Made | 8th May 2003 | ||
Coming into force in accordance with article 1(2) and (3) |
Article 1 | Citation and commencement |
Article 2 | Interpretation |
Article 3 | The Postgraduate Medical Education and Training Board and its committees |
Article 4 | Education and training leading to the award of a Certificate of Completion of Training |
Article 5 | Minimum requirements for general practice training |
Article 6 | Minimum requirements for specialist training |
Article 7 | Visiting panels |
Article 8 | Award and withdrawal of a Certificate of Completion of Training |
Article 9 | Information to be provided to the Board |
Article 10 | The General Practitioner Register |
Article 11 | General practitioners eligible for entry in the General Practitioner Register |
Article 12 | Acquired rights of general practitioners |
Article 13 | The Specialist Register |
Article 14 | Specialists eligible for entry in the Specialist Register |
Article 15 | Recognised specialist qualifications |
Article 16 | Decisions on inclusion in the Registers |
Article 17 | Access to the Registers etc. |
Article 18 | Removal and suspension from the Registers |
Article 19 | Specific training in general practice |
Article 20 | Specialist qualifications |
Article 21 | Appeal to an Appeal Panel against a decision of the Board |
Article 22 | Appeal to a court or sheriff against a decision of an Appeal Panel |
Article 23 | Appeals against decisions on inclusion in the Registers |
Article 24 | Fees |
Article 25 | Rules and orders |
Article 26 | Default powers of the Secretary of State |
Article 27 | Annual reports |
Article 28 | Review of the Board's exercise of its functions |
Article 29 | Accounts of the Board |
Article 30 | Amendment to the Medical Act and the Medical Act 1983 (Amendment) Order 2002 |
Article 31 | Extent, transitional, transitory, saving and consequential provisions |
Schedule 1 | Interpretation |
Schedule 2 | The Postgraduate Medical Education and Training Board and its statutory committees |
Schedule 3 | Specialties in which the United Kingdom awards a CCT, and any minimum training periods |
Schedule 4 | Text of articles 30, 31(1) and 34 of the Directive |
Schedule 5 | Text of Annex I to the Directive |
Schedule 6 | Acquiredd rights of general practitioners in the United Kingdom |
Schedule 7 | Specialist qualifications awarded in EEA States other than the United Kingdom |
Schedule 8 | Transitional, transitory and saving provisions |
Schedule 9 | Consequential amendments to primary legislation |
Schedule 10 | Consequential amendments to, and revocations of, secondary legislation |
(3) The Board shall have such other functions as are conferred on it by or under this Order.
(4) The main objectives of the Board in exercising its functions shall be -
(5) In exercising its functions, the Board shall co-operate wherever reasonably practicable with -
(6) Part 1 of Schedule 2 shall have effect with respect to the constitution of the Board.
(7) There shall be two committees of the Board, to be known as -
(8) These two committees, and any committee created under paragraph (11)(a), are referred to in this Order as "the statutory committees".
(9) Each statutory committee shall have the functions conferred on it by or under this Order.
(10) Part 2 of Schedule 2 shall have effect with respect to the statutory committees.
(11) On a proposal from the Board or otherwise, the Secretary of State may by order -
(12) The functions of the Board under or by virtue of this Order are without prejudice to the functions of the GMC or any of its statutory committees under the Medical Act.
(5) In performing the function mentioned in article 3(2)(b), the Board may approve -
(6) In connection with paragraph (5), the Board may approve postgraduate medical education and training taking place outside the United Kingdom.
(7) In exercising its functions under paragraph (5), the Board may attach conditions to any approval it gives or has given including, if the Board considers appropriate, a period of time for which that approval is valid.
(8) The Board may at any time withdraw approval where it is satisfied that -
are not being met.
(9) The Board shall cause to be published from time to time (electronically or otherwise) a list of the education and training it has approved which shall specify -
(10) The Board shall make rules about the procedure to be followed for giving, withdrawing, and attaching conditions to, approval under this article.
(11) Subject to the minimum requirements specified in articles 5 and 6, rules made under paragraph (10) may provide that of the categories specified in paragraph (5), only certain categories will be approved by the Board in respect of general practice or a specialty listed in Schedule 3.
Minimum requirements for general practice training
5.
- (1) The minimum requirements for general practice training referred to in article 4(2) are that -
(2) Any period remaining under paragraph (1)(b), the minimum periods set out in paragraph (1)(c) having been met, shall consist of a period of employment in a post (or posts) falling within paragraph (1)(c)(i) or (ii).
(3) In relation to periods of part-time employment under paragraph (1)(c), the requirements of this article may be satisfied by periods of part-time employment of equivalent duration but it shall not be regarded as equivalent unless it includes at least two periods of full-time employment, each lasting not less than one week, one such period falling within paragraph (1)(c)(i), and one such period falling within paragraph (1)(c)(ii).
(4) A general practitioner who is approved by the Board under article 4(5)(d) for the purposes of providing training to a GP Registrar under paragraph (1)(c)(i) shall be known as a "GP Trainer".
(5) "GP Registrar" means a medical practitioner who is being trained in general practice by a GP Trainer whether as part of training leading to the award of a CCT or otherwise.
(6) Schedule 4 (which sets out the text of articles 30, 31(1) and 34 of the Directive as it had effect on the date this Order was made) shall have effect.
Minimum requirements for specialist training
6.
- (1) The minimum requirements for specialist training referred to in article 4(2) are that -
(2) Part-time specialist training is permitted where training on a full-time basis would not be practicable for well-founded individual reasons, and accordingly, the Board may approve part-time training which satisfies -
(3) Schedule 5 (which sets out the text of Annex I to the Directive as it had effect on the date this Order was made) shall have effect.
Visiting panels
7.
- (1) The Board may, if it thinks fit, appoint a panel of persons (a "visiting panel") to visit any hospital, institution, general practitioner or other person by whom, where or under whose direction or management -
(2) A visiting panel must include at least one person who is not and never has been a registered medical practitioner and who does not hold any qualification that is registrable under the Medical Act.
(3) Where a visiting panel visits any hospital, institution, general practitioner or other person in the exercise of its functions under this article, it shall be the duty of the visiting panel to prepare a report to the Board on the visit.
(4) The Board shall, following a request by any person, make available such reports.
(5) Subject to the requirements of this article, the Board shall make rules in relation to visiting panels and such rules shall include provision as to -
Award and withdrawal of a Certificate of Completion of Training
8.
- (1) The Board shall award a CCT to any person who applies to the Board for that purpose (and pays any fee specified by the Board in rules) if the Board is satisfied that he has satisfactorily completed education and training, approved by the Board in accordance with article 4.
(2) A CCT may be awarded only to a registered medical practitioner, and a CCT in the specialty of oral and maxillo-facial surgery may be awarded only to a person who is also a registered dentist.
(3) Subject to paragraph (4), a CCT may be awarded only to a person who has been appointed to a course of training intended to lead to the award of a CCT and has successfully completed that course of training.
(4) Nothing in this article shall prevent the Board from awarding a CCT to a person when exercising its competent authority functions under article 8 of the Directive as set out in article 20(3)(a) of this Order.
(5) The Board may only award a CCT in general practice, or in a specialty listed in Schedule 3.
(6) A CCT shall state -
and where more than one year of the training to which the CCT attests took place outside the EEA, the CCT shall make clear that this was so, and shall state the length (in aggregate) of such training.
(7) A CCT shall be signed by the chair of the Board or by such other persons as the chair has nominated for this purpose.
(8) The Board shall make rules as to the procedure to be followed in relation to and by persons wishing to apply to the Board for a CCT, including rules as to the evidence it requires in support of an application for a CCT.
(9) Subject to paragraph (10), for the purposes of article 30 of the Directive (which requires EEA States to institute specific training in general practice), the vocational training certificate issued in the United Kingdom is the CCT in general practice.
