Part B: reviewing interim measures

1. The purpose of this Part of Section two: IMT hearings is to support fair and consistent decision making by tribunals when they are reviewing if an interim measure remains necessary and if so, what the proportionate response is. It applies to interim measure tribunals (IMTs) and associates tribunals (ATs) where the AT is reviewing an existing interim measure during a hearing that is being held to determine an allegation that a PA or AA’s fitness to practise is impaired.  
   
   
2. Any interim measure imposed by a tribunal must be reviewed within six months of the measure coming into effect.¹⁵ It must then subsequently be reviewed before the end of a period of six months beginning with the date of the last review, or beginning with the date of a Court order to extend the period the interim measure may remain in force for.¹⁶ An interim measure can be reviewed by either a case examiner or an IMT. 
   
   
3. An interim measure may be reviewed at any time,¹⁷ including when new evidence relevant to the measure becomes available, which may affect the measure in place.  
   
   
4. If the GMC wishes to extend a measure beyond the current period for which the interim measure remains in force or beyond the 18 month maximum period, then it must apply to the relevant Court¹⁸ to extend the measure. Each extension will be for up to a maximum period of 12 months.¹⁹ The Court may only extend the measure if it is satisfied that the current period will not allow such time as is reasonable in the circumstances of the case to complete the fitness to practise, review of final measure or appeal process.²⁰ There is no limit on the number of extensions which may be sought and granted.  
   
   
5. On review, the tribunal has the power to extend the period specified for the interim measure to remain in force (up to a maximum of 18 months from when the interim measure was first made), vary a condition, or revoke the interim measure and impose a different interim measure. 
   
   
6. The process for reviewing an interim measure that a tribunal should follow is illustrated in the diagram below. 
   
   
7. Whilst the diagram represents each key consideration for the tribunal as a step, in practice when the interim measure is being reviewed at a hearing, the parties will submit evidence and make one set of submissions on whether an interim measure remains necessary and if so, the type. Having then considered all relevant matters, the tribunal will provide one written decision. 

Text alternative: process for decision making for reviewing an interim order