Who makes the decisions?
At least three people must sit on the Panel. In addition to a chair, who is a legally qualified person, it must include at least one registrant and one lay (non-registrant) panel member. A registrant panel member can be a doctor, a PA or an AA. Occasionally, in order to expedite proceedings, the Panel may comprise a chair and either two registrant members or two lay members.
The chair who is a legally qualified person and the panel members are selected from a pool of panel members appointed and maintained by the GMC.
What do they do?
Panel members:
- make impartial decisions based on the evidence
- give reasons for their decisions and follow legislation
Criteria for appointment of a legally qualified person
Rule 21(1) of the GMC (Internal Appeals)(Anaesthesia Associates and Physician Associates) Rules 2024 (‘the Internal Appeals rules’) requires the setting and publication of the criteria which a person must satisfy in order to be eligible for selection to serve as a legally qualified person (LQP) of an Appeal Panel.
This document constitutes the publication of those criteria.
Legally qualified persons
LQPs must be over the age of 18 at the time of appointment. There is no maximum age for appointment. No individual may be an LQP of an Appeal Panel where this is not compatible with rule 21 of the Internal Appeals rules.
Qualifications and experience
The qualifications and experience that a LQP must have are:
- To fulfil the role of a barrister, chartered legal executive or solicitor in England and Wales; an advocate or solicitor in Scotland; or a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland; and
- To have five years post qualification experience; and,
- To meet the current requirements of the relevant regulator for their profession in terms of current practising arrangements (if you hold a suitable judicial1 or quasi-judicial2 appointment you may not be required to hold a current practising certificate).
1For example a judicial appointment within His Majesty’s Courts and Tribunals Service, the Scottish Courts and Tribunals Service or the Northern Ireland Courts and Tribunals Service
2An example would be a legally qualified chair at another regulator