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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

General Medical Council

Website http://www.gmc-uk.org
Tribunal rules The Medical Act 1983, and related rules, in particular, GMC (Fitness to Practise) Rules 2004, 2004/2608 GMC(Fitness to Practise) Rules 2004
Code of Standards etc Duties of a doctor
Good medical practice
Grounds for disciplinary proceedings Duties of a doctor
Good medical practice
Criminal conviction
Powers of administrative suspension? Yes, by the Interim Orders Panel
Settlement/conciliation procedures available? No, but Fitness to Practise Panels may accept undertakings
Who investigates? GMC investigation staff
Power of entry/search and seizure? No
Power to demand information? Yes, under 35A of the Medical Act 1983
Pre-trial hearing? Yes, case management provisions under r 16 of the Fitness to Practise Rules 2004
Discovery of documents? Yes, can be ordered as part of case
Pleadings? Charges only, no formal pleadings
Tribunal Fitness to Practise Panels
Address The Registrar
General Medical Council
178–202 Great Portland Street
London W1W5JE
Legally qualified chairman? No
Tribunal includes lay element? Yes
Tribunal has legal assessor/clerk? Yes
Evidence heard on oath? Yes
Prosecution conducted in name of General Medical Council
Prosecution usually conducted by GMC staff or an external solicitor or barrister
Judicial rules of evidence apply? In modified form
Standard of proof Criminal
Maximum fine No power to fine
Costs against prosecutor? No
Power to order compensation? No power to order compensation
Proceedings open to public? Yes, except where considering doctor’s health or interim orders
Reasons given for decisions? Yes
Where are decisions reported? Decisions published on GMC website
Alternative to full disciplinary proceedings? No, but undertakings may be agreed
Ombudsman No
Appellate tribunal Administrative Division of the High Court
Is right of appeal limited? Any decision affecting a doctor’s registration is subject to appeal by the doctor or by the Commission for Healthcare Regulatory Excellence
Costs against prosecutor? Yes
Right of appeal to prosecutor? No

 

Examples of Disciplinary Codes »