(10) The following are also vocational training certificates -
(11) For the purposes of article 4 of the Directive, the diploma, certificate or other evidence of formal qualifications in specialised medicine in the United Kingdom is the CCT, awarded in a specialty listed in Schedule 3.
(12) Where the Board is satisfied that a CCT has been fraudulently procured or incorrectly awarded, it shall -
Information to be provided to the Board
9.
- (1) This article applies to any hospital, institution, general practitioner or other person that may be visited by a visiting panel pursuant to article 7(1).
(2) Whenever required to do so by the Board, any person or body specified in paragraph (1) shall give to the Board such information as the Board may reasonably require in connection with the exercise of its functions under or by virtue of this Order.
(3) The matters with respect to which the Board may require information under paragraph (2) include -
(4) Where a person or body specified in paragraph (1) fails to comply with any reasonable request for information made by the Board under this article, the Board may on that ground alone, after having warned that person or body that this sanction may be imposed, direct that the postgraduate medical education or training to which that information relates is no longer approved, or from a specified date will be no longer approved, within the meaning of article 4(5).
(3) A person is entitled to have his name included in the General Practitioner Register if he applies to the Registrar of the GMC for the purpose, paying any fee specified by the GMC in rules, and satisfies the Registrar -
(4) Subject to paragraph (5), unless a person's name is included in the General Practitioner Register, he shall not -
(b) in Scotland -
(c) in Northern Ireland -
(5) The prohibition in paragraph (4) does not apply to a person undertaking a period of employment as a GP Registrar, or a person who is provisionally registered under section 15, 15A or 21 of the Medical Act acting in the course of his employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act).
(6) A person whose name is included in the General Practitioner Register by virtue of an acquired right under paragraph 1(d) of Schedule 6 shall not be -
if he is included in the General Practitioner Register only by virtue of that acquired right.
(7) A restricted services principal whose name is included in the General Practitioner Register by virtue of -
shall not be entitled to practise otherwise than in accordance with the restriction which applies in his case merely because of his entry on the General Practitioner Register by virtue of that acquired right or exemption.
General practitioners eligible for entry in the General Practitioner Register
11.
- (1) A person is an eligible general practitioner for the purposes of article 10(2)(b) if he holds -
(b) a certificate of prescribed experience; or
(c) a certificate of equivalent experience.
(2) A person is also an eligible general practitioner for the purposes of article 10(2)(b) if he was exempt from the need to have acquired the prescribed experience by virtue of regulation 5(1)(a), (b), (c), (d) or (f) of -
but if a restricted services principal is eligible for inclusion in the General Practitioner Register only by virtue of an exemption under regulation 5(1)(d) of the regulations set out in sub-paragraphs (a), (b) or (c), the Registrar of the GMC shall ensure that the restriction on his right to practise as provided for in article 10(7) is indicated in that person's entry in the General Practitioner Register in such manner as the Registrar thinks fit.
(3) A person is also an eligible general practitioner for the purposes of article 10(2)(b) if he does not fall within paragraph (1) or (2) but he has -
and he satisfies the Board that that training is, or those qualifications are, or both when considered together are, equivalent to a CCT in general practice.
(4) If a person falls within paragraph (3) and -
the Board shall, when considering whether it is satisfied as mentioned in paragraph (3), take account of that acceptance or of that experience or knowledge.
(5) If the Board is not satisfied, having taken into account the matters specified in paragraph (4) (where applicable), that a person's training, qualifications, or both when considered together are equivalent to a CCT in general practice, the Board shall give reasons as to why it is not satisfied, and, in particular, shall inform the person of -
in order to satisfy the Board under paragraph (3).
(6) In respect of any application under paragraph (3), the Board shall notify the applicant of its decision (and, where relevant, of the matters set out in paragraph (5)), in accordance with its duty under article 16(4).
(7) If the Board is satisfied, pursuant to paragraph (3), that a person's training, qualifications, or both when considered together are equivalent to a CCT in general practice, it shall, if the person so requests, issue to that person a written statement attesting to the fact that the person has satisfied the Board that he is eligible for entry in the General Practitioner Register ("statement of eligibility for registration").
(8) The Board shall make rules as to the procedure to be followed in relation to and by persons applying to the Board under paragraph (3), including rules as to the evidence it requires in support of such an application.
Acquired rights of general practitioners
12.
- (1) For the purposes of article 36(2) of the Directive (requirement for all EEA States to specify the acquired rights that it recognises for the purpose of exercising general medical practice under its national social security scheme without a vocational training certificate), a person has an acquired right to practise as a general practitioner if he falls within one of the categories of persons set out in Schedule 6.
(2) If -
the Registrar of the GMC shall ensure that the restriction on his right to practise as provided for in article 10(6) or (7) (as appropriate) is indicated in that person's entry in the General Practitioner Register in such manner as the Registrar thinks fit.
(3) The Board shall, if a person so requests in writing, issue a certificate of acquired rights to him if it is satisfied that he has an acquired right to practise by virtue of Schedule 6.
(4) The Board may make rules as to the procedure to be followed and the evidence it requires in support of a request made by a person under paragraph (3).
The Specialist Register
13.
- (1) The GMC shall keep a register of specialists ("the Specialist Register").
(2) Subject to paragraph (3), the Specialist Register shall contain the names of -
(3) A person is entitled to have his name included in the Specialist Register if he applies to the Registrar of the GMC for the purpose, paying any fee specified by the GMC in rules, and satisfies the Registrar -
(4) The Specialist Register shall indicate -
(5) In order to satisfy the Board that he has a particular expertise in a field such that he is entitled to have that expertise indicated in the register under paragraph (4)(b), the person must satisfy the Board that he has satisfactorily completed -
(6) Subject to paragraph (7), a person may not take up appointment to any post as a consultant in the National Health Service in a specialty, or any more specialised field within such a specialty, unless his name is included in the Specialist Register.
(7) Paragraph (6) does not apply to any person who held a post as a consultant in oral and maxillo-facial surgery in the National Health Service immediately before 1st January 1997.
Specialists eligible for entry in the Specialist Register
14.
- (1) A person is an eligible specialist for the purposes of article 13(2)(b) if he was included in the specialist register maintained by the GMC under the ESMQO 1995 immediately before article 13 of this Order came into force, by virtue of the transitional provisions set out in article 12 of the ESMQO 1995 (existing specialists).
(2) A person is also an eligible specialist for the purposes of article 13(2)(b) if the STA (or, where applicable, the STA's appeal panel), has determined that that person is an eligible specialist pursuant to article 9(2) or (3) of the ESMQO 1995 (eligible specialists).
(3) A person is also an eligible specialist for the purposes of article 13(2)(b) if he holds a recognised specialist qualification (as specified in article 15) and he is -
(4) A person is also an eligible specialist for the purposes of article 13(2)(b) if -
in a specialty listed in Schedule 3, and he satisfies the Board that that specialist training is, or those qualifications are, or both when considered together are, equivalent to a CCT in the specialty in question.
(5) A person is also an eligible specialist for the purposes of article 13(2)(b) if -
outside the United Kingdom in a medical specialty not listed in Schedule 3; or
(b) he has knowledge of or experience in any medical specialty derived from academic or research work,
and he satisfies the Board that these give him a level of knowledge and skill consistent with practise as a consultant in the National Health Service.
(6) If a person falls within paragraph (4) or (5) and -
the Board shall, when considering whether it is satisfied as mentioned in paragraph (4) or (5), take account of that acceptance or of that experience or knowledge.
(7) In paragraphs (4) and (5), "specialist training" means specialist medical training that -
(8) If the Board is not satisfied, having taken into account the matters specified in paragraph (6) (where applicable), that -
paragraph (9) shall apply.
(9) Where this paragraph applies, the Board shall give reasons as to why it is not satisfied, and, in particular, shall inform the person of -
in order to satisfy the Board under paragraph (4) or (5).
