the Preliminary Proceedings Committee and the chairperson of that Committee as those subsections apply to and in relation to the Fitness to Practise Committee and the chairperson of the Fitness to Practise Committee F129 [ and the other provisions of section 66 (including subsections (4) to (6) ) shall, with all necessary modifications, be construed accordingly ].