Step 1b: consider if it remains necessary to restrict the doctor’s registration
Does it remain necessary to restrict the doctor’s registration?
- To decide whether it remains necessary to restrict the doctor’s registration, the tribunal should consider whether one or more parts of the test for imposing an interim order are met. The test for imposing an interim order is whether it is necessary for the protection of the public or is otherwise necessary in the interests of the public and/or in the interest of the doctor.10
- When making their decision, the tribunal should have regard to the general principles in the following sub-sections of Part A of Section two: IOT hearings:
- The tribunal should also refer to the guidance in the specific case types section in Part A.
The tribunal’s decision on whether an interim order remains necessary
- The tribunal should give clear and adequate reasons for its conclusion on whether an interim order remains necessary to enable the doctor to understand their decision. In doing so, the tribunal must provide a clear explanation about their assessment of risk based on the full circumstances of the case which include the previous decision(s) and any new information available.
- Where the tribunal concludes that an interim order remains necessary, they should state which parts of the test for imposing an interim order have been met.
- Where the tribunal concludes that an interim order no longer remains necessary, they should revoke the interim order of conditions or suspension that is currently in place on the doctor’s registration.
- In all cases, the tribunal should explain how their decision relates to any submissions received from the parties. In a review on the papers, the tribunal or tribunal chair should confirm if they are satisfied with the basis of the agreement provided by the parties.
10 Section 41A(1) of the Medical Act 1983 (as amended).