Statutory Instruments
2015 No. 1952 (C. 120)
Health Care And Associated Professions
Doctors
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 (Commencement No. 2 and Transitional Provisions) Order of Council 2015
Made
1st December 2015
At the Council Chamber, Whitehall, the 1st day of December 2015
By the Lords of Her Majestyβs 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( 1 ).
Citation and interpretation
1. β(1) This Order may be cited as 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 (Commencement No. 2 and Transitional Provisions) Order of Council 2015.
(2) In this Order, βthe 2015 Orderβ 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 day
2. 31st December 2015 is the day appointed for the coming into force of the following articles of the 2015 Orderβ
(a) 2(1) to (3), (5) and (6);
(b) 3(1) to (2);
(c) 4(1), (2) and (6) to (11);
(d) 5 and 6;
(e) 8(1), (3), (4) and (7) to (14);
(f) 9(2);
(g) 10(1)(a), (3) (in so far as it is not already in force) and (5) to (12);
(h) 11(5)(a), (8)(b) and (c) and (9) to (13);
(i) 12(3) to (8) and (10) to (17);
(j) 13(1) to (3), (5) and (6);
(k) 14 (in so far as it is not already in force);
(l) 15 to 20;
(m) 21(10);
(n) 22(2); and
(o) 23 to 26.
Schedule
3. The Schedule to this Order, which makes transitional provisions, shall have effect on 31st December 2015.
Richard Tilbrook
Clerk of the Privy Council
article 3
SCHEDULE TRANSITIONAL PROVISIONS
Fitness to Practise Panel and Interim Orders Panel
1. Where a practitioner is subject to proceedings that were commenced prior to 31st December 2015 before a Fitness to Practise Panel or Interim Orders Panel, anything done by or in relation to that panel so far as relating to that practitioner and those proceedings, is to be treated as done by or in relation to a Medical Practitioners Tribunal or, as appropriate, an Interim Orders Tribunal and the appropriate tribunal is to make such arrangements as it considers necessary for the continuation and determination of those proceedings.
Appeals and References
2. Article 17 (appeals by the General Medical Council) of the 2015 Order (which inserts new sections 40A and 40B into the Medical Act 1983 ( 2 ) ) shall only apply to relevant decisions as referred to in section 40A(2) of that Act made on or after 31st December 2015.
3. Article 18 (references to court by the Professional Standards Authority for Health and Social Care) of the 2015 Order shall only apply toβ
(a) (in so far as it amends section 29 of the National Health Service Reform and Health Care Professions Act 2002 ( 3 ) ) relevant decisions as referred to in section 29(3) of that Act made on or after 31st December 2015;
(b) (in so far as it inserts new section 29A of the National Health Service Reform and Health Care Professions Act 2002) relevant decisions as referred to in section 29(8) of that Act made on or after 31st December 2015.