Medical practitioner – Professional conduct committee. The Divisional Court, in allowing the General Medical Council's appeal, held that it had jurisdiction, under s 40A(1)(d) of the Medical Act 1983, to appeal, as the Medical Practitioners Tribunal had made a decision not to give a direction under s 35D of the Act. Further, the tribunal's failure to find that there had been a sexual motivation for the first respondent's actions had been wrong and unsustainable.