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Procedural matters relating to tribunal hearings

Quorum, recusal and substitution

  1. A tribunal will usually be constituted of three members. 

  2. A tribunal or individual tribunal member may at any time, either of their own volition or on the application of a party, identify the need to recuse themselves from participating further in a hearing. Any decision for recusal must be determined by the tribunal. 

  3. Where a tribunal becomes inquorate for any reason, including recusal, the hearing will adjourn immediately as the tribunal will be unable to make any further decisions. 

  4. Where a tribunal becomes inquorate for any reason, including recusal, once the hearing has been adjourned two decisions will be made. 
    • A decision by the MPTS regarding substitution, or whether to convene a freshly constituted tribunal, considering the interests of justice and any submissions from the parties,41. 
    • The decision, after hearing submissions from the parties, as to the arrangements for resuming the hearing.42 
  1. Where a substitution is made and the hearing continues, the proceedings are still valid notwithstanding the change in tribunal constitution.43 

41 Rule 8 of The General Medical Council (Constitution of Panels, Tribunals and Investigation Committee) Rules Order of Council 2015. 

42 Rule 29 (5).

43 Paragraph 3 of Schedule 4 to the Medical Act 1983 (as amended) and Rule 8 of the General Medical Council (Constitution of Panels, Tribunals and Investigation Committee) Rules 2015.