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  5. Procedural matters relating to tribunal hearings
  6. Service of notice
Procedural matters relating to tribunal hearings

Service of notice

  1. The Fitness to Practise Rules 2004 (‘the Rules’) require certain notices to be served on a doctor before a hearing takes place.2 Rule 40 specifies the methods of service that can be used, and how service can be proved. 

Notice from the MPTS

  1. For all types of MPTS hearings, a doctor will receive a notice of hearing from the MPTS confirming the date, time and venue of the hearing. Hearings will usually take place virtually or at the MPTS hearing centre at St James’s Buildings in Manchester

  2. The notice will set out that the doctor has the right to attend the hearing and be represented. It will warn the doctor that if they do not attend, then the hearing may still go ahead. The notice will also inform the doctor that they can provide written submissions for the tribunal if they wish to do so. 

  3. A tribunal will not proceed in a doctor’s absence unless they are satisfied that the notice of hearing has been served.

Notice from the GMC

  1. Where required by the Rules, the doctor will receive a separate notice from the GMC explaining what matter(s) the GMC has referred to the MPTS to be considered by a tribunal at a hearing. 

  2. Although the GMC is likely to have been in correspondence with the doctor previously about the matter(s) referred, a notice sent in accordance with the Rules will clarify the basis for the GMC making the referral. The doctor should carefully consider any notice received from the GMC as this will assist them in preparing for how to respond to the matter at the hearing.

See Rules 15, 20, 23 and 26.