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The Postgraduate Medical Education and Training Order of Council 2010

Type Statutory-Instrument

Publication 2010-02-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 24th February 2010

Laid before Parliament: 1st March 2010

Coming into force: 1st April 2010

At the Council Chamber, Whitehall, the 24th day of February 2010

By the Lords of Her Majesty's Most Honourable Privy Council

Their Lordships make the following Order in exercise of the powers conferred by sections 34C(2)(c), 34D(2)(c) and (3), 34F(2), 34G(1) and 34K(1)(c) of the Medical Act 1983 .

Citation and commencement

1

This Order may be cited as the Postgraduate Medical Education and Training Order of Council 2010 and shall come into force on 1st April 2010.

Interpretation

2

In this Order—

“the Act” means the Medical Act 1983;

“previous legislation” means— the European Specialist Medical Qualifications Order 1995[^f00002]; and the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003[^f00003].

Persons eligible to be registered in, and liable to removal from, the General Practitioner Register

3

(1) Persons are eligible to be registered in the General Practitioner Register for the purposes of section 34C(2)(c) of the Act if they are—

(a) eligible general practitioners as specified in article 4;

(b) eligible general systems general practitioners as specified in article 5; or

(i) registered in the list of visiting medical practitioners from relevant European States mentioned in section 30(1)(d) of the Act; and

(ii) providing services in the United Kingdom as a general practitioner on a temporary and occasional basis, in exercise of entitlement under Schedule 2A to the Act.

(2) If a person whose name is included by virtue of paragraph (1)(c) in the General Practitioner Register ceases to satisfy any of the conditions specified, the Registrar may remove that person’s name from that register.

General practitioners eligible for entry in the General Practitioner Register

4

(1) Persons are eligible general practitioners for the purposes of article 3(1)(a) if they are exempt persons and hold any of the following issued in a relevant European State other than the United Kingdom—

(a) a qualification in general practice listed in Annex V, point 5.1.4 of the Directive, together with the corresponding professional title;

(b) a certificate of acquired rights; or

(c) a qualification in general practice which is not listed in Annex V, point 5.1.4 of the Directive, if that qualification—

(i) is accompanied by a certificate of a competent authority of the relevant European State in which the qualification was obtained, to the effect that the qualification is evidence of training which satisfies the requirements of Article 28 of the Directive, and

(ii) is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.4 of the Directive.

(2) Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they hold—

(a) a certificate of prescribed experience; or

(b) a certificate of equivalent experience,

which was issued under previous legislation, either by the Postgraduate Medical Education and Training Board or by the Joint Committee on Postgraduate Training for General Practice.

(3) Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they were exempt from the need to have acquired the prescribed experience by virtue of paragraph (1)(a), (b), (c), (d) or (f) of regulation 5 (exemptions) of—

(a) the National Health Service (Vocational Training for General Medical Practice) Regulations 1997[^f00004];

(b) the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998[^f00005]; or

(4) Subject to paragraph (5), persons are also eligible general practitioners for the purposes of article 3(1)(a) if they do not fall within paragraph (1), (2) or (3) but have—

(a) undertaken training in general practice; or

(b) been awarded qualifications in general practice,

and the Registrar is satisfied that that training is, or those qualifications are, or both when considered together are, equivalent to a CCT in general practice.

(5) If a person falling within paragraph (4)(a) or (b) is an exempt person and holds a qualification in general practice which—

(a) was granted otherwise than in a relevant European State, and

(b) has not previously been accepted by a relevant European State as qualifying that person to practise as a general practitioner in that State,

the Registrar must, before determining that the qualification is equivalent to a CCT in general practice, also be satisfied that the qualification in general practice is evidence of training that meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 28 of the Directive.

(6) If a person falling within paragraph (4)(a) or (b)—

(a) is an exempt person and holds a qualification in general practice which—

(i) was granted otherwise than in a relevant European State, but

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying that person to practise as a general practitioner in that State; or

(b) has acquired experience or knowledge in general practice, wherever obtained,

the Registrar shall take account of that acceptance or of that experience or knowledge, when determining the equivalence of the training or qualifications to a CCT in general practice for the purposes of paragraph (4).

