| STATUTORY
INSTRUMENTS |
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| The
General Medical Council (Fitness to Practise) (Amendment in Relation
to Standard of Proof) Rules Order of Council 2008 |
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Made |
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1st May 2008 |
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Laid before Parliament |
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8th May 2008 |
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Coming into force |
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31st May 2008 |
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At the Council Chamber, Whitehall, the 1st day of May 2008
By the Lords of Her Majesty’s Most Honourable Privy Council |
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The General Medical Council
have made the General Medical Council (Fitness to Practise)
(Amendment in Relation to Standard of Proof) Rules 2008,
which are set out in the Schedule to this Order, in exercise
of the powers conferred by section 43 of, and paragraph
1(1) of Schedule 4 to, the Medical Act 1983(1). |
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Before making the Rules, in
accordance with paragraph 1(6) of that Schedule, the General
Medical Council consulted such bodies of persons representing
medical practitioners, and such descriptions of medical
practitioners, as appeared to them requisite to be consulted. |
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By virtue of paragraph 1(7)
of that Schedule, such Rules shall not come into force
until approved by Order of the Privy Council. |
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Their Lordships, having taken
these Rules into consideration, are pleased to and do
approve them. |
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This Order may be cited as
the General Medical Council (Fitness to Practise) (Amendment
in Relation to Standard of Proof) Rules Order of Council
2008 and shall come into force on 31st May 2008. |
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Judith Simpson
Clerk of the Privy Council |
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| SCHEDULE |
| The
General Medical Council (Fitness to Practise) (Amendment in Relation
to Standard of Proof) Rules 2008 |
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The General Medical Council
make the following Rules in exercise of the powers conferred
by section 43 of, and paragraph 1(1) of Schedule 4 to,
the Medical Act 1983. |
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Before making the Rules, in
accordance with paragraph 1(6) of that Schedule, the General
Medical Council consulted such bodies of persons representing
medical practitioners, and such descriptions of medical
practitioners, as appeared to them requisite to be consulted. |
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Citation
and commencement |
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These
Rules may be cited as the General Medical Council (Fitness
to Practise) (Amendment in Relation to Standard of Proof)
Rules 2008 and shall come into force on 31st May 2008. |
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Amendment
to the General Medical Council (Fitness to Practise) Rules
2004 |
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In
the General Medical Council (Fitness to Practise) Rules
2004(2) in rule 34 (evidence) after paragraph (11), add
the following paragraph— |
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“(12) |
The standard of proof applicable
in any proceedings— |
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(a) |
before a FTP Panel where the
allegation and the alleged facts are read out by the person
acting as secretary in accordance with rule 17(2)(c) on
or after 31st May 2008; and |
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(b) |
before the Investigation Committee
where the Presenting Officer begins to outline the allegation
and the facts in accordance with rule 11(7) on or after
31st May 2008, |
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is that applicable to civil
proceedings.”. |
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Given under the official seal
of the General Medical Council on 24th April 2008. |
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| EXPLANATORY
NOTE |
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note is not part of the Order) |
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This Order approves an amendment
made by the General Medical Council to the General Medical
Council (Fitness to Practise) Rules 2004. The effect of
the amendment is to apply the standard of proof which
is applicable to civil proceedings to all proceedings
before a Fitness to Practise Panel or the Investigation
Committee which commence on or after 31st May 2008. |
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