Council
21-22 May 2002
13f
To consider
Draft Section 60 Order and Consultation Paper
Issue
1.
The draft of a section 60 Order to amend the Medical Act 1983 in order to
enable us to introduce a package of reforms, and the associated consultation paper
issued by the Department of Health.
Recommendations
2.
a.
To welcome the consultation paper and to note the content of the draft
Order (paragraph 19).
b.
To agree that the President's Advisory Committee should consider the
terms of the GMC's response to the consultation, and that relevant policy
committees should also be involved (paragraph 19).
Further information
3.
Finlay Scott
Isabel Nisbet
Alan Howes
020 7915 3563
020 7915 3575
020 7915 3572
email: [email protected]
email: [email protected]
email: [email protected]
Background
4.
Last year Council approved a series of reforms requiring changes to the
primary legislation governing our work - the Medical Act 1983. The proposed reforms
cover:
a.
The constitution and governance of the Council.
b.
Fitness to practise.
c.
Revalidation and the introduction of a licence to practise.
d.
Interim reforms in some areas of our registration work.
5.
The Government has supported our proposals for change and has agreed to
provide the necessary legislation by means of an Order under section 60 of the
Health Act 1999. Essentially, that section enables the primary legislation governing
the work of professional regulatory bodies to be amended by an order in the Privy
Council - a much quicker process than seeking amending primary legislation.
6.
The Medical Act 1983 applies in all four countries of the United Kingdom, and
the changes introduced by the section 60 Order will similarly apply across the UK.
7.
During the first few months of this year, we have been working on the draft
Order with officials at the Department of Health in England. The draft was published
on Monday 20 May 2002, together with a consultation paper prepared by the
Department. That paper has a Foreword signed jointly by the Minister of State for
Health and the President.
8.
The reforms come as a result of proposals put to Government by the GMC
and reflect the policies agreed by Council last year following extensive consultation
with patient groups and the profession. They will deliver a new, more effective and
more accountable GMC designed to meet the requirements society places on
regulatory bodies.
9.
Copies of the consultation paper and draft Order are attached at Annex A.
Discussion
Nature and content of the draft section 60 Order
10.
The consultation paper includes, on pages 15 to 18, a brief summary of the
content of the draft Order. A more detailed summary, prepared in this office, is at
Annex B.
11.
It is important to note that the draft Order, to amend the primary legislation,
contains only as much detail as is necessary to enable us to introduce our reforms.
Other subsidiary legislation will then be needed, setting out the detail.
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12.
For example, with regard to constitution and governance, the section 60 Order
as drafted does not set out the precise constitution of the reformed Council; another
subsidiary order will be needed to do this. However, the section 60 Order will enable
us to increase the number of constituencies in England, it will limit the maximum
number of members to 35, and it will preserve the principle of an overall majority of
elected medical members.
13.
Similarly, we will need new detailed fitness to practise rules, before we can
fully implement our fitness to practise reforms. However, the section 60 Order will
establish a number of principles and basic processes. For example it will establish
that, in the future, our fitness to practise jurisdiction will cover any case where it
appears that a doctor's fitness to practise is impaired. It will also will set up fitness to
practise panels, made up of non-GMC members, in place of the existing Professional
Conduct Committee, Health Committee, Committee on Professional Performance
and Assessment Referral Committee. Interim Orders Panels will replace the Interim
Orders Committee.
14.
There will of course be opportunity for members to debate the detailed
proposals at future meetings.
15.
Similar principles will apply to the revalidation and interim registration reforms.
Procedure and timing
16.
After a period of at least three months has elapsed from publication of the
draft section 60 Order, the draft, amended in the light of the consultation, will be
debated in each of the two houses of Parliament. Unless Parliament rejects the
Order, Her Majesty will then be invited to make the Order in the Privy Council.
17.
Subject to pressure of Parliamentary business, we would expect that
Parliament will consider the draft Order in the autumn, and that the Order will be
made in November or December 2002.
18.
The joint foreword to the consultation paper includes the following element of
particular importance to us:
a.
It explicitly states at the beginning (second sentence) that the
proposals for reform have been developed by the GMC
b.
It includes a strong reference to the GMC's role in all stages of medical
education
c.
It reaffirms that the regulatory bodies will remain accountable to
Parliament.
19.
The fact of the joint foreword in no way detracts from the fact that this is the
Government's consultation paper, and the GMC will need to consider how and
whether to submit a formal response to the consultation. The best mechanism for
doing so is probably the President's Advisory Committee, but we would also seek to
involve the relevant policy committees on specific aspects. Meanwhile discussions
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with the Department of Health continue, including some on some points of detail
which are not in the draft order but could be included in the final version.
Recommendations:
a.
To welcome the publication of the consultation paper and to note the
content of the draft Order.
c.
To agree that the President's Advisory Committee should consider the
terms of the GMC's response to the consultation, and that relevant policy
committees should also be involved.
Resource implications
20.
None in this paper itself. Council has already recognised that the reforms to
be enabled by the proposed legislation will have profound implications in terms of
our financial, human and other resources. In some areas there will be savings and in
others costs will increase. As each of the reforms proceeds and detailed proposals
are put forward for approval, the implications for resources will be spelled out.
Compatibility with our charitable status and with charity law
21.
We will seek legal advice to confirm that there are no provisions in the draft
Order which would be incompatible with our charitable status and with charity law.
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