(7) In paragraph (1)(b), “certificate of acquired rights” means a certificate issued under Article 30(1) of the Directive to the effect that its holder has an acquired right to practice as a general practitioner under the national social security scheme of the issuing State without the evidence of formal qualifications of a general practitioner referred to in Annex V, point 5.1.4 of the Directive.

General systems general practitioners eligible for entry in the General Practitioner Register

5

A person is an eligible general systems general practitioner for the purposes of article 3(1)(b) if—

(a) their case falls within regulation 3(9)(e) of the General Systems Regulations;

(b) regulations 20 to 26 of those Regulations apply to that person by reason of the operation of regulation 3(4) of those Regulations; and

(c) that person has a right to practise as a general practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period that that person may be required to complete pursuant to that Part of those Regulations).

Persons with acquired rights

6

(1) For the purposes of section 34G(1) of the Act, a person has an acquired right to practise as a general practitioner in the United Kingdom if they fall within any of the categories of persons specified in paragraphs (2), (3), (5) and (6).

(2) A person has an acquired right if, on 31st December 1994, their name was included in a medical list kept by an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland.

(3) Subject to paragraph (4), a person has an acquired right if, on 31st December 1994, they were suitably experienced within the meaning of—

(a) section 31 of the National Health Service Act 1977[^f00007] (requirement of suitable experience);

(b) section 21 of the National Health Service (Scotland) Act 1978 [^f00008] (requirement of suitable experience); or

(c) Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978[^f00009] (requirement of suitable experience).

(4) Paragraph (3) does not apply where the person was suitably experienced by virtue of—

(a) regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) Regulations 1979[^f00010] (exemptions for applications to be a restricted services principal and for doctors who are EC nationals);

(b) regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) (Scotland) Regulations 1980[^f00011] (exemptions for applications to be a restricted services principal and for doctors who are EC nationals); or

(c) regulation 7(1)(d) or (g) of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979[^f00012] (exemptions for applications to be a restricted services principal and for doctors who are EC nationals),

even if on that date that person had yet to obtain a certificate of prescribed experience or a certificate of equivalent experience under any of those Regulations.

(5) A person has an acquired right if, on 31st December 1994, they were established in the United Kingdom by virtue of a qualification in medicine awarded in a relevant European State other than the United Kingdom which had, in their case, to be recognised in the United Kingdom by virtue of the Directive as entitling that person to be registered under section 3(1)(b) of the Act as a fully registered person.

(6) A person has an acquired right if, 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, they had—

(a) been engaged as a deputy by, or provided as a deputy to, a doctor whose name was included in the medical list of an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland; or

(b) been employed as an assistant (other than as a trainee general practitioner) by such a doctor.

(7) For the purposes of paragraph (6), 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.

(8) In this article—

“an FHSA” means a Family Health Services Authority;

“medical list” has the same meaning as in— the National Health Service (General Medical Services) Regulations 1992[^f00013]; the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974[^f00014]; or, as the case may be, the General Medical Services Regulations (Northern Ireland) 1997[^f00015].

Persons eligible to be registered in, and liable to removal from, the Specialist Register

7

(1) Persons are eligible to be registered in the Specialist Register for the purposes of section 34D(2)(c) of the Act if they are—

(a) eligible specialists as specified in article 8;

(b) eligible general systems specialists as specified in article 9; or

(i) who are registered in the list of visiting medical practitioners from relevant European States mentioned in section 30(1)(d) of the Act; and

(ii) who are providing services in the United Kingdom as a specialist on a temporary and occasional basis, in exercise of entitlement under Schedule 2A to the Act.

(2) If a person whose name is included by virtue of paragraph (1)(c) in the Specialist Register ceases to satisfy any of the conditions specified, the Registrar may remove that person’s name from that register.

Specialists eligible for entry in the Specialist Register

8

(1) Persons are eligible specialists for the purposes of article 7(1)(a) if they are exempt persons and hold a recognised specialist qualification granted outside the United Kingdom as specified in article 10.

(2) Subject to paragraph (4), a person (“S”) is an eligible specialist for the purposes of article 7(1)(a) if S does not fall within paragraph (1) but has—

(a) undertaken specialist training; or

(b) been awarded specialist qualifications,

in a recognised specialty and satisfies the Registrar that that specialist training is, or those qualifications are, or both when considered together are, equivalent to a CCT in the specialty in question.