(10) In respect of any application under paragraph (4) or (5), the Board shall notify the applicant of its decision (and, where relevant, of the matters set out in paragraph (9)), in accordance with its duty under article 16(4).
(11) If the Board is satisfied -
it shall, if the person so requests, issue to that person a written statement attesting to the fact that the person has satisfied the Board that he is eligible for inclusion in the Specialist Register ("statement of eligibility for registration").
(12) The Board shall make rules as to the procedure to be followed in relation to and by persons applying to the Board under paragraph (4) or (5), including rules as to the evidence it requires in support of such an application.
Recognised specialist qualifications
15.
- (1) The following are recognised specialist qualifications for the purposes of article 14(3) -
(d) a specialist qualification in a specialty in which the United Kingdom awards such a qualification as set out in Part 1 of Schedule 3 which -
(e) a specialist qualification which -
(f) a specialist qualification in a specialty listed in Part 1 of Schedule 3 -
(2) In paragraph (1)(c), "the relevant date" means -
Decisions on inclusion in the Registers
16.
- (1) The Registrar of the GMC shall, within the time specified in paragraph (2), notify a person who has made an application for inclusion in either of the Registers pursuant to article 10(3) or 13(3) that -
(2) Except in relation to cases falling within paragraph (3), the Registrar shall notify an applicant of the matters specified in paragraph (1) within -
(3) For the purposes of paragraph (2), the cases excepted are those where a person has applied to the GMC for inclusion in either of the Registers and he has previously had to satisfy the Board that he is -
(4) In relation to cases falling within paragraph (3), the Board shall -
(5) In paragraph (4), the specified time means, subject to paragraph (6), the period of three months -
(6) In calculating the period of three months pursuant to paragraph (5), the following shall be disregarded -
(b) any period of additional time which is permitted by article 15 of the Directive.
(7) For the purposes of complying with its duty pursuant to paragraph (4), the Board may, if it sees fit, provide to the GMC information relating to, or copies of, any applications that have been made to it pursuant to article 11(3), or article 14(4) or (5).
Access to the Registers etc.
17.
- (1) The GMC shall cause to be published from time to time (electronically or otherwise) a copy of the Registers on a date specified by the Registrar.
(2) If the Registrar of the GMC receives a written inquiry from any person as to whether a named person is included in the General Practitioner Register or the Specialist Register, he shall provide that person with a written response which shall, where applicable, include the details contained in the Register relating to that named person's entry.
(3) A certificate purporting to be signed by the Registrar of the GMC, certifying that a person -
shall be evidence (and in Scotland sufficient evidence) of the matters certified.
Removal and suspension from the Registers
18.
- (1) Where it comes to the notice of the Registrar of the GMC that a person is no longer a registered medical practitioner, the Registrar shall remove that person's name from the General Practitioner Register or the Specialist Register (as the case may be), and shall send him notice of having done so.
(2) Subject to paragraph (3) and (4), where a person removed from the General Practitioner Register or the Specialist Register pursuant to paragraph (1) becomes once again a registered medical practitioner, the Registrar shall, if requested to do so by that person, once again include that person's name in the General Practitioner Register or the Specialist Register (as the case may be) and shall send him notice of having done so.
(3) Where it comes to the notice of the Registrar of the GMC that in the case of an oral and maxillo-facial surgeon -
the Registrar shall remove that person's name from the Specialist Register and shall send him notice of having done so.
(4) Where a person removed from the Specialist Register by virtue of paragraph (3) -
the Registrar shall, if requested to do so by that person and provided that person is also a registered medical practitioner, once again include that person's name in the Specialist Register and shall send him notice of having done so.
(5) Where the GMC is satisfied that any entry in the General Practitioner Register or the Specialist Register has been fraudulently procured or incorrectly made it may direct that the entry shall be removed from that Register, and paragraph (6) shall apply.
(6) A decision taken by the GMC pursuant to paragraph (5) shall be treated as an appealable registration decision under Schedule 3A to the Medical Act (registration appeals); and the procedure in that Schedule shall accordingly apply.
(7) Paragraph 6 of Schedule 3A to the Medical Act (notices) shall apply to notices required by this article to be sent to any person by the Registrar of the GMC as it applies to the notifications referred to in that paragraph.
Specialist qualifications
20.
- (1) Pursuant to article 42 of the Directive, in relation to specialist qualifications, there shall be two competent authorities in the United Kingdom for the purposes of Title II and Title III of the Directive -
(2) In addition to the functions conferred upon it elsewhere in this Order, the GMC shall, in the event of justified doubts, perform the function of requiring the competent authority of another Member State that has awarded a diploma, certificate or other evidence of formal qualification to confirm its authenticity and to confirm that the holder of the diploma, certificate or other evidence of formal qualification has fulfilled the Directive's minimum training requirements.
(3) In addition to the functions conferred upon it elsewhere in this Order, the Board shall perform the following functions of a Member State or its competent authorities or bodies which derive from the Directive -
(b) where required to do so by another EEA State, the function of issuing certificates to specialists as set out in article 9(2) of the Directive, which requires certificates to be issued to persons holding a specialist qualification that does not satisfy all the minimum training requirements laid down by the Directive and was awarded following training begun before the relevant date (which has the same meaning as in article 15(2)), where either -
stating that, where applicable, the holder has been engaged in the practice of his specialty for at least the period required by article 9(2) of the Directive;
(c) the function of issuing certificates of fulfilment of Directive training requirements in respect of specialist qualifications which do not conform with the designations set out in the Directive; and
(d) where a request is received from another Member State, the function of confirming authenticity of a CCT and of confirming that a person holding a CCT has fulfilled the Directive's minimum training requirements.
(b) a general practitioner -
(c) a person to whom the Board refuses to award a CCT pursuant to article 8;
(d) a person whose CCT the Board withdraws pursuant to article 8(12);
(e) a person who fails to satisfy the Board that he is an eligible general practitioner in accordance with article 11(3);
(f) a person to whom the Board fails to give a decision under article 11(3) within three months of the date on which the applicant submits his application, together with full supporting documentation;
(g) a person who fails to satisfy the Board that he is an eligible specialist in accordance with article 14(4) or (5);
(h) a person to whom the Board fails to give a decision under article 14(4) or (5) within three months of the date on which the applicant submits his application, together with full supporting documentation;
(i) a person to whom the Board refuses to award a CCT when exercising its functions specified in article 20(3)(a);
(j) a person who has made an application to the Board as a consequence of its functions specified in article 20(3)(a) and to whom it fails to give a decision within the time period specified in article 20(3)(a)(iii); and
(k) a person to whom the Board refuses to award a certificate of acquired rights under article 12(3).
(3) The right of appeal under sub-paragraph (e), (g) and (i) of paragraph (2) shall include a right of appeal against a decision of the Board as to the length of additional training, the fields to be covered by it or any examination, assessment (including a specified period of assessment) or other test of competence that the Board has specified under article 11(5), 14(9) or 20(3)(a)(ii).
(4) Subject to paragraph (5), having considered an appeal under this article, an Appeal Panel may -
(5) Where an appeal is made under sub-paragraph (f), (h) or (j) of paragraph (2), an Appeal Panel may, having considered the appeal -
(6) The Board shall make rules as to the procedure to be followed and the rules of evidence to be observed by an Appeal Panel hearing an appeal under this article.
(7) Rules made under paragraph (6), shall in particular provide -
(f) that no person who is a member of the Board, the statutory committees or any other committee of the Board, may be appointed to an Appeal Panel;
(g) that proceedings of an Appeal Panel shall take place in public unless the person or body who is appealing requests a private hearing; and
(h) that an Appeal Panel shall give reasons for its decision.
(8) The Board may pay such allowances and expenses to persons appointed to an Appeal Panel as it may determine.
Appeal to a court or sheriff against a decision of an Appeal Panel
22.
