Legislation – The Anaesthesia Associates and Physician Associates Order 2024

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Part 4FITNESS TO PRACTISE

Interim Measures11.

(1)

Where a question has arisen in accordance with article 10(1) as to whether an associate’s fitness to practise is impaired, an Interim Measure may be imposed upon that associate by a Panel, pending—

(a)

the conclusion of an assessment under article 10(1)(a);

(b)

a determination by a case examiner under article 10(3);

(c)

a determination by a Panel under article 10(5);

(d)

a determination by the Regulator under article 14(2);

(e)

a decision under article 16(5) in respect of articles 10(3)(b)(i), 13(1) or 14(3);

(f)

a decision under article 17(6) in respect of articles 10(3)(b)(i) or (5)(b)(ii), 11(1), 13(1) or 14(3),

where the Panel considers that such an Interim Measure is necessary for the protection of the public, or is otherwise in the interests of the public or the associate.

(2)

A Panel which imposes an Interim Measure under paragraph (1) must specify the period for which the Measure is to remain in force.

(3)

The Panel may not specify a period longer than 18 months.

(4)

The Regulator may—

(a)

where it is carrying out—

(i)

an assessment mentioned in paragraph (1)(a), or

(ii)

a determination mentioned in paragraph (1)(b) or (c), and

(b)

before the expiration of the period for which the Interim Measure to which the assessment or determination relates is to remain in force,

apply to the court for an extension of the period.

(5)

On an application under paragraph (4), the court may only extend the period if it is satisfied that the current period will not allow such time as is reasonable in the circumstances of the case for the assessment or determination to conclude.

(6)

The court may not extend the period for longer than 12 months on each application.

(7)

For the purposes of
paragraphs (4) to (6), reference to a period for which an Interim Measure is to remain in force includes a period as previously extended under those provisions or in accordance with article 12.

(8)

An Interim Measure imposed under paragraph (1) may require that an associate’s entry in a part of the register (into which the register is divided under article 5(2)(a)) be—

(a)

subject to condition, or

(b)

suspended.