The Medical Act 1983 (Amendment) Order 2002

Made: 17th December 2002

Coming into force in accordance with article 1(2) and (3)

At the Court at Buckingham Palace, the 17th day of December 2002

Present,

The Queen’s Most Excellent Majesty in Council

Whereas the Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to the Health Act 1999 and the period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.

Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament in accordance with section 62(9) of that Act.

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 60 and 62(4) of the Health Act 1999 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

PART I — General

Citation, commencement, extent and interpretation

1

• (1) This Order may be cited as the Medical Act 1983 (Amendment) Order 2002.

• (2) This article and—

• (a) article 2 in so far as it relates to the provisions commenced by sub-paragraphs (b) to (h) and (k) below;

• (b) article 3;

• (c) article 4, except in so far as it relates to the new paragraphs 1(3), 2(4)(c), 2(5)(b), 3(2)(b) and 4A of Schedule 1 to the Act;

• (d) article 6(2) to (10), and article 6(1) in so far as it relates to those provisions;

• (e) article 7(2)(a)(i) and (ii) and (2)(b), and article 7(1) in so far it relates to those provisions;

• (f) article 9(2), (3), (4)(a) to (c) and (5)(c);

• (g) article 10, in so far as it relates to section 29G(1)(a), (2) and (3);

• (h) article 15(1), (6)(a) and (b), (6)(c) in so far as it provides for the definition of “exempt person”, “professional performance” and “revalidation”, and (7);

• (i) article 16(3) to (5);

• (j) paragraph 11 of Schedule 1, and article 16(1) in so far as it relates to that paragraph; and

• (k) paragraphs 2, 3, 4, 34 and 35 of Schedule 2, and article 16(2) and paragraph 1 of that Schedule in so far as they relate to those paragraphs,

come into force forthwith upon the making of this Order; and the other provisions of this Order shall come into force on such days as the Secretary of State may specify.

• (3) Different days may be specified under paragraph (2) for different purposes and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that date.

• (4) Subject to paragraph (5), this Order shall extend to England and Wales, Scotland and Northern Ireland.

• (5) The extent of any amendment of any enactment or instrument in Schedule 1 is the same as that of the enactment or instrument amended.

• (6) In this Order, “the Act” means the Medical Act 1983 .

Amendment of the Act

2

The Act shall be amended in accordance with articles 3 to 15 of this Order.

PART II — The General Medical Council

Main objective of the General Council

3

In section 1 (the General Medical Council) after subsection (1) insert—

(1A) The main objective of the General Council in exercising their functions is to protect, promote and maintain the health and safety of the public.

Amendments of Schedule 1

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• (1) Schedule 1 (the General Medical Council and its committees, and the branch councils) is amended as follows.

• (2) In paragraph 1 after sub-paragraph (2) insert—

(3) The General Council shall consist of no more than 35 members.

• (3) In paragraph 2—

• (a) after sub-paragraph (1) insert—

(1A) The provision that may be made by an electoral scheme includes provision for any of the constituencies listed in sub-paragraph (1)(a) to (d) above to be divided into two or more separate constituencies.

• (b) for sub-paragraph (4) substitute—

(4) The persons qualified to elect the elected members for any constituency shall be those who, on a date determined in accordance with the electoral scheme— (a) are resident in the constituency for which the election is held; (b) are fully registered, provisionally registered or registered with limited registration; and (c) are holders of licences to practise.

and

• (c) for sub-paragraph (5) substitute—

(5) A person shall not be qualified to be elected as an elected member unless he— (a) is fully registered, provisionally registered or registered with limited registration; and (b) holds a licence to practise. (5A) An electoral scheme shall make provision for the disclosure to those qualified to vote at an election of information (including information concerning fitness to practise) relating to a person seeking election.

• (4) In paragraph 3 for sub-paragraphs (1) and (2) substitute—

(1) Appointed members shall be chosen by such bodies as are designated for the time being as appointing bodies by an Order in Council under section 1 of this Act. (2) A person shall not be qualified to be chosen as an appointed member unless he— (a) is fully registered, provisionally registered or registered with limited registration; and (b) holds a licence to practise.

• (5) In paragraph 4 for sub-paragraph (3) substitute—

(3) A nominated member shall be a person who is neither fully registered nor a holder of any qualification registrable under this Act.