(3) Subject to paragraph (4), a person (“T”) is an eligible specialist for the purposes of article 7(1)(a) if T does not fall within paragraph (1) but—

(a) has—

(i) undertaken specialist training; or

(ii) been awarded specialist qualifications,

outside the United Kingdom in a medical specialty which is not a recognised specialty; or

(b) has knowledge of, or experience in, any medical specialty derived from academic or research work,

and the Registrar is satisfied that these give T a level of knowledge and skill consistent with practice as a consultant in any of the UK health services.

(4) If S or, as the case may be, T, is an exempt person and holds a specialist qualification which—

(a) was granted otherwise than in a relevant European State, and

(b) has not previously been accepted by a relevant European State as qualifying an exempt person to practise as a specialist in that State,

S is not an eligible specialist pursuant to paragraph (2) and T is not an eligible specialist pursuant to paragraph (3) unless the Registrar is satisfied that the specialist qualification is evidence of training that meets, or under Article 22(a) of the Directive is to be treated as meeting, the requirements of Article 25 of the Directive.

(5) If S or, as the case may be, T—

(a) is an exempt person who holds a specialist qualification which—

(i) was granted other than in a relevant European State; but

(ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying that person to practise as a specialist in that State; or

(b) has acquired specialist medical experience or knowledge, wherever obtained,

the Registrar shall take account of that acceptance or of that experience or knowledge, when determining the adequacy of the training or qualifications under paragraph (2) or (3).

(6) A person is also an eligible specialist for the purposes of article 7(1)(a) if that person—

(a) was included in the specialist register maintained by the General Council under previous legislation;

(b) had been determined by the Registrar to be an eligible specialist for the purposes of previous legislation; or

(7) In paragraphs (2) and (3), “specialist training” means specialist medical training that—

(a) comprises theoretical and practical instruction in a post specifically designated as a training post;

(b) takes place in a university centre, a teaching hospital or other health establishment;

(d) involves the personal participation of the person training to be a specialist in the activity and in the responsibilities of the establishment concerned.

General systems specialists eligible for entry in the Specialist Register

9

A person is an eligible general systems specialist for the purposes of article 7(1)(b) if—

(a) their case falls within regulation 3(9)(a), (c) or (e) of the General Systems Regulations;

(b) regulations 20 to 26 of those Regulations apply to that person by reason of the operation of regulation 3(4) of those Regulations, and

(c) that person has a right to practise as a specialist in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period that that person may be required to complete pursuant to that Part of those Regulations).

Recognised specialist qualifications granted outside the United Kingdom

10

(1) The following are, for the purpose of article 8(1), recognised specialist qualifications granted outside the United Kingdom—

(a) a specialist qualification listed in Annex V, point 5.1.2 of the Directive which was awarded—

(i) in a relevant European State other than the United Kingdom;

(ii) on or after the reference date, not being evidence of training commenced by the holder before that date; and

(iii) in a recognised specialty;

(b) a specialist qualification listed in Annex V, point 5.1.2 of the Directive—

(i) which was awarded in a relevant European State other than the United Kingdom;

(ii) which was awarded following training commenced by the holder before the reference date;

(iii) which was awarded in a recognised specialty; and

(iv) where the holder of the qualification satisfies the Registrar (by means of a certificate of a competent authority of the relevant European State in which it was awarded or otherwise) that it accords with the standards laid down by Article 25 of the Directive;

(i) was awarded in a relevant European State other than the United Kingdom;

(ii) was awarded in a recognised specialty;

(iii) does not satisfy all the minimum training requirements laid down by Article 25 of the Directive;

(iv) was awarded following training commenced by the holder before the reference date; and

(v) is accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in the practice of the specialty in that State for at least three consecutive years during the five years preceding the date of the certificate;

(d) a specialist qualification in a recognised specialty which—

(i) has been obtained at any time in a relevant European State other than the United Kingdom;

(ii) does not correspond to the titles listed in Annex V, points 5.1.2 and 5.1.3 of the Directive; and

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