- (1) An appeal from any decision of an Appeal Panel shall lie to the relevant court but must be brought within 28 days beginning with the date on which the appellant was notified of the decision.
(2) In any appeal under this article, the Board shall be the respondent.
(3) Subject to paragraph (4), the relevant court may -
and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.
(4) Where the appeal is against a decision of an Appeal Panel made under article 21(5), the relevant court may -
(5) In this article, "relevant court" means the county court or in the case of a hospital, institution, general practitioner or person whose address is in Scotland, the sheriff in whose sheriffdom the address is situated.
Appeals against decisions on inclusion in the Registers
23.
- (1) If a person applies to the Registrar of the GMC in order to have his name included in the General Practitioner Register or the Specialist Register pursuant to article 10(3) or 13(3), and -
the decision of the Registrar shall be treated as an appealable registration decision under Schedule 3A to the Medical Act (registration appeals) and the procedure in that Schedule shall accordingly apply.
(2) Failure by the GMC to notify a person of the matters specified in article 16(1) within the time specified in article 16(2) or, where applicable, article 16(4) shall be treated as a decision against which a person may appeal under paragraph 4 of Schedule 3A to the Medical Act.
(3) Except for rules made under article 24 or paragraph 2(3) of Schedule 2, the Board shall publish rules made under this Order (electronically or otherwise).
(4) The power of the Secretary of State to make an order under this Order, including an order made under paragraph (2), is exercisable by statutory instrument, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament and for the purposes of section 1 of the Statutory Instruments Act 1946[18] this provision shall have effect as if contained in an Act of Parliament.
Default powers of the Secretary of State
26.
- (1) If it appears to the Secretary of State that the Board has failed to perform any function which, in the opinion of the Secretary of State, should have been performed by it, the Secretary of State may notify the Board of his opinion and require the Board to make representations to him.
(2) The Secretary of State may, having considered the representations of the Board, give such directions (if any) to the Board as he considers appropriate.
(3) If the Board fails to comply with any directions given under this article, the Secretary of State may give effect to the direction.
(4) For the purpose of giving effect to a direction under paragraph (3), the Secretary of State may -
(5) The Secretary of State shall not take any action pursuant to paragraphs (1) to (4) unless he has consulted -
Annual reports
27.
- (1) The Board shall -
(2) Within the times specified in paragraph (1), the Board shall also send a copy of the report to the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales.
(3) The Secretary of State shall lay before each House of Parliament a copy of every report submitted to him by the Board under paragraph (1).
(4) A copy of the report shall also be laid before -
and the National Assembly for Wales shall publish the report.
Review of the Board's exercise of its functions
28.
- (1) The Secretary of State shall ensure that a full review of the Board's exercise of its functions under this Order is carried out once in every five year period.
(2) A review under paragraph (1) shall be undertaken by a body appointed by the Secretary of State for that purpose.
(3) A body appointed under paragraph (2) shall produce a written report on its review of the Board's exercise of its functions.
(4) The first review shall take place within five years of the date of this article coming into force and thereafter a review shall take place once in every five year period following on from when the last review was carried out.
(5) The Secretary of State shall lay before each House of Parliament a copy of every report produced under paragraph (3).
(6) A copy of the report shall also be laid before -
and the National Assembly for Wales shall publish the report.
Accounts of the Board
29.
- (1) The Board shall -
(2) The annual accounts shall be audited by persons whom the Board appoints.
(3) No person may be appointed as an auditor under paragraph (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989[19] (eligibility for appointment) or Article 28 of the Companies (Northern Ireland) Order 1990[20] (eligibility for appointment).
(4) As soon as is reasonably practicable after the end of the financial year to which the annual accounts relate, the Board shall -
(5) The Comptroller and Auditor General shall examine, certify and report on the annual accounts.
(6) For the purposes of his examination, the Comptroller and Auditor General may inspect the accounts of the Board and any records relating to them.
(7) The Secretary of State shall lay before each House of Parliament a copy of the annual accounts certified by the Comptroller and Auditor General, any report of the auditors and the report of the Comptroller and Auditor General prepared under paragraph (5).
(8) A copy of the annual accounts (and the reports mentioned in paragraph (7)) shall be laid before -
and the National Assembly for Wales shall publish the accounts (and the aforementioned reports).
(9) In this article, "financial year" means -
Amendment to the Medical Act and the Medical Act 1983 (Amendment) Order 2002
30.
- (1) In the Medical Act -
(2) In Part I of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002[21] (consequential amendments to primary legislation), paragraph 1 shall be omitted.
Extent, transitional, transitory, saving and consequential provisions
31.
- (1) Subject to paragraphs (2) and (3), this Order extends to the whole of the United Kingdom.
(2) Subject to paragraph (3), the extent of the amendment or revocation of any enactment in Schedule 9 or Schedule 10 is the same as that of the amended or revoked enactment.
(3) In Schedule 10, paragraph 1(c)(i) shall apply only to England and paragraph 1(c)(ii) shall apply only to Wales.
(4) The transitional, transitory and saving provisions contained in Schedule 8 shall apply.
(5) The consequential amendments and revocations contained in Schedules 9 and 10 shall have effect.
(6) The Secretary of State may by order make such further transitional, transitory or saving provisions as he considers appropriate.
A. K. Galloway
Clerk of the Privy Council
or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;
or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;
and who are referred to in this Schedule as "lay members".
(2) The number of medical members shall exceed by at least one the number of lay members.
(3) The Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales shall each appoint one medical member and one lay member to the Board and the Secretary of State shall appoint the remaining members (together the appointors are referred to as "the appointing authorities").
(4) The Secretary of State shall ensure that of the members he appoints -
(5) The Secretary of State shall, prior to appointing a member pursuant to sub-paragraph (4), make a request in writing to the GMC or the representative body (as the case may be) for a list of names of persons that the GMC or the representative body wishes to nominate, specifying in that request -
(6) The requirements in sub-paragraph (4)(a) or (b) (as the case may be) shall not apply if the GMC or the representative body fails to provide the number of nominations specified pursuant to sub-paragraph (5)(a) by the date specified pursuant to sub-paragraph (5)(b).
(7) The requirement in sub-paragraphs (4)(b) and (5) (insofar as it applies to the representative body) shall not apply if in the reasonable opinion of the Secretary of State, there is no one body that represents the medical Royal Colleges in the United Kingdom.
(8) Subject to the requirements of this paragraph, the appointing authorities shall -
(9) No person shall be prevented from being appointed merely because he has previously been a member of the Board.
(10) Where a member ceases to be a member, the appointing authority that appointed him shall appoint a member to replace him.
(11) Subject to sub-paragraph (12), if the unexpired term is less than twelve months, the vacancy need not be filled if the Board consents.
(12) The vacancy must be filled if the vacancy would result in the requirement in sub-paragraph (2) not being satisfied.
(13) In this paragraph "the unexpired term" means the period beginning with the date on which the member ceases to be a member and ending with the date on which his full term of office would have expired.
(14) On a proposal from the Board or otherwise, the Secretary of State may by order vary the size or composition of the Board provided that -
Tenure of office of members
2.
- (1) Subject to sub-paragraph (2), each member's term of office will be for a period of three years.
(2) For the initial membership of the Board, the appointing authority may determine the duration of the first term of office of each member, save that the term of office shall not be less than three years and it shall not exceed five years.
(3) A person shall be removed from office as a Board member in such circumstances as may be provided for by the Board in rules.
(4) A member may resign at any time by giving notice in writing to the Board and to the appointing authority that appointed him.
(5) Every member shall retire from the Board on reaching the age of 70.
The chair
3.
- (1) Subject to sub-paragraph (3), the members of the Board shall elect a chair from among themselves.
(2) Subject to sub-paragraph (3), the term of office of the chair shall be three years.
(3) The first chair shall be appointed by the Secretary of State and his term of office shall be five years.