• (6) After paragraph 4 insert—

(4A) (1) The General Council shall by rules make provision for the suspension or removal from office of a member by the General Council in such circumstances as may be specified in the rules. (2) Rules under sub-paragraph (1) above shall provide for an elected member or an appointed member to be removed from office if he ceases— (a) to be registered; or (b) to hold a licence to practise. (3) Standing orders of the General Council shall make provision for the procedure by which a member may be suspended or removed from office. (4) No rules under sub-paragraph (1) above shall come into force until approved by order of the Privy Council. (4B) (1) The General Council must establish and maintain a system for the declaration and registration of private interests of members of the Council. (2) The General Council must publish entries recorded in the register of members’ private interests.

• (7) For paragraph 7 substitute—

(7) (1) Notwithstanding paragraph 1(2) above, an Order in Council under section 1 of this Act— (a) may make provision permitting elections to fill casual vacancies among the elected members to be held together, but (b) may not permit a casual vacancy among the elected members to be left unfilled for a period exceeding six months, except in accordance with paragraph (c) below, and (c) may make provision that a casual vacancy among the elected members need not be filled if the unexpired term of the elected member giving rise to the vacancy is less than twelve months. (2) In sub-paragraph (1) above the “unexpired term” means the period beginning with the date on which the member ceased to be a member and ending with the date on which his full term of office would have expired.

• (8) For paragraph 13 substitute—

(13) The quorum of the General Council shall be prescribed by Her Majesty by Order in Council made under section 1 of this Act.

PART III — Committees of the council

Committees

5

• (1) The Interim Orders Committee, the Preliminary Proceedings Committee, the Professional Conduct Committee, the Assessment Referral Committee, the Committee on Professional Performance and the Health Committee are abolished.

• (2) In section 1 (the General Medical Council) for subsection (3) substitute—

(3) The General Council shall have the following committees— (a) the Education Committee, (b) one or more Interim Orders Panels, (c) one or more Registration Decisions Panels, (d) one or more Registration Appeals Panels, (e) the Investigation Committee, (f) one or more Fitness to Practise Panels, constituted in accordance with Part III of Schedule 1 to this Act and having the functions assigned to them by or under this Act. (3A) The committees of the General Council specified in paragraphs (a) to (f) of subsection (3) above are referred to in this Act as “the statutory committees”.

• (3) For paragraphs 19 to 24 of Schedule 1 substitute—

(19) Subject to the power of the Committee under paragraph 25 below to co-opt members, the composition of the Education Committee shall be such as the General Council think fit. (19A) Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, an Interim Orders Panel shall be constituted as provided by rules made under this paragraph by the General Council. (19B) Subject to the power of the Panel under paragraph 25 below to co-opt members, a Registration Decisions Panel shall be constituted as provided by rules made under this paragraph by the General Council. (19C) Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Registration Appeals Panel shall be constituted as provided by rules made under this paragraph by the General Council. (19D) Subject to the power of the Committee under paragraph 25 below to co-opt members, the Investigation Committee shall be constituted as provided by rules made under this paragraph by the General Council. (19E) Subject to the restrictions on membership specified in paragraph 23 below and to the power of the Panel under paragraph 25 below to co-opt members, a Fitness to Practise Panel shall be constituted as provided by rules made under this paragraph by the General Council. (23) Rules under paragraphs 19A, 19C and 19E above shall secure that— (a) only persons who are not members of the General Council shall be members of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel; (b) a person who sits as a member of an Interim Orders Panel or Fitness to Practise Panel that has made an interim order in proceedings on any case shall not sit as a member of a Fitness to Practise Panel in any subsequent proceedings in that case; and (c) a person who is a member of the Investigation Committee or a Registration Decisions Panel may not at the same time be a member of an Interim Orders Panel, a Registration Appeals Panel or a Fitness to Practise Panel. (23B) Rules under paragraph 19A, 19B, 19C, 19D or 19E above may make provision as to quorum. (24) Rules under paragraph 19A, 19B, 19C, 19D or 19E above shall not come into force until approved by order of the Privy Council.

• (4) In paragraph 25—

• (a) in sub-paragraph (1) omit “out of their membership”;

• (b) after sub-paragraph (1) insert—

(1A) Any committee of the General Council may consist of or include persons who are not members of the Council.

• (c) at the beginning of sub-paragraph (2) insert—

PART IV — Registration

Registration

6

• (1) Part III (registration of persons qualifying overseas) is amended as follows.

