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The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

Type Statutory-Instrument

Publication 2003-05-08

Last updated 2010-04-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 8th May 2003

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

At the Court at Buckingham Palace, the 8th day of May 2003

Present,

The Queen’s Most Excellent Majesty in Council

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PART 1 — GENERAL

Citation and commencement

1

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Interpretation

2

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PART 2 — THE BOARD AND ITS COMMITTEES

The Postgraduate Medical Education and Training Board and its committees

3

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PART 3 — EDUCATION AND TRAINING

Education and training leading to the award of a Certificate of Completion of Training

4

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Minimum requirements for general practice training

5

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Minimum requirements for specialist training

6

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Visiting panels

7

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Award and withdrawal of a Certificate of Completion of Training

8

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Information to be provided to the Board

9

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PART 4 — THE REGISTERS

The General Practitioner Register

10

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General practitioners eligible for entry in the General Practitioner Register

11

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Acquired rights of general practitioners

12

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The Specialist Register

13

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Specialists eligible for entry in the Specialist Register

14

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Recognised specialist qualifications

15

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Decisions on inclusion in the Registers

16

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Access to the Registers etc.

17

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Removal and suspension from the Registers

18

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PART 5 — THE COMPETENT AUTHORITIES FOR CERTAIN EEA PURPOSES

Specific training in general practice

19

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Specialist qualifications

20

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PART 6 — APPEALS

Appeal to an Appeal Panel against a decision of the Board

21

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Appeal to a court or sheriff against a decision of an Appeal Panel

22

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Appeals against decisions on inclusion in the Registers

23

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PART 7 — MISCELLANEOUS

Fees

24

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Rules and orders

25

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Default powers of the Secretary of State

26

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Annual reports

27

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Review of the Board’s exercise of its functions

28

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Accounts of the Board

29

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Amendment to the Medical Act and the Medical Act 1983 (Amendment) Order 2002

30

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Extent, transitional, transitory, saving and consequential provisions

31

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SCHEDULE 1 — INTERPRETATION

In this Order—

“1977 Act” means the National Health Service Act 1977[^f00022];

“1978 Act” means the National Health Service (Scotland) Act 1978[^f00023];

“1997 Act” means the National Health Service (Primary Care) Act 1997[^f00024];

“Appeal Panel” has the meaning assigned to it in article 21(1);

“the Board” means the Postgraduate Medical Education and Training Board;

“certificate of acquired rights” means a certificate issued under article 36(4) of the Directive, to the effect that its holder has an acquired right to practise as a general practitioner under the national social security scheme of the issuing State without a vocational training certificate in general practice;

“certificate of equivalent experience” means a certificate issued by the JCPTGP pursuant to— regulation 12 of the Vocational Training Regulations (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979[^f00025]; regulation 12 of the Vocational Training Regulations (Scotland) (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the National Health Service (Vocational Training) (Scotland) Regulations 1980[^f00026]; regulation 12 of the Vocational Training Regulations (Northern Ireland) (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979[^f00027], or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

“certificate of prescribed experience” means a certificate issued by the JCPTGP pursuant to— regulation 10 of the Vocational Training Regulations (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979[^f00028]; regulation 10 of the Vocational Training Regulations (Scotland) (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the National Health Service (Vocational Training) (Scotland) Regulations 1980[^f00029]; regulation 10 of the Vocational Training Regulations (Northern Ireland) (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979[^f00030], or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

“competent authority”, in relation to an EEA State, means the authority or body designated by that State as competent for the relevant purposes of the Directive;

“consultant in the National Health Service” means a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the National Health Service;

“CCT” means Certificate of Completion of Training awarded under article 8, including any such certificate awarded in pursuance of the Board’s competent authority functions specified in article 20(3)(a);

“CCST” means a Certificate of Completion of Specialist Training awarded by the STA under the ESMQO 1995 or a Certificate of Completion of Specialist Training issued by the Board, in accordance with the provisions of the ESMQO 1995, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

“the Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications[^f00031]— as adapted by paragraph 4(b), (c) and (d) of Annex VII to the EEA Agreement (where the specialist medical qualifications awarded in certain EEA States[^f00032] and the names given to specialities in those States are set out); and as amended by— the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on 24th June 1994[^f00033], as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union[^f00034], Council Directive 97/50/EC[^f00035], Commission Directive 98/21/EC[^f00036], Commission Directive 98/63/EC[^f00037], Commission Directive 1999/46/EC[^f00038] and Directive 2001/19/EC[^f00039], and the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;

