Medical Practitioners Act 2007

61.

No further action or referral of complaint to another body or authority or to professional competence scheme.

61.— (1) Where the Preliminary Proceedings Committee is, in respect of a complaint, of the opinion that—

( a) there is not sufficient cause to warrant further action being taken in relation to the complaint,

( b) the complaint should be referred to another body or authority or to a professional competence scheme, or

( c) the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines prepared under section 62(1) ,

it shall inform the Council of that opinion.

(2) The Council may, after considering an opinion referred to in subsection (1) in respect of a complaint—

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

( b) direct the Preliminary Proceedings Committee to refer the complainant to another body or authority,

( c) refer the complaint to a professional competence scheme,

( d) refer the complaint for resolution by mediation or other informal means, or

( e) if it considers it necessary to do so, direct that further action be taken under section 63 .

(3) Where the Council, in respect of a complaint, makes a decision referred to in subsection (2)(a) or a referral referred to in subsection (2)(b) or (d), the Council shall give notice in writing of the decision or referral, as the case may be, to—

( a) the registered medical practitioner the subject of the complaint, and

( b) the complainant in any case where the Council is not the complainant.

Annotations:

Amendments:

F136

Substituted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 115(a) and (b)(i), not commenced as of date of revision.

F137

Inserted by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 115(a) and (b)(ii), not commenced as of date of revision.

Modifications (not altering text):

C57

Prospective affecting provision: subs. (1)(b) substituted, subs. (1)(ba) inserted and subs. (2)(b) and (c) amended by Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), s. 115, not commenced as of date of revision.

61.— (1) Where the Preliminary Proceedings Committee is, in respect of a complaint, of the opinion that—

( a) there is not sufficient cause to warrant further action being taken in relation to the complaint,

F136 [ ( b ) the complaint should be referred to another body or authority, ]

F137 [ ( ba ) the medical practitioner the subject of the complaint should be referred to a professional competence scheme, or ]

( c) the complaint is one that could be resolved by mediation or other informal means pursuant to guidelines prepared under section 62(1) ,

it shall inform the Council of that opinion.

(2) The Council may, after considering an opinion referred to in subsection (1) in respect of a complaint—

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

( b) direct the Preliminary Proceedings Committee to refer the F136 [ complaint ] to another body or authority,

( c) refer the F137 [ medical practitioner the subject of the ] complaint to a professional competence scheme,

( d) refer the complaint for resolution by mediation or other informal means, or

( e) if it considers it necessary to do so, direct that further action be taken under section 63.

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