(4) Subject to sub-paragraph (5), the chair shall hold office until whichever of the following first occurs -
(5) The first chair cannot be removed by a majority vote of other members of the Board under sub-paragraph (4)(c) but he may be removed from office by the Secretary of State if -
(6) If the first chair ceases to hold office under sub-paragraphs (4)(a) or (b) or (5), the Secretary of State shall appoint a successor for the unexpired term.
(7) In sub-paragraph (6), "unexpired term" means the period beginning with the date on which the chair ceases to be the chair and ending with the date on which his full term of office as chair under sub-paragraph (3) would have expired.
(8) Subject to sub-paragraph (9), a person shall not be prevented from being elected chair merely because he has previously been chair.
(9) If a period of eight years has elapsed, beginning with his assuming office as chair, and no other person has been appointed or elected (and served) as chair during that time, that person may not be elected as chair until some other person has served as chair.
Delegation of appointment of members and the first chair
4.
- (1) The Secretary of State may direct a Special Health Authority to exercise his functions of appointing -
or to assist him in the exercise of such parts of those functions to the extent specified in his direction.
(2) If the Secretary of State does direct a Special Health Authority pursuant to sub-paragraph (1), the 1977 Act has effect as if -
Observers
5.
- (1) The Secretary of State, the Scottish Ministers, the Department for Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales may each nominate a representative to attend meetings of the Board.
(2) A representative nominated under paragraph (1) shall not address the Board unless he is invited or requested to do so by the chair of the Board or otherwise has the permission of the Board to address it.
Grants and loans to the Board
6.
- (1) The Secretary of State or an appropriate authority may make grants or loans to the Board towards expenses incurred, or to be incurred by it -
(2) In this paragraph, an "appropriate authority" means the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland or the National Assembly for Wales.
Procedure of the Board and its committees
7.
Subject to any provision made by or under this Order, the Board may regulate its own procedures.
Members' interests
8.
The Board shall -
Complaints
9.
The Board shall establish and maintain a system for resolving complaints made to the Board about the performance of any of its functions under this Order and the Board shall make rules as to how such a system will operate.
Powers of the Board
10.
- (1) Subject to any provision made by or under this Order, the Board may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the performance of its functions.
(2) The Board shall, in particular, have power -
(g) to establish such committees, and sub-committees of its committees, as it considers appropriate in connection with the discharge of its functions and to delegate any of its functions to them other than any power to make rules;
(h) to appoint persons who are not members of the Board to any committee or sub-committee it establishes;
(i) subject to any provision made by or under this Order, to regulate the procedure of any of its committees or their sub-committees; and
(j) to abolish any of its committees (except a statutory committee), or any sub-committee of its committees.
(3) The Board shall ensure that persons appointed to any committee or sub-committee who are not Board members shall have such qualifications, interests or experience as, in the opinion of the Board, are relevant to the field with which the committee or sub-committee is mainly concerned.
(4) If it appears to the Board that any committee or sub-committee is failing to perform its functions adequately, the Board may give a direction as to the proper performance of those functions.
(5) The powers of the Board may be exercised even though there is a vacancy among its members.
(6) No proceedings of the Board shall be invalidated by any defect in the appointment of a member.
(7) No person who is a member of the Board or any of its committees or sub-committees who is also a registered medical practitioner may take part in any proceedings of the Board in any period during which he is the subject of any investigation, proceedings or a determination concerning his fitness to practise his profession.
(2) The Board may delegate such of its functions to the Training Committee, or sub-committees of that Committee, as it considers appropriate, other than any power to make rules.
The Assessment Committee
12.
- (1) The Assessment Committee shall advise and make recommendations to the Board on -
(2) The Board may delegate such of its functions to the Assessment Committee, or sub-committees of that Committee, as it considers appropriate, other than any power to make rules.
Procedure of the statutory committees
13.
- (1) The Board shall make rules in respect of the statutory committees, and sub-committees of the statutory committees, which shall provide in particular for -
(2) The rules shall, in particular, provide for the chair of a statutory committee to be a medical member of the Board.
(3) In making rules under this paragraph in relation to the appointment of members to the statutory committees and sub-committees of the statutory committees, the Board shall, insofar as it is reasonably practicable, provide for representation on that committee or sub-committee of such of the medical Royal Colleges in the United Kingdom as the Board considers appropriate, having regard to the functions of that committee or sub-committee.
Five years |
Accident and emergency medicine |
General (internal) medicine* (formerly known as general medicine) |
General surgery* |
Neurosurgery* (formally known as neurological surgery) |
Trauma and orthopaedic surgery* (formally known as orthopaedic surgery) |
Paediatric surgery |
Plastic surgery* |
Cardio-thoracic surgery (formerly known as thoracic surgery) |
Urology* |
Four years |
Cardiology (formerly known as cardio-vascular disease) |
Chemical pathology (also known as clinical biochemistry) |
Child and adolescent psychiatry |
Clinical neurophysiology |
Clinical pharmacology and therapeutics |
Infectious diseases (formerly known as communicable diseases) |
Public health medicine (formerly known as community medicine) |
Dermatology |
Clinical radiology* (formerly known as diagnostic radiology, and as radiology) |
Gastro-enterology |
Geriatric medicine (formerly known as geriatrics) |
Immunology (also known as immunopathology) |
Medical microbiology and virology (formerly known as medical microbiology) |
Histopathology* (formerly known as morbid anatomy and histopathology,) |
Neurology* |
Nuclear medicine |
Obstetrics and gynaecology* |
Occupational medicine |
Oral and maxillo-facial surgery (basic medical and dental training) |
Paediatrics* |
General psychiatry* (formerly known as psychiatry, as general adult psychiatry, and as mental illness) |
Clinical oncology* (formerly known as radiotherapy) |
Renal medicine (formerly known as renal disease, and as nephrology) |
Respiratory medicine* (also known as thoracic medicine) |
Rheumatology |
Tropical medicine |
Genito-urinary medicine (formerly known as venereology) |
Three years |
Anaesthetics* |
Endocrinology and diabetes mellitus |
Haematology |
Ophthalmology* |
Otolaryngology* (also known as ENT surgery) |
Allergy |
Audiological medicine |
Clinical cytogenics and molecular genetics |
Clinical genetics |
Forensic psychiatry |
Intensive care medicine |
Medical oncology |
Medical ophthalmology |
Psychiatry of learning disability |
Old age psychiatry |
Paediatric cardiology |
Palliative medicine |
Pharmaceutical medicine |
Psychotherapy |
Rehabilitation medicine |
Article 34
1.
Without prejudice to the principle of full-time training laid down in Article 31(1)(b), Member States may authorize specific part-time training in general medical practice in addition to full-time training, where the following particular conditions are met:
2.
Part-time training must be of a level and quality equivalent to that of full-time training. It shall lead to a diploma, certificate or other evidence of formal qualification, as referred to in Article 30.
even if on that date he had yet to obtain a certificate of prescribed or equivalent experience under any of those Regulations;
(c) on 31st December 1994 he was established in the United Kingdom by virtue of a qualification in medicine awarded in an EEA State other than the United Kingdom which had in his case to be recognised in the United Kingdom by virtue of the Directive (whether or not as read with the EEA Agreement), or by virtue of any enforceable Community right, as entitling him to be registered, or to practise as if he were registered, under section 3 of the Medical Act (registration by virtue of primary United Kingdom or primary European qualifications) as a fully registered medical practitioner; or
(d) subject to paragraph (2), on at least 10 days in the period of 4 years ending with 31st December 1994, or on at least 40 days in the period of 10 years ending with that date, he had -
2.
For the purposes of paragraph 1(d), engagement or provision as a deputy for a period of less than 24 hours beginning before but ending after midnight counts as engagement or provision on the second day only.
3.