“EEA” means European Economic Area which shall be read as including Switzerland;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 [^f00040] as adjusted by the Protocol signed at Brussels on 17th March 1993[^f00041], as amended by Decisions of the EEA Joint Committee Nos. 190/1999 of 17th December 1999[^f00042], 89/2000 of 27th October 2000[^f00043] and 84/2002 of 25th June 2002[^f00044];

“EEA State” means a Contracting Party to the EEA Agreement or Switzerland;

“ESMQO 1995” means the European Specialist Medical Qualifications Order 1995[^f00045];

“fee” shall be construed in accordance with article 24;

“general practitioner” means a general medical practitioner;

“GMC” means the General Medical Council;

“General Practitioner Register” means the register maintained by the GMC pursuant to article 10(1);

“GP Registrar” has the meaning assigned to it in article 5(5);

“GP Trainer” has the meaning assigned to it in article 5(4);

“JCPTGP” means the Joint Committee on Postgraduate Training for General Practice;

“Medical Act” means the Medical Act 1983[^f00046];

“National Health Service” means the health services established in pursuance of the National Health Service Act 1946, the National Health Service (Scotland) Act 1947 or any health services provided in pursuance of article 4(a) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00047];

“prescribed” means prescribed in rules made by the Board;

“registered dentist” has the same meaning as in the Dentists Act 1984[^f00048];

“the Registers” means the General Practitioner Register and the Specialist Register;

“restricted services principal” means the same as in the National Health Service (General Medical Services) Regulations 1992[^f00049], the National Health Service (General Medical Services) (Scotland) Regulations 1995[^f00050], or the General Medical Services Regulations (Northern Ireland) 1997[^f00051], as the case may be;

“the 1994 Regulations” means the Vocational Training for General Medical Practice (European Requirements) Regulations 1994[^f00052];

“Specialist Register” means the register maintained by the GMC pursuant to article 13(1);

“statement of eligibility for registration” has the meaning assigned to it in article 11(7) for general practitioners and article 14(11) for specialist medical practitioners;

“statutory committees” has the meaning assigned to it in article 3(8);

“STA” means the Specialist Training Authority of the medical Royal Colleges;

“United Kingdom country” means England, Scotland, Wales or Northern Ireland;

“vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in Article 30 of the Directive;

“Vocational Training Regulations” means the National Health Service (Vocational Training for General Medical Practice) Regulations 1997[^f00053];

“Vocational Training Regulations (Northern Ireland)” means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998[^f00054]; and

“Vocational Training Regulations (Scotland)” means the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998[^f00055].

SCHEDULE 2 — THE POSTGRADUATE MEDICAL EDUCATION AND TRAINING BOARD AND ITS STATUTORY COMMITTEES

PART 1 — THE BOARD

Membership

1

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Tenure of office of members

2

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The chair

3

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Delegation of appointment of members and the first chair

4

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Observers

5

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Grants and loans to the Board

6

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Procedure of the Board and its committees

7

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Members' interests

8

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Complaints

9

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Powers of the Board

10

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PART 2 — THE STATUTORY COMMITTEES

The Training Committee

11

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The Assessment Committee

12

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Procedure of the statutory committees

13

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SCHEDULE 3 — SPECIALTIES IN WHICH THE UK AWARDS A CCT, AND ANY MINIMUM TRAINING PERIODS

PART 1 — SPECIALTIES WITH MINIMUM TRAINING PERIODS

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)

PART 2 — OTHER SPECIALTIES

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

SCHEDULE 4 — TEXT OF ARTICLES 30, 31(1) AND 34 OF THE DIRECTIVE

Article 30

1

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Article 31

1

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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:

the total duration of training may not be shortened because it is being followed on a part-time basis,

the weekly duration of part-time training may not be less than 50 per cent of weekly full-time training,

part-time training must include a certain number of full-time training periods, both for the training conducted at a hospital or clinic and for the training given in an approved medical practice or in an approved centre where doctors provide primary care. These full-time training periods shall be of sufficient number and duration as to provide adequate preparation for the effective exercise of general medical practice.

