Fitness to Practise legislation
Investigation and adjudication
Fitness to Practise Rules 2004
The Medical Act gives the GMC powers and responsibilities for taking action when questions arise about doctors’ fitness to practise.
The detailed arrangements for how these matters are investigated and adjudicated upon are set out in rules. These rules have the force of law.
View the GMC (Fitness to Practise) Rules 2004 (145kb pdf)
These rules incorporate amendments which were made in 2009.
Guidance to Fitness to Practise Rules 2004
We have provided some guidance to accompany these rules. The guidance has no legal authority. It is, however, intended to provide an overview of the procedures and how they operate.
Guidance to the FtP Rules (pdf)
Panels and Committees
Some complaints and information received by the GMC are referred for consideration by a committee or by a panel. The arrangements for the composition of the committee or panel are described in statutory rules.
View the General Medical Council (Constitution of Panels and Investigation Committee) Rules Order of Council 2004 (OPSI website) (opens in a new window).
Minor changes to the 2004 rules were made in 2005, 2009 and 2010. The changes are shown below:
General Medical Council (Constitution of Panels and Investigation Committee) Rules Order of Council 2005 (OPSI website) (opens in a new window).
The General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules Order of Council 2009 (pdf)
The General Medical Council (Constitution of Panels and Investigation Committee) (Amendment) Rules 2010
The above rules also cover the composition of Registration Appeals Panels (Registration Appeals Panels 91kb, pdf)
Legal Assessor rules
The panels and committees that consider matters relating to doctors’ fitness to practise are accompanied by a senior lawyer, known as a Legal Assessor.
The job of the Legal Assessor is to advise the committee or panel on points of law. The role and functions of the Legal Assessor are set out in rules:
The General Medical Council (Legal Assessor) Rules 2004 (OPSI website) (opens in a new window).
The Legal Assessor Rules were updated in 2005 to provide for Legal Assessors also to support Registration Appeals Panels. The amending Rules are below:
The General Medical Council (Legal Assessor) (Amendment) Rules 2005 (pdf)
Decisions by other regulatory bodies
If a doctor is disqualified from practice in another European State, this may affect his or her registration in the UK. The Medical Act provides for rules to be made covering the procedures for handling such cases.
View the General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies) Procedure Rules Order of Council 2004 (OPSI website) (opens in a new window).
Minor amendments to these rules were made on 16 November 2009 by The General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies Procedure) (Amendment) Rules Order of Council 2009. The amendments are below:
The General Medical Council (Fitness to Practise) (Disqualifying Decisions and Determinations by Regulatory Bodies Procedure) (Amendment) Rules Order of Council 2009 (pdf)
Disclosure and Barring Services
The GMC has statutory powers to refer doctors who may pose a risk to vulnerable adults or children to the Disclosure & Barring Service (DBS) in England, Wales and Northern Ireland (Safeguarding Vulnerable Groups Act 2006) and to Disclosure Scotland under the Protecting Vulnerable Groups Act as amended. The DBS or Disclosure Scotland considers the information it receives to decide whether it is appropriate to bar the person from working or volunteering with vulnerable adults and children. For more information about how we decide when to share information with the DBS and DS please see below.