Further written evidence to be reported to the House
Health and Social Care Bill
4:15 pm
Lady Justice Smith: May I intervene for a moment? I notice that the chairman—or chair as I must call it nowadays—of the adjudicatory body, the OHPA, must be legally qualified. Where do I find that provision? I think that it is under schedule 6, but I have lost the piece of paper on which I had made a note of it. To my mind that gives some reassurance. Here it is: schedule 6(4) states
“The OHPA is to consist of the following members-
(a) a chair appointed by the Privy Council”
Then schedule 6(6) states
“A person may be appointed as the chair only if the person as well as satisfying any requirements...has a 10 year general qualification”
under the Courts and Legal Services Act 1990. Broadly speaking, that means part or full-time judicial capacity. That does indicate that there should be a measure of independence. It is other aspects that the GMC is particularly concerned about.