National Health Service (Vocational Training for General Medical Practice) Regulations 1997

JurisdictionUK Non-devolved
CitationSI 1997/2817

1997No. 2817

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Vocational Training for General

Medical Practice) Regulations 1997

26thNovember1997

26thNovember1997

30thJanuary1998

ARRANGEMENT OF REGULATIONS

PART I

General

1. Citation and commencement

2. Interpretation

3. Power of direction

4. Experience and certificates required

5. Exemptions

PART II

Prescribed Experience

6. Prescribed medical experience

7. Approval of trainers

8. Approval of training posts

9. Satisfactory completion of prescribed experience

10. Certificate of prescribed experience

PART III

Equivalent Experience

11. Meaning of equivalent experience

12. Certificate of equivalent experience

PART IV

Appeals Against Refusal of Certificates

13. Appeals against refusal of certificates

14. Appeal bodies

15. Power of the Secretary of State to make new appointments

16. Procedure on appeal

17. Determination of appeals

PART V

Miscellaneous

18. Service of notices, etc.

19. Application of section 84(2) to (4) of the Act

20. Revocations

21. Existing circumstances

SCHEDULES

1. Text of articles 30, 31(1) and 34 of the Medical Directive

2. Competencies to be tested by summative assessment

3. Information to be contained in statements of satisfactory completion of training

4. The National Health Service Act 1977, section 84(2)-(4) (as modified)

5. Revocations

The Secretary of State, being designated ( a) for the purposes of, and in exercise of powers conferred by, section 2(2) of the European Communities Act 1972 ( b) and in exercise of powers conferred by sections 31 and 32 of the National Health Service Act 1977 ( c), and of all other powers enabling him in that behalf, hereby makes the following Regulations-

PART I

GENERAL

Citation and commencement

1. These Regulations may be cited as the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 and shall come into force on 30th January 1998.

Interpretation

2.-(1) In these Regulations-

"the Act" means the National Health Service Act 1977;

"certificate of prescribed experience" means a certificate issued under regulation 10 and, for the purposes of regulation 4, includes a certificate of prescribed experience issued under the National Health Service (Vocational Training) Regulations 1979 ( d);

"certificate of equivalent experience" means a certificate issued under regulation 12 and, for the purposes of regulation 4, includes a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979;

"General Practice (GP) Registrar"-

(a) has the meaning assigned to it in regulations made under section 29 of the Act ( e);

(a) See S.I. 1994/2791, article 2 and the Schedule, which designate the Secretary of State for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to training in medical practice, the issue and/or recognition of diplomas or certificates or other evidence of qualifications in relation to medical practice, the titles used by those in medical practice, and the exercise of medical practice.

(b) 1972 c. 68.

(c) 1977 c. 49. See section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19), section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations". Section 31 was amended by S.I. 1985/39, article 7(5) and the Health Authorities Act 1995 (c. 17) ("the 1995 Act"), Schedule 1, paragraph 20. Section 32 was amended by S.I. 1985/39, article 7(6) and the 1995 Act, Schedule 1, paragraph 21.

(d) S.I. 1979/1644, amended by S.I. 1980/1900, 1981/1790, 1984/215, 1985/1353, 1986/1642, 1991/406 and 1994/3130.

(e) See S.I. 1992/635, regulation 2(1), amended by S.I. 1997/2468, regulation 3.

(b) in relation to Scotland and Northern Ireland, means a "trainee general practitioner", as defined in regulations made, respectively, under section 19 of the National Health Service (Scotland) Act 1978 ( a) and article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 ( b) and(c) includes a practitioner who is being trained in general practice under an arrangement approved by the Armed Services General Practice Approval Board;

"the Joint Committee" means the Joint Committee on Postgraduate Training for General Practice;

"Medical Directive" means Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications ( c), as amended by Council Directive 97/50/EC of 6 October 1997 ( d);

"medical list" means-

(a) a list maintained under regulation 4 of the National Health Service (General Medical Services) Regulations 1992 ( e); or(b) any corresponding list drawn up by an Executive Council pursuant to the provisions of Part IV of the National Health Service Act 1946 ( f); or maintained under regulation 4 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ( g).