2

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SCHEDULE 5 — TEXT OF ANNEX I TO THE DIRECTIVE

Characteristics of the Full-Time and Part-Time Training of Specialists as Referred to in Articles 24(1)(C) and 25

1

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2

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SCHEDULE 6 — ACQUIRED RIGHTS OF GENERAL PRACTITIONERS IN THE UNITED KINGDOM

1

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2

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3

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PART 1 — THE ESMQO 1995 AND THE VOCATIONAL TRAINING REGULATIONS

Interpretation

1

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General practitioners

2

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3

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4

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5

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6

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7

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8

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Specialists

9

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10

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11

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12

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13

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14

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15

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16

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17

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18

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19

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20

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PART 2 — THE GENERAL PRACTITIONER REGISTER

General practitioners permitted to work within the National Health Service during the transitional period

21

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22

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PART 3 — THE MEDICAL ACT 1983 (AMENDMENT) ORDER 2002

23

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PART 4 — TRANSFER OF STAFF, RIGHTS AND LIABILITIES

24

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25

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26

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27

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SCHEDULE 9 — CONSEQUENTIAL AMENDMENTS TO PRIMARY LEGISLATION

Race Relations Act 1976 (c. 74)

1

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National Health Service Act 1977 (c. 49)

2

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National Health Service (Scotland) Act 1978 (c. 29)

3

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4

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Medical Act 1983 (c. 54)

5

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National Health Service (Primary Care) Act 1997 (c. 46)

6

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Health Services (Primary Care) (Northern Ireland) Order 1997

7

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SCHEDULE 10 — CONSEQUENTIAL AMENDMENTS TO, AND REVOCATIONS OF, SECONDARY LEGISLATION

PART 1 — CONSEQUENTIAL AMENDMENTS

The National Health Service (General Medical Services) Regulations 1992

1

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The Medical Act 1983 (Approved Medical Practice and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998

2

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The National Health Service (Appointment of Consultants) Regulations 1996

3

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The National Health Service (Appointment of Consultants) (Wales) Regulations 1996

4

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The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998

5

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The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999

6

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The National Health Service (General Medical Services Supplementary List) Regulations 2001

7

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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

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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

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PART 2 — REVOCATIONS

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

Signed

A. K. Galloway — Clerk of the Privy Council

Explanatory note

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Footnotes

[^f00001]: 1999 c. 8.

[^f00002]: 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.

[^f00003]: 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.

[^f00004]: 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.

[^f00005]: 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.

[^f00006]: Section 28C is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(1).

[^f00007]: Section 8ZA was inserted by the Health and Social Care Act 2001(c. 15), section 26(2).

[^f00008]: Section 28DA is to be inserted by the Health and Social Care Act 2001 (c. 15), section 26(1).

[^f00009]: Section 19B is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 33(1).

[^f00010]: Section 24B is to be inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(2).

[^f00011]: Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2).

[^f00012]: Section 17EA was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(1).

[^f00013]: S.I. 1972/1265 (N.I. 14).

[^f00014]: S.I. 1997/1177 (N.I. 7).

[^f00015]: 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)).

[^f00016]: 1984 c. 24.

[^f00017]: 1990 c. 41.

[^f00018]: 9 and 10 Geo 6 c. 36; as amended by the Government of Wales Act 1998 (c. 38).

[^f00019]: 1989 c. 40.

[^f00020]: S.I. 1990/593 (N.I. 5).

[^f00021]: S.I. 2002/3135.

[^f00022]: 1977 c. 49.

[^f00023]: 1978 c. 29.

[^f00024]: 1997 c. 46.

[^f00025]: S.I. 1979/1644. These Regulations were revoked by S.I. 1997/2817.

[^f00026]: S.I. 1980/30. These Regulations were revoked by S.I. 1998/5.

[^f00027]: S.R. 1979 No. 460. These Rules were revoked by S.R. 1998 No.13.

[^f00028]: S.I. 1979/1644. These Regulations were revoked by S.I. 1997/2817.

[^f00029]: S.I. 1980/30. These Regulations were revoked by S.I. 1998/5.

[^f00030]: S.R. 1979 No. 460. These Rules were revoked by S.R. 1998 No. 13.

[^f00031]: 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).

[^f00032]: These States are Austria, Finland, Iceland, Liechtenstein, Norway and Sweden.

[^f00033]: O.J. No. C241, 29.8.84, p. 21. Norway did not ratify the Treaty.

[^f00034]: O.J. No. L1, 1.1.1995, p. 1.

[^f00035]: O.J. No. L291, 24.1.1997, p. 35.

[^f00036]: O.J. No. L119, 22.4.98, p. 15.

[^f00037]: O.J. No. L253, 15.9.98, p. 24.

[^f00038]: O.J. No. L139, 2.6.99, p. 25.

[^f00039]: O.J. No. L206, 31.7.2001, p. 1.

[^f00040]: O.J. No. L 1, 3.1.1994, p. 3.

[^f00041]: O.J. No. L 1, 3.1.1994, p. 572.

[^f00042]: O.J. No. L74, 15.3.2001, p. 26.

[^f00043]: O.J. No. L7, 11.1.2001, p. 9.

