Interim Orders Tribunal and Interim Measures Tribunals (Advocacy Services)

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Description

Section 41A of the Medical Act 1983 (as amended) provides the power for an Interim Order Tribunal (IOT) of the Medical Practitioners Tribunal Service (MPTS) to impose an interim order of suspension or conditions on a doctor’s registration where such an order is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the practitioner. Similarly, Article 11 of the Anaesthesia Associates and Physician Associates Order 2024 provides the power for an Interim Measures Tribunal (IMT) of the MPTS to impose an interim order of suspension or conditions on an anaesthesia associate’s or physician associate’s registration where such an order is necessary for the protection of members of the public or is otherwise in the public interest, or is in the interests of the associate. Under both an IOT and IMT an interim order/measure, for an initial period of up to 18 months, may be imposed. At the end of the initial period, the interim order/measure may be extended by the High Court, on application by the GMC. Any extension is for a maximum of 12 months, although there is no limit on the number of extensions that may be sought. The legislation requires that once an interim order/measure has been imposed, it is reviewed at regular intervals (normally every 6 months), both before and after any extension authorised by the High Court. The GMC are currently engaged in regulatory reform and at some point (probably not within the duration of this contract) the legislation which currently governs IOT’s may become more aligned (including in terms of naming convention) with IMT’s. None of that on-going regulatory reform is expected to impact on this contract. The only point of note relevant to this contract is that the MPTS currently elect to empanel an IMT separately from an IOT. It is possible that the MPTS may at some point during the term of this contract choose to ask an empaneled IOT to sit as an IMT. Because IMT hearings are so infrequent (see below) the current MPTS approach means that if an advocate is instructed in an IMT they are likely to only have one case allocated to their list that day.

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