In this Schedule -
Country | Title of qualification | Awarding body |
Austria | Facharztdiplom | Österreichische Ärztekammer |
Belgium | Bijzondere beroepstitel van geneesheer-specialist/Titre professional particular de médecin spécialiste | Minister bevoegd voor Volksgezondheid/Ministre de la Santé publique |
Denmark | Bevis for tilladelse til at betegne sig som speciallaege | Sundhedsstyrelsen |
Finland | Erikoislääkärin tutkinto/specialläkarexamen |
1.
Helsingin yliopisto/Helsingfors universitet 2. Kuopion yliopisto 3. Oulun yliopisto 4. Turun yliopisto |
France |
1.
Certificat d'études spéciales de médecine 2. Attestation de médecin spécialiste qualifié 3. Certificat d'études spéciales de médecine 4. Diplôme d'études spécialisées ou spécialition complémentaire qualifiante de médecine |
1. 3. 4.
Universités 2. Conseil de l'Ordre des médecins |
Germany | Fachärztliche Anerkennung | Countryesärztekammer |
Greece | Ττλοσ Ιατρικσ Ετδ&ita;κτητασ |
1.
Νοµαρχακ Αυτοδοικηση 2. Νοµαρχα |
Iceland | Sérfrædileyfi | Heilbrigðis-og tryggingamálaráðuneyti |
Ireland | Certificate of Specialist doctor | Competent authority |
Italy | Diploma di medico specialista | Università |
Liechtenstein | The diplomas, certificates and other titles awarded in another State to which the Directive applies and which are listed in this Schedule, accompanied by a certificate on the completed practical training issued by the competent authorities. | |
Luxembourg | Certificat de médecin spécialiste | Ministre de la Santé publique |
The Netherlands | Bewijs van inschrijving in een Specialistenregister |
1.
Medisch Specialisten Registratie Commissie (MSRC) van de Koninklijke Maatschappij tot Bevordering der Geneeskunst 2. Sociaal-Geneeskundigen Registratie Commissie van de Koninklijke Nederlandsche Maatschappij tot Bevordering der Geneeskunst 3. Huisarts en Verpleeghuisarts Registratie Commissie (HVRC) van de Koninklijke Nederlandsche Matschappij tot Bevordering der Geneeskunst |
Norway | Spesialistgodkjenning | Den norske lægeforening ihht. Delegert mindighet |
Portugal |
1.
Grau de assistente e/ou 2. Titulo de especialista |
1.
Ministério da Saúde 2. Ordem dos Médicos |
Spain | Título de Especialista | Ministerio de Educación y Cultura |
Sweden | Bevis om specialkompetens som läkare, utfärdat av Socialstyrelsen | Socialstyrelsen |
Switzerland | Spécialiste, Facharzt, specialista | Département fédéral de l'intérieur |
General practitioners
2.
Where the JCPTGP has approved training under regulation 6 or 8 of either the Vocational Training Regulations, the Vocational Training Regulations (Scotland) or the Vocational Training Regulations (Northern Ireland) (which relate to prescribed medical experience and approval of training posts), the Board shall be deemed to have approved that training under article 4, and if that training is continuing immediately before the relevant date, the Board shall be deemed to have approved such training, until such time as the Board -
3.
Where the JCPTGP has approved a GP Trainer under regulation 7 of either the Vocational Training Regulations, the Vocational Training Regulations (Scotland) or the Vocational Training Regulations (Northern Ireland) (which relate to approval of trainers), and that approval continues immediately before the relevant date, the Board shall be deemed to have approved that general practitioner under article 4, until such time as the Board -
4.
Where an appeal is made against a decision of the JCPTGP which was made under regulation 7 of either the Vocational Training Regulations or the Vocational Training Regulations (Northern Ireland) (appeal against a decision to refuse to approve a GP Trainer) -
the appeal shall be dealt with in accordance with the relevant provisions of the Vocational Training Regulations or the Vocational Training Regulations (Northern Ireland) (as appropriate).
5.
Where a person has applied to the JCPTGP for a certificate of equivalent experience or a certificate of prescribed experience before the relevant date, but the application has not been determined before that date -
save that nothing in this paragraph shall prevent such a person from withdrawing any such application and making a new application to the Board for a CCT pursuant to the provisions of this Order, or for a statement of eligibility for registration pursuant to article 11(3) (as the case may be).
6.
Where an appeal is made against a decision of the JCPTGP pursuant to regulation 12A(3) or 13 of either the Vocational Training Regulations, the Vocational Training Regulations (Scotland) or the Vocational Training Regulations (Northern Ireland) (as appropriate) (which relate to decisions relating to certificates of equivalent experience in respect of persons exercising a Community right, and appeals against refusal of certificates) -
the appeal shall be dealt with in accordance with the relevant provisions of the Vocational Training Regulations, the Vocational Training Regulations (Scotland) or the Vocational Training Regulations (Northern Ireland) (as appropriate).
7.
In determining any application to the Board made by a person to whom the JCPTGP has, before the relevant date, given written advice in relation to his training, the Board shall take that advice into account in determining that person's application.
8.
In paragraph 4, 5 and 6, if the relevant provisions have been repealed, they shall be treated for the purposes of those paragraphs as if they remained in force with such modifications as necessary, including as if references to the "Joint Committee" were to the Board.
Specialists
9.
- (1) The Registrar of the GMC shall ensure that all specialists whose names are included in the old specialist register immediately before the relevant date are, on the relevant date, transferred to the Specialist Register.
(2) Any application made to the GMC for inclusion in the old specialist register that is made before, but is not finally dealt with by the relevant date shall be determined -
and any appeal against the GMC's decision to refuse such an application pursuant to article 8(3D) of the ESMQO 1995, shall be dealt with in accordance with that article, or, where applicable, article 8(3B) together with article 8(3D) (which relate to the specialist register), and if that appeal is successful, the applicant's name shall be included in the Specialist Register.
(3) If, pursuant to paragraph 12, the Board or an appeal panel arranged in accordance with article 13 of the ESMQO 1995 (appeals) has determined that a person is an eligible specialist pursuant to article 9(2) or (3) of the ESMQO 1995 (eligible specialists), that person shall be treated as an eligible specialist pursuant to article 14(2) of this Order for the purposes of any subsequent application or request to be included in the Specialist Register.
10.
Where the STA has approved specialist training under article 7 of the ESMQO 1995 (minimum requirements of specialist medical training), including any conditions under article 7(3) of the ESMQO 1995, the Board shall be deemed to have approved that training, or those conditions, under article 4 of this Order, and if such training is continuing immediately before the relevant date, the Board shall be deemed to approve that training until such time as the Board -
11.
Where a person has applied to the STA for a CCST before the relevant date, but the application has not been determined by that date -
save that nothing in this paragraph shall prevent such a person from withdrawing such an application and making a new application to the Board for a CCT under the provisions in this Order.
12.
Where a person has applied to the STA under article 9(2) or (3) of the ESMQO 1995 (eligibility for entry to the specialist register) before the relevant date but the application has not been determined by that date -
save that nothing in this paragraph shall prevent such a person from withdrawing any application he has made to the STA and making a new application to the Board under articles 14(4) or (5) of this Order (as appropriate).
13.
Where the STA has received a request in relation to its competent authority functions under article 3(4)(b)(i), (ii), (iii), (iv) or (v), or (c)(i) or (ii) of the ESMQO 1995 (the competent authorities) that was received before, but not finally dealt with by, the relevant date, the Board shall deal with the request in accordance with the relevant provisions of the ESMQO 1995.
14.
Where an appeal is made pursuant to article 13(1) of the ESMQO 1995 (appeals) against a decision of the STA before the relevant date but it has not been determined by that date, the appeal shall be determined in accordance with that article.
15.
Where -
the Registrar shall, if requested to do so by that person, include that person's name in the Specialist Register and shall send him notice of having done so.
16.
