General introduction
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The role of an interim orders tribunal (IOT) is to consider whether a doctor’s registration should be restricted on an interim basis. This is usually done to protect the public or in the public interest while concerns or allegations about a doctor’s fitness to practise are being considered. An IOT can also put an interim order in place where it is in the doctor’s own interests.
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An IOT can make an interim order for a period of up to 18 months. It may impose conditions on, or suspend, the doctor’s registration.
- When deciding if an interim order is needed the IOT will:
- decide if one or more parts of the test for imposing an interim order is met, and where it is,
- decide what is the proportionate interim order to make.
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To decide if one or more parts of the test for imposing an interim order is met, the IOT will assess the risk arising from the information referred and decide if it is necessary to restrict the doctor’s registration on an interim basis while the concern or allegation is being considered. Where the IOT concludes it is necessary to restrict the doctor’s registration, they will need to decide what the proportionate response is. This includes deciding on the type of interim order and the length of time the order should be made for.
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Further information about the approach taken to deciding if an interim order is needed can be found in Part A of this section of the guidance on Considering interim orders.
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Where an interim order has been imposed, it must be reviewed by an IOT at specific intervals. Further information about the approach taken to reviewing an interim order can be found in Part B of this section of the guidance on Reviewing interim orders.
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A medical practitioners tribunal (MPT) can impose an interim order during an MPT hearing. They can also revoke or vary any condition imposed under an interim order, replace an interim order with a different interim order, or simply revoke an existing interim order that has previously been imposed.1
- Hearings to consider an interim order are heard in private, although they may be heard in public in certain circumstances. During an MPT hearing, an interim order can be revoked in public.
1 Section 41A(3) of the Medical Act 1983 (as amended).