[^f00044]: 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.

[^f00045]: S.I. 1995/3208, relevant amendments to which were made by S.I. 1997/2928, 1999/1373 and 3154, and 2002/849.

[^f00046]: 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.

[^f00047]: S.I. 1972/1265 (NI).

[^f00048]: 1984 c. 24.

[^f00049]: S.I. 1992/635.

[^f00050]: S.I. 1995/416.

[^f00051]: S.R. 1997 No. 380.

[^f00052]: S.I. 1994/3130.

[^f00053]: S.I. 1997/2817, relevant amendments to which were made by S.I. 1998/669.

[^f00054]: S.R. 1998 No. 13.

[^f00055]: S.I. 1998/5, relevant amendments to which were made by S.I. 1998/669 and S.I. 2000/23.

[^f00056]: S.I. 1979/1644. Relevant amendments were made by S.I. 1980/1900, 1981/1790, 1984/215, 1985/1353, 1986/1642 and 1991/406.

[^f00057]: S.R. 1979 No. 460. Relevant amendments were made by S.R. 1986 No. 69 and 1986 No. 309.

[^f00058]: S.I. 1980/30. Relevant amendments were made by S.I. 1986/1657 and 1991/576.

[^f00059]: S.I. 1992/635.

[^f00060]: S.I. 1974/506. Relevant amendments were made by S.I. 1978/1762, 1985/1625 and 1989/1990.

[^f00061]: S.R. 1997 No. 380.

[^f00062]: 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.

[^f00063]: 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.

[^f00064]: 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.

[^f00065]: Section 28C is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(1).

[^f00066]: Section 8ZA was inserted by the Health and Social Care Act 2001 (c. 15), section 26(2).

[^f00067]: Section 28DA is to be inserted by the Health and Social Care Act 2001 (c. 15), section 26(1).

[^f00068]: Section 19B is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 33(1).

[^f00069]: Section 24B is to be inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(2).

[^f00070]: Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2).

[^f00071]: Section 17EA was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(1).

[^f00072]: S.I. 1972/1265 (N.I. 14).

[^f00073]: S.I. 1997/1177 (N.I. 7).

[^f00074]: 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)).

[^f00075]: S.I. 2002/3135.

[^f00076]: 1976 c. 74, to which relevant amendments were made by S.I. 2001/3457.

[^f00077]: 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.

[^f00078]: S.I. 1978/1907 (N.I.26).

[^f00079]: 1983 c. 54; section 21A was inserted by S.I. 2002/3135.

[^f00080]: 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.

[^f00081]: S.I. 1997/1177 (N.I.7).

[^f00082]: S.I. 1992/635, relevant amendments to which were made by S.I. 1998/2838, 2001/3742 and 2003/26.

[^f00083]: S.I. 1998/1664, relevant amendments to which were made by S.I. 2000/3040.

[^f00084]: S.I. 1996/701.

[^f00086]: S.I. 1998/646, relevant amendments to which were made by S.I. 2002/543.

[^f00087]: S.I. 1999/1319.

[^f00088]: S.I. 2001/3740, relevant amendments to which were made by S.I. 2002/848.

[^f00089]: S.I. 2002/1882(W.191), relevant amendments to which were made by S.I. 2002/2802 (W.270).

[^f00090]: O.S. 2002/1882 (Cy. 191), y gwnaed diwygiadau perthnasol iddo gan O.S. 2002/2802 (Cy. 270).

In this Order—

“1977 Act” means the National Health Service Act 1977 ;

“1978 Act” means the National Health Service (Scotland) Act 1978 ;

“1997 Act” means the National Health Service (Primary Care) Act 1997 ;

“Appeal Panel” has the meaning assigned to it in article 21(1);

“the Board” means the Postgraduate Medical Education and Training Board;

“certificate of acquired rights” means a certificate issued under article 36(4) of the Directive, to the effect that its holder has an acquired right to practise as a general practitioner under the national social security scheme of the issuing State without a vocational training certificate in general practice;

“certificate of equivalent experience” means a certificate issued by the JCPTGP pursuant to—regulation 12 of the Vocational Training Regulations (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979 ;regulation 12 of the Vocational Training Regulations (Scotland) (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the National Health Service (Vocational Training) (Scotland) Regulations 1980 ;regulation 12 of the Vocational Training Regulations (Northern Ireland) (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979 ,or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

“certificate of prescribed experience” means a certificate issued by the JCPTGP pursuant to—regulation 10 of the Vocational Training Regulations (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979 ;regulation 10 of the Vocational Training Regulations (Scotland) (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the National Health Service (Vocational Training) (Scotland) Regulations 1980 ;regulation 10 of the Vocational Training Regulations (Northern Ireland) (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979 ,or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