Where -
that appeal shall be determined in accordance with article 18(6) and (7) of this Order as if the decision to remove that person's name had been taken under article 18(5), and if that appeal is successful, that person's name shall be included in the Specialist Register.
17.
Where -
the Registrar shall, if he is satisfied that that person is a registered medical practitioner, or in the case of an oral and maxillo-facial surgeon, a registered medical practitioner and a registered dentist include that person's name in the Specialist Register and shall send him notice of having done so.
18.
In any case falling within paragraphs 15 to 17, paragraph 8 of Schedule 4 to the Medical Act (service of notifications of decisions) shall apply to notices required by those paragraphs to be sent to any person by the Registrar of the GMC as it applies to the notifications referred to in that paragraph.
19.
In determining any application made to the Board by a person to whom the STA has, before the relevant date, given written advice in relation to his training, the Board shall take that advice into account in determining that person's application.
20.
In paragraphs 9, 11, 12, 13 or 14, if the relevant provisions of the ESMQO 1995 have been repealed, they shall be treated for the purposes of those paragraphs as if they remained in force with such modifications as necessary, including as if references to the STA were to the Board.
(2) The prohibition in sub-paragraph (1) includes -
(b) in Scotland -
(c) in Northern Ireland -
(3) The prohibition in sub-paragraph (1) does not include any person undertaking a period of employment as a GP Registrar, or a person who is provisionally registered under section 15, 15A or 21 of the Medical Act acting in the course of his employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act).
(4) A person who has an acquired right under paragraph 1(d) of Schedule 6 shall not be -
merely because of that acquired right.
(5) A restricted services principal whose name is included in the General Practitioner Register by virtue of -
shall not be entitled to practise otherwise than in accordance with the restriction which applies in his case.
the Registrar shall remove that person's name from the General Practitioner Register or the Specialist Register (as the case may be) and shall send him notice of having done so.
(3) Where it comes to the notice of the Registrar of the GMC that a person removed from the General Practitioner Register or the Specialist Register pursuant to paragraph (2) -
the Registrar shall, if that person so requests, include that person's name in the Specialist Register or the General Practitioner Register (as the case may be) and shall send him notice of having done so.
(4) Where -
the Registrar of the GMC shall treat that person as if he was removed from the appropriate Register pursuant to article 18(1) of this Order, and the procedure in article 18(2) shall accordingly apply to that person.
(2) In this paragraph -
25.
- (1) A direction made under paragraph 24(1) may be made by the Secretary of State only if any requirements about consultation have been complied with in relation to eligible employees to be transferred under the scheme.
(2) A direction made under paragraph 24(1) may apply to all, or any description of, eligible employees.
26.
- (1) The contract of employment of an eligible employee transferred by virtue of a direction made under paragraph 24(1) -
(2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred pursuant to a direction mentioned in that sub-paragraph -
(3) Sub-paragraphs (2)(a) and (b) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs his old employer that he objects to the transfer.
(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of transfer, but he is not to be treated for any purpose as having been dismissed by that employer.
(5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
(6) In this paragraph, "the date of transfer" means, in relation to an eligible employee, the date of the transfer determined under a direction made under paragraph 24(1).
27.
A direction made under paragraph 24(1) may provide for the new employer to carry out any other functions necessary or expedient consequent on the dissolution of the old employers.
National Health Service Act 1977 (c.49)
2.
In the National Health Service Act 1977 -
(c) in section 126 (orders and regulations, and directions), in subsection (2), paragraph (a) shall be omitted.
National Health Service (Scotland) Act 1978 (c.29)
3.
In the National Health Service (Scotland) Act 1978[77] -
(c) section 21 (requirement of suitable experience) and section 22 (regulations as to section 21) shall be omitted;
(d) in section 23 (distribution of general medical services), in subsection (4), ", or as required by section 21" shall be omitted; and
(e) in section 24C (application for inclusion in supplementary list) -
Health and Personal Social Services (Northern Ireland) Order 1978
4.
In the Health and Personal Social Services (Northern Ireland) Order 1978[78], Part III (Vocational Training for Medical Practitioners) shall be omitted.
Medical Act 1983 (c.54)
5.
In section 21A of the Medical Act 1983[79] (full registration for eligible specialists and qualified general practitioners), for sub-sections (2) and (3), there shall be substituted -
(b) who -
and has satisfied the Board that these give him a level of knowledge and skill consistent with practice as a consultant in the National Health Service;
(c) who -
(d) who -
and has satisfied the former competent authority, or the Board pursuant to transitional arrangements, that these give him a level of knowledge and skill consistent with practice as a consultant in that specialty in the National Health Service; and
(b) has been awarded a Certificate of Equivalent Experience by the Joint Committee on Postgraduate Training for General Practice, or by the Board pursuant to transitional arrangements.
(3) In this section -
National Health Service (Primary Care) Act 1997 (c.46)
6.
In the National Health Service (Primary Care) Act 1997 -
(d) in section 33 (medical lists and vacancies: Scotland), subsection (3) shall be omitted.
Health Services (Primary Care) (Northern Ireland) Order 1997
7.
In the Health Services (Primary Care) (Northern Ireland) Order 1997[81] -
(ii) in paragraph 22 (which applies to Wales only), for sub-paragraph (2)(a)(iii), there shall be substituted -
(iii) in paragraph 22A -
(d) in Schedule 3 (information to be considered by a Primary Care Trust when deciding whether or not to declare a vacancy), in Part III, for paragraph 5 there shall be substituted -
(e) in Schedule 12 (information to be included in practice leaflets), for paragraph 20 there shall be substituted -
The Medical Act 1983 (Approved Medical Practice and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998
2.
In regulation 2 of the Medical Act 1983 (Approved Medical Practice and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998[83], for sub-paragraph (1)(b) substitute -
The National Health Service (Appointment of Consultants) Regulations 1996
3.
In the National Health Service (Appointment of Consultants) Regulations 1996[84], for regulation 4(b) (registration requirements), there shall be substituted -
The National Health Service (Appointment of Consultants) (Wales) Regulations 1996
4.
In the National Health Service (Appointment of Consultants) (Wales) Regulations 1996[85], for regulation 4(b) (registration requirements), there shall be substituted -
The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998
5.
In the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998[86], regulation 5 (persons who may perform personal medical services) shall be omitted.
The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999
6.
In the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999[87], the entry in the table in the Schedule to the Order relating to the Joint Committee on General Practitioner Training shall be omitted.
The National Health Service (General Medical Services Supplementary List) Regulations 2001
7.
In the National Health Service (General Medical Services Supplementary List) Regulations 2001[88] -
(b) in regulation 6(2) (grounds for refusal), for sub-paragraph (d) substitute -
The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 (Rheoliadau'r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002)
8.
In the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002[89] -
(b) in regulation 6(2) (grounds for refusal), for sub-paragraph (d) substitute -
Rheoliadau'r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002 (The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002)
9.
