Regulation of Health and Social Care Professionals Consultation

Question 9-16: Should the statute provide for special measures that can be
directed by the Panel in relation to witnesses eligible for assistance, such as
screening witnesses from the accused, evidence by live link, evidence in
private, video recoded evidence, video cross examination, examination
through intermediary, and aids to communication?
INTERIM ORDERS
9.74 All of the regulators have powers to impose and review Interim Orders. These
orders typically enable temporary sanctions to be imposed on a practitioner while
the regulator investigates the allegation made against them or while a case is
adjourned, even though no case has been proved against them.
Types of Interim Orders
9.75 There are two types of Interim Orders.
(1) an order for interim conditional registration which allows the registrant to
continue practising but in a limited capacity; and
(2) an interim suspension order which prevents the registrant from practising
at all until there is a final determination of their case.
9.76 At most of the regulators, Interim Orders take effect immediately, can be imposed
for up to 18 months, and must be reviewed every 6 months or where new
evidence comes to light. In addition, some regulators allow for early reviews to
take place in certain cases and/or enable the practitioner to request an early
review following a set period of time. If the General Medical Council wishes to
extend an order beyond the period initially set, then it must apply to the court. 53
Hearings
9.77 All of the regulators provide for a formal hearing when an Interim Order is being
imposed or reviewed. As noted above, hearings are usually in private but they
can be held in public in certain circumstances. At some regulators there is a
dedicated Interim Orders Panel. These panels are typically the same in
composition as Fitness to Practise Panels, and as well as applications for Interim
Orders, they undertake reviews of Interim Orders. Some regulators do not have a
dedicated Panel, and Interim Orders are considered only by the Fitness to
Practise Panel, Health Committee and/or Investigation Committee. 54 A Fitness to
Practise Panel may impose such orders if, for example, it adjourns a case and
considers that it is necessary to do so pending its resumed consideration of the
matter.
9.78 At many regulators the rules provide that no person may give oral evidence
unless the panel thinks that such evidence is desirable. 55 This is on the basis that
53 Medical Act 1983, s 41A(6).
54 For example, the Health Professions Council and Nursing and Midwifery Council.
55
See, for example, General Medical Council (Fitness to Practise) Rules Order of Council
2004, SI 2004 No 2608, r 27(2).
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