“competent authority”, in relation to an EEA State, means the authority or body designated by that State as competent for the relevant purposes of the Directive;

“consultant in the National Health Service” means a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the National Health Service;

“CCT” means Certificate of Completion of Training awarded under article 8, including any such certificate awarded in pursuance of the Board’s competent authority functions specified in article 20(3)(a);

“CCST” means a Certificate of Completion of Specialist Training awarded by the STA under the ESMQO 1995 or a Certificate of Completion of Specialist Training issued by the Board, in accordance with the provisions of the ESMQO 1995, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

“the Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications —as adapted by paragraph 4(b), (c) and (d) of Annex VII to the EEA Agreement (where the specialist medical qualifications awarded in certain EEA States and the names given to specialities in those States are set out); andas amended by—the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union ,Council Directive 97/50/EC , Commission Directive 98/21/EC , Commission Directive 98/63/EC , Commission Directive 1999/46/EC and Directive 2001/19/EC , andthe Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;

“EEA” means European Economic Area which shall be read as including Switzerland;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 , as amended by Decisions of the EEA Joint Committee Nos. 190/1999 of 17th December 1999 , 89/2000 of 27th October 2000 and 84/2002 of 25th June 2002 ;

“EEA State” means a Contracting Party to the EEA Agreement or Switzerland;

“ESMQO 1995” means the European Specialist Medical Qualifications Order 1995 ;

“fee” shall be construed in accordance with article 24;

“general practitioner” means a general medical practitioner;

“GMC” means the General Medical Council;

“General Practitioner Register” means the register maintained by the GMC pursuant to article 10(1);

“GP Registrar” has the meaning assigned to it in article 5(5);

“GP Trainer” has the meaning assigned to it in article 5(4);

“JCPTGP” means the Joint Committee on Postgraduate Training for General Practice;

“Medical Act” means the Medical Act 1983 ;

“National Health Service” means the health services established in pursuance of the National Health Service Act 1946, the National Health Service (Scotland) Act 1947 or any health services provided in pursuance of article 4(a) of the Health and Personal Social Services (Northern Ireland) Order 1972 ;

“prescribed” means prescribed in rules made by the Board;

“registered dentist” has the same meaning as in the Dentists Act 1984 ;

“the Registers” means the General Practitioner Register and the Specialist Register;

“restricted services principal” means the same as in the National Health Service (General Medical Services) Regulations 1992 , the National Health Service (General Medical Services) (Scotland) Regulations 1995 , or the General Medical Services Regulations (Northern Ireland) 1997 , as the case may be;

“the 1994 Regulations” means the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 ;

“Specialist Register” means the register maintained by the GMC pursuant to article 13(1);

“statement of eligibility for registration” has the meaning assigned to it in article 11(7) for general practitioners and article 14(11) for specialist medical practitioners;

“statutory committees” has the meaning assigned to it in article 3(8);

“STA” means the Specialist Training Authority of the medical Royal Colleges;

“United Kingdom country” means England, Scotland, Wales or Northern Ireland;

“vocational training certificate” means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in Article 30 of the Directive;

“Vocational Training Regulations” means the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 ;

“Vocational Training Regulations (Northern Ireland)” means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 ; and

“Vocational Training Regulations (Scotland)” means the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 .

Note: The specialties marked * above are those listed in Annex C of the Directive which are common to all EEA States. The remaining specialties are those in which the UK awards a qualification but which are peculiar to two or more EEA States.

Article 30

Each Member State which dispenses the complete training referred to in Article 23 within its territory shall institute specific training in general medical practice meeting requirements at least as stringent as those laid down in Articles 31 and 32, in such a manner that the first diplomas, certificates or other evidence of formal qualifications awarded on completion of the course are issued not later than 1st January 2006.

Article 34

1

Ministério da Saúde

General practitioners

Specialists

Editorial notes

[^key-c2067a2a7abf19b55ed2b9fb433703bc]: Order revoked (1.4.2010) by The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (S.I. 2010/234), art. 1(3)(4), Sch. 3 Pt. 3 (with Sch. 2); S.I. 2010/478, art. 2(c) [Editorial note: No historical revised versions have been created for amendments to this S.I. made prior to its final revocation. A revised version of how the S.I. stood at its first commencement is available and, to see the document content as it originally stood when it was made, select the 'Original (As Made)' version. For further details of the amendments see the List of All Changes available in 'More Resources']

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