Yn Rheoliadau'r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002[90] -
(b) yn rheoliad 6(2) (rhesymau dros wrthod), yn lle is-baragraff (ch) rhodder -
Instrument revoked | References | Extent of revocation |
National Health Service (Vocational Training for General Medical Practice) Regulations 1997 | S.I.1997/2817 | The whole Regulations |
National Health Service (Vocational Training for General Medical Practice) Amendment Regulations 1998 | S.I. 1998/669 | The whole Regulations |
National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 | S.I. 1998/5 | The whole Regulations |
National Health Service (Vocational Training for General Medical Practice) (Scotland) Amendment Regulations 2000 | S.S.I. 2000/23 | The whole Regulations |
Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 | S.R. 1998 No.13 | The whole Regulations |
Vocational Training for General Medical Practice (European Requirements) Regulations 1994 | S.I. 1994/3130 | The whole Regulations |
European Specialist Medical Qualifications Order 1995 | S.I. 1995/3208 | The whole Order |
European Specialist Medical Qualifications Amendment Regulations 1997 | S.I. 1997/2928 | The whole Regulations |
European Specialist Medical Qualifications Amendment Regulations 1999 | S.I. 1999/1373 | The whole Regulations |
European Specialist Medical Qualifications Amendment (No.2) Regulations 1999 | S.I. 1999/3154 | The whole Regulations |
European Specialist Medical Qualifications Amendment Regulations 2002 | S.I. 2002/849 | The whole Regulations |
National Health Service (England) (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Amendment Regulations 2002 | S.I. 2002/543 | The whole Regulations |
The National Health Service (General Medical Services Supplementary List) (Amendment) Regulations 2002 | S.I. 2002/848 | The whole Regulations |
[2] A table of provisions that have come into force is available from the Department of Health, Room 2N35a, Quarry House, Quarry Hill, Leeds, West Yorkshire LS2 7UE.back
[3] Section 29B was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 32(1); and amended by: the Health and Social Care Act 2001 (c. 15), section 15(1) and (2), and section 20(1) and (3); and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 5.back
[4] Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by: the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 1, paragraph 42(b); the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); S.I. 1985/39, article 7(3); the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 8; and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 3.back
[5] Section 43D was inserted by the Health and Social Care Act 2001 (c. 15), section 24, and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 20.back
[6] Section 28C is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(1).back
[7] Section 8ZA was inserted by the Health and Social Care Act 2001(c. 15), section 26(2).back
[8] Section 28DA is to be inserted by the Health and Social Care Act 2001 (c. 15), section 26(1).back
[9] Section 19B is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 33(1).back
[10] Section 24B is to be inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(2).back
[11] Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2).back
[12] Section 17EA was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(1).back
[13] S.I. 1972/1265 (N.I. 14).back
[14] S.I. 1997/1177 (N.I. 7).back
[15] Article 15B is to be inserted by Article 21 of the Health Services (Primary Care) (Northern Ireland) Order 1997 (S.I. 1997/1177 (N.I. 7)).back
[18] 9 and 10 Geo 6 c. 36; as amended by the Government of Wales Act 1998 (c. 38).back
[20] S.I. 1990/593 (N.I. 5).back
[25] S.I. 1979/1644. These Regulations were revoked by S.I. 1997/2817.back
[26] S.I. 1980/30. These Regulations were revoked by S.I. 1998/5.back
[27] S.R. 1979 No. 460. These Rules were revoked by S.R. 1998 No.13.back
[28] S.I. 1979/1644. These Regulations were revoked by S.I. 1997/2817.back
[29] S.I. 1980/30. These Regulations were revoked by S.I. 1998/5.back
[30] S.R. 1979 No. 460. These Rules were revoked by S.R. 1998 No. 13.back
[31] O.J. No. L.165, 7.7.1993, p. 1. This Directive is a consolidation of the earlier Directives as indicated in Annex IV to the Directive, and was applied to EEA States other than members of the EC by Decision No. 7/94 of the EEA Joint Committee of 21 March 1994 (O.J. No. L 160, 28.6.94, p. 1).back
[32] These States are Austria, Finland, Iceland, Liechtenstein, Norway and Sweden.back
[33] O.J. No. C241, 29.8.84, p. 21. Norway did not ratify the Treaty.back
[34] O.J. No. L1, 1.1.1995, p. 1.back
[35] O.J. No. L291, 24.1.1997, p. 35.back
[36] O.J. No. L119, 22.4.98, p. 15.back
[37] O.J. No. L253, 15.9.98, p. 24.back
[38] O.J. No. L139, 2.6.99, p. 25.back
[39] O.J. No. L206, 31.7.2001, p. 1.back
[40] O.J. No. L 1, 3.1.1994, p. 3.back
[41] O.J. No. L 1, 3.1.1994, p. 572.back
[42] O.J. No. L74, 15.3.2001, p. 26.back
[43] O.J. No. L7, 11.1.2001, p. 9.back
[44] O.J. No. L266, 3.10.2002, p. 36. The Agreement has also been amended by other decisions which are not relevant to the Directive.back
[45] S.I. 1995/3208, relevant amendments to which were made by S.I. 1997/2928, 1999/1373 and 3154, and 2002/849.back
[46] 1983 c. 54; as amended by: the Medical (Professional Performance) Act 1995 (c. 51); the National Health Service (Primary Care) Act 1997 (c. 46); the National Health Service Reform and Health Care Professions Act 2002 (c. 17); and S.I. 1986/23, 1996/1591, 2000/1803, 2000/3041 and 2002/3135.back
[53] S.I. 1997/2817, relevant amendments to which were made by S.I. 1998/669.back
[55] S.I. 1998/5, relevant amendments to which were made by S.I. 1998/669 and S.I. 2000/23.back
[56] S.I. 1979/1644. Relevant amendments were made by S.I. 1980/1900, 1981/1790, 1984/215, 1985/1353, 1986/1642 and 1991/406.back
[57] S.R. 1979 No. 460. Relevant amendments were made by S.R. 1986 No. 69 and 1986 No. 309.back
[58] S.I. 1980/30. Relevant amendments were made by S.I. 1986/1657 and 1991/576.back
[60] S.I. 1974/506. Relevant amendments were made by S.I. 1978/1762, 1985/1625 and 1989/1990.back
[62] Section 29B was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 32(1); and amended by: the Health and Social Care Act 2001 (c. 15), section 15(1) and (2), and section 20(1) and (3); and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 5.back
[63] Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by: the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 1, paragraph 42(b); the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); S.I. 1985/39, article 7(3); the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 8; and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 3.back
[64] Section 43D was inserted by the Health and Social Care Act 2001 (c. 15), section 24, and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 20.back
[65] Section 28C is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(1).back
[66] Section 8ZA was inserted by the Health and Social Care Act 2001 (c. 15), section 26(2).back
[67] Section 28DA is to be inserted by the Health and Social Care Act 2001 (c. 15), section 26(1).back
[68] Section 19B is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 33(1).back
[69] Section 24B is to be inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(2).back
[70] Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2).back
[71] Section 17EA was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(1).back
[72] S.I. 1972/1265 (N.I. 14).back
[73] S.I. 1997/1177 (N.I. 7).back
[74] Article 15B is to be inserted by article 21 of the Health Services (Primary Care) (Northern Ireland) Order 1997 (S.I. 1997/1177 (N.I. 7)).back
[76] 1976 c. 74, to which relevant amendments were made by S.I. 2001/3457.back
[77] 1978 c. 29, to which relevant amendments were made by: the National Health Service (Primary Care) Act 1997, section 22(2) (insofar as it relates to personal medical services, section 22(2) is in force, but it is not yet in force in relation to personal dental services); and by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18.back
[78] S.I. 1978/1907 (N.I.26).back
[79] 1983 c. 54; section 21A was inserted by S.I. 2002/3135.back
[80] Section 22(2) of the National Health Service (Primary Care) Act 1997 that inserts section 17E into the National Health Service (Scotland) Act 1978 has been commenced insofar as it relates to personal medical services but not in relation to personal dental services.back
[81] S.I. 1997/1177 (N.I.7).back
[82] S.I. 1992/635, relevant amendments to which were made by S.I. 1998/2838, 2001/3742 and 2003/26.back
[83] S.I. 1998/1664, relevant amendments to which were made by S.I. 2000/3040.back
[86] S.I. 1998/646, relevant amendments to which were made by S.I. 2002/543.back
[88] S.I. 2001/3740, relevant amendments to which were made by S.I. 2002/848.back
[89] S.I. 2002/1882(W.191), relevant amendments to which were made by S.I. 2002/2802 (W.270).back
[90] O.S. 2002/1882 (Cy. 191), y gwnaed diwygiadau perthnasol iddo gan O.S. 2002/2802 (Cy. 270).back
© Crown copyright 2003 | Prepared 19 May 2003 |