• (2) For section 19 (full registration of persons by virtue of recognised overseas qualifications) substitute—

(19) (1) Where an exempt person satisfies the Registrar— (a) that he holds an acceptable overseas qualification other than a primary European qualification; (b) that he has acquired experience in the practice of medicine, whether in the course of employment in the United Kingdom or in the course of employment outside the United Kingdom, which is not less extensive than that required for a certificate under section 10 above; and (c) that he is of good character, that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner. (2) In this Act “exempt person” means a person who— (a) is a national of an EEA State other than the United Kingdom; (b) is a national of the United Kingdom who is exercising an enforceable Community right; or (c) is not a national of an EEA State, but is, by virtue of a right conferred by article 11 of Regulation (EEC) No 1612/68, or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State. (3) In determining an application by any person for registration under this section, the General Council shall take into account— (a) if the applicant holds a qualification granted outside the European Economic Area which has been accepted by another EEA State as qualifying him to practise as a medical practitioner in that State, the acceptance of the qualification; and (b) all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application. (4) Subsection (4) of section 10 above shall apply to a person prevented from embarking on, or completing, a period of experience required for the purposes of this section as it applies to a person prevented from embarking on, or completing, a period of experience required for the purposes of that section.

• (3) Omit section 20(experience required for full registration by virtue of recognised overseas qualifications).

• (4) In section 21 (provisional registration)—

• (a) in subsection (1) for “section 20(2)(a)” substitute “ section 19(1)(b) ”;

• (b) in subsection (2) omit “, (b)”; and

• (c) for subsection (2A) substitute—

(2A) Subsection (3) of section 19 above applies in relation to an application for registration under this section as it applies in relation to an application for registration under that section.

• (5) After section 21 insert—

(21A) (1) Where a person satisfies the Registrar— (a) that he holds an acceptable overseas qualification other than a primary European qualification; (b) that he is an eligible specialist or a qualified general practitioner; (c) that he is of good character; and (d) that he has the necessary knowledge of English or is an exempt person, that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner. (2) In subsection (1)(b) above— - “eligible specialist” means a person— 1. who— 1. has specialist medical qualifications awarded outside the United Kingdom in a medical specialty in which the United Kingdom awards a CCST, and 2. has satisfied the competent authority that those qualifications are equivalent to a CCST; or 2. who— 1. has specialist medical qualifications awarded outside the United Kingdom in a specialty in which the United Kingdom does not award a CCST, or 2. has knowledge of or experience in any medical specialty derived from academic or research work, - “qualified general practitioner” means a person who has been awarded a Certificate of Equivalent Experience by the Joint Committee on Postgraduate Training for General Practice. (3) In this section— - “CCST” means a Certificate of Completion of Specialist Training; and - “competent authority” means the competent authority for the purpose of article 9(2) and (3) of the European Specialist Medical Qualifications Order 1995.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) In section 26 (registration of qualifications)—

• (a) in subsection (1)—

• (i) for “19 or 21” substitute “ 19, 21 or 21A ”,

• (ii) for “recognised overseas qualification or qualifications” substitute “ acceptable overseas qualification ”,

• (iii) omit paragraph (a), and

• (iv) in paragraph (b) for the words from “subject to” to “(other than a recognised overseas qualification)” substitute “ subject to subsection (3) below, any overseas qualification ”.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) Omit sections 28(the Review Board for Overseas Qualified Practitioners) and 29 (functions of the Review Board).

The Register and proof of registration

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• (1) Part IV (general provisions concerning registration) is amended as follows.

• (2) In section 30 (the registers)—

• (a) in subsection (1)—

• (i) for “contain” substitute “ include ”,

• (ii) in paragraph (a) from “section 19 or 21” to the end of that paragraph substitute “ section 19, 21, 21A or 25 above; ”, and

• (iii) omit paragraph (b); and

• (b) in each of subsections (2) and (3) for “contain” substitute “ include ”.

• (3) In section 31 (power to make regulations with respect to the registers)—

• (a) omit subsections (5) to (7);

• (b) in subsection (8)omit “subsection (6) above or”;

• (c) in subsection (9) omit from “but nothing” to the end of that subsection; and

• (d) in subsection (10) omit “(5), (6),”.

• (4) For section 34 (the Medical Register and Overseas Medical Register) substitute—