"practitioner" means a fully registered medical practitioner except for the purposes of regulation 6(4), where it also includes a medical practitioner with limited registration under section 22 of the Medical Act 1983 ( h);

"satisfactory completion", in relation to a period of training in any employment, has the meaning assigned to it in regulation 9(1); and

"summative assessment" has the meaning assigned to it in regulation 9(2).

(2) For the purposes of these Regulations, a practitioner shall be regarded as having his name included in a medical list if-

(a) his name is (or, if the context so requires, was) included in a medical list mentioned in paragraph (1); or(b) he has been issued by the person in charge of the provision of medical services in one of the Armed Services of the Crown with a statement that he has been providing services in the Armed Services equivalent to general medical services;

but he shall not be so regarded if his name is (or was) included in a list for the provision of general medical services limited to those mentioned in regulation 5(1)(d).

Power of direction

3.-(1) Subject to paragraph (2), the Secretary of State may give directions to the Joint Committee in connection with-

(a) their functions under or by virtue of these Regulations or the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 ( i), in so far as those functions relate to Community obligations in connection with specific training for general medical practice, in particular those contained in Title IV of the Medical Directive; and

(a) 1978 c. 29. Section 19 was amended by the Health Services Act 1980 (c. 53), section 7, by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 7, paragraph 2, by the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a) and by the National Health Service and Community Care Act 1990 (c. 19), section 37; and is to be read with the Health and Medicines Act 1988 (c. 49), section 17.

(b) S.I. 1972/1265 (N.I. 14).

(c) OJ No. L 165, 7.7.1993, p.1.

(d) OJ No. L 921, 24.10.1997, p.35.

(e) S.I. 1992/635; the relevant amending instrument is S.I. 1996/702.

(f) 1946 c. 81.

(g) S.I. 1974/160 (which was revoked by S.I. 1992/662, regulation 26 and Schedule 4). Relevant amendments to the 1974 Regulations were made by the National Health Service and Community Care Act 1990, section 2 and S.I.s 1975/719, regulation 3(3), 1982/288, article 8, and 1985/39, article 12.

(h) 1983 c. 54. Section 22 was amended by S.I. 1996/1591, regulation 6(5) and (6).

(i) S.I. 1994/3130.

(b) any other functions of theirs which arise from Community obligations and which relate to specific training in general medical practice;

and it shall be the duty of the Joint Committee to comply with any such directions.

(2) Directions given under paragraph (1) may be as to matters of administration only.

Experience and certificates required

4.-(1) The Medical Practices Committee shall refuse an application under section 30 of the Act (applications to provide general medical services) if the applicant is not suitably experienced.

(2) A Health Authority shall not arrange under section 29 of the Act for a person to provide general medical services for persons in the Authority's area unless the Medical Practices Committee have granted an application by him under section 30 of the Act.

(3) An applicant who applies to a Health Authority under section 30 of the Act shall produce as evidence that he is suitably experienced-

(a) a certificate of prescribed experience;(b) a certificate of equivalent experience; or(c) a statement of the grounds upon which he claims that he is exempt by virtue of regulation 5 from the need to have acquired the prescribed experience, and evidence in support of his claim.

Exemptions

5.-(1) A practitioner shall be exempt from the need to have acquired the prescribed experience-

(a) if on 15th February 1981 his name was included in a medical list;(b) if on 15th February 1981 an application pursuant to section 30 of the Act had not been finally determined, but in consequence of its final determination his name was later included in a medical list ( a);(c) if his name was included in a medical list by virtue of his having made an application within nine years after 15th February 1981 in a case where his name was not included in such a list on 15th February 1981, but had been so included before that day;(d) in respect of an application for his name to be included in a medical list for the provision of general medical services limited to-(i) child health surveillance services only;(ii) contraceptive services only;(iii) maternity medical services only;(iv) minor surgery services only; or(v) any combination of the services mentioned in paragraphs (i) to (iv);

but only if the applicant's name was included in a medical list on 31st December 1994 for the provision of general medical services limited in a way which...

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