Transitional arrangements
The test for cases heard under the transitional arrangements is not 'impaired fitness to practise' but, as appropriate, 'serious professional misconduct', 'serious deficient performance' and 'seriously impaired fitness to practise by reason of a physical or mental condition'.
Therefore, the references to ‘impaired fitness to practise' in paragraphs 8 – 11 (page S1-2) of the revised Indicative Sanctions Guidance do not apply.
Where Panels hear cases under the transitional arrangements the following sanctions are available:
GMC's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988
Finding of serious professional misconduct
- Reprimand
- Conditional registration (maximum 3 years)
- Suspension (up to 12 months) and, as appropriate Immediate Suspension
- Erasure and, as appropriate Immediate Suspension
Resumed hearings
- No further direction
- Revoke, with immediate effect, conditions or suspension previously imposed
- Extend current period of conditions (and, where appropriate, vary conditions) for a period of no more than 12 months
- Suspend registration for a period not exceeding 12 months
- Erasure and, as appropriate, Immediate Suspension
GMC's (Professional Performance) Rules 1997
Finding of serious deficient performance
- Conditional registration (maximum of 3 years)
- Suspension (maximum of 12 months)
Resumed hearing
- No further direction
- Revoke, with immediate effect, conditions or suspension previously imposed
- Extend period of conditions (and where appropriate vary any of the conditions) for a period not exceeding 3 years
- Suspend registration for a period not exceeding 12 months
- Extend period of suspension for a period not exceeding 12 months
- Extend period of suspension indefinitely where the period of suspension on the date on which the direction takes effect has lasted for at least 2 years and where the direction is made not more than 2 months before the date on which the period of suspension would otherwise expire.
The General Medical Council's Health Committee (Procedure) Rules Order of Council 1987 – 97
Finding that doctor's fitness to practise is seriously impaired by reason of his/her physical or mental condition
- Conditional registration (maximum 3 years)
- Suspension (maximum 12 months) and, as appropriate, Immediate Suspension
Resumed hearings
- No further direction
- Revoke conditions or suspension previously imposed on registration
- Extend the period of conditions or suspension for a further period not exceeding 12 months
- Extend the period of suspension indefinitely where the doctor has previously been suspended for a period of at least two years
In addition, in those cases the following sections of the Indicative Sanctions Guidance for Fitness to Practise Panels (April 2005) do not apply:
- Undertakings (S1-4, paragraphs 20 – 21 and S1-12)
- Immediate conditions (S1-10, paragraph 50)
- Issuing a warning (S2-1, paragraphs 1 – 4)
- Annex A (Guidance issued with the GMC (Fitness to Practise) Rules 2004
Download the relevant documents
Schedule 2 of the Medical Act 1983 (Amendment) Order 2002 contains the transitional arrangements governing those fitness to practise cases opened under the previous procedures and not concluded before 1 November 2005.
Under those transitional arrangements, Fitness to Practise Panels will hear some cases under Sections 36, 36A, 37 and 38 of the Medical Act 1983 (effective prior to 1 November 2004) (614k, 
pdf), and the GMC's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988, The GMC's (Professional Performance) Rules 1997 and the Health Committee (Procedure) Rules 1987 – 97, as appropriate.
