National Health Service (Vocational Training) (Scotland) Regulations 1980

JurisdictionUK Non-devolved
CitationSI 1980/30
Year1980

1980 No. 30 (S. 1)

NATIONAL HEALTH SERVICE, SCOTLAND

National Health Service (Vocational Training) (Scotland) Regulations 1980

7thJanuary 1980

23rdJanuary 1980

16thFebruary 1980

In exercise of the powers conferred on me by sections 20, 21 and 22 of the National Health Service (Scotland) Act 1978(a), and of all other powers enabling me in that behalf, I hereby make the following regulations:—

Citation and commencement

1. These regulations may be cited as the National Health Service (Vocational Training) (Scotland) Regulations 1980 and shall come into operation on 16th February 1980.

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

"the Act" means the National Health Service (Scotland) Act 1978;

"a certificate of prescribed experience" means a certificate issued pursuant to regulation 6;

"a certificate of equivalent experience" means a certificate issued pursuant to regulation 7;

"health authority" means a Health Board or the person responsible for the management of a hospital which is not a health service hospital;

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

"practitioner" means a person registered as a fully registered medical practitioner and, for the purposes of regulation 5(1)(b)(ii) includes a medical practitioner with limited registration pursuant to the provisions of section 22 of the Medical Act 1978(b), but not otherwise;

"prescribed experience" means the medical experience prescribed in sub-paragraph (a) or, as the case may be, sub-paragraph (b) of regulation 5(1);

(a) 1978 c. 29.

(b) 1978 c. 12.

"trainee general practitioner" has the meaning assigned to it in regulations having effect as if made under section 19 of the Act, section 29 of the National Health Service Act 1977(a), or the provisions of the Health and Personal Social Services (N.I.) Order 1972(b) and includes a practitioner who is being trained in general practice under an arrangement approved by the Armed Services General Practice Approval Board;

and any other expression which is used in these regulations and to which a meaning is assigned by the Act (either generally for the purposes of that Act or specially for the purposes of sections 21 and 22 thereof) shall have that meaning in these regulations.

(2) Unless the context otherwise requires, any reference in these regulations to a numbered regulation is a reference to the regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

Appointed day

3. The day prescribed as the appointed day for the purposes of section 21 of the Act shall be 15th February 1981.

Application for inclusion in medical list

4. An applicant, who applies to a Health Board after 15th February 1981 in pursuance of the provisions of section 20(1) of the Act, for inclusion in a list kept by that Board of the names of medical practitioners undertaking to provide general medical services for persons in the Board's area, shall produce as evidence that he is suitably experienced either:—

(a) a certificate of prescribed experience or a certificate of equivalent experience; or

(b) a statement of the grounds upon which he claims that he is exempt by virtue of the provisions of regulation 8 from the need to have acquired the prescribed experience, and evidence in support thereof.

Prescribed medical experience

5.—(1) Subject to the provisions of regulations 7(4) and 8(4), the medical experience needed to satisfy paragraph (a) of section 21(2) of the Act is:—

(a) before 16th August 1982 the satisfactory completion of a period or periods of training, amounting to at least 12 months whole-time employment or its equivalent as a trainee general practitioner;

(b) on and after 16th August 1982, the satisfactory completion of a period or periods of training amounting to at least 3 years whole-time employment or its equivalent, of which:—

(i) at least 12 months whole-time employment or its equivalent shall be training as a trainee general practitioner; and

(ii) the remainder shall be training as a practitioner in educationally approved posts and shall include not less than 6 months whole-time employment or its equivalent in each of two of the following specialities:—

(a) 1977 c. 49.

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

General Medicine

Geriatric Medicine

Paediatrics

Psychiatry

One of Accident & Emergency Medicine or General Surgery

Any one of Obstetrics or Gynaecology or Obstetrics & Gynaecology.

(2) The medical experience prescribed in sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (1) shall be acquired within not more than 7 years, immediately preceding the date of application for a certificate of prescribed experience.

(3) In computing any period of training for the purposes of this regulation, there shall be disregarded any period of part-time employment during which the duties of the person employed occupied less than half of the time usually occupied by the duties of the persons employed whole-time in similar employment.

(4) On the satisfactory completion of his period of training with a practitioner, with whom an applicant has so completed a period of training as a trainee general practitioner, or with a health authority on whose staff an applicant has so completed a period of training in an educationally approved post in any specialty, the practitioner or health authority shall, on request, give to the applicant a statement in the form set out in the Schedule to these regulations or in a form to the like effect.

(5) For the purposes of this regulation

(a) "educationally approved post" means, subject to paragraph (6):—

(i) in relation to any specialty, a post in a hospital or with a Health Board in Scotland, employment in which is, immediately before the day on which these regulations are made, approved by a Regional Postgraduate Medical Education Committee for the purposes of training for the provision of general medical services;

(ii) a post which is an educationally approved post for the purposes of acquiring prescribed experience in terms of regulations made under section 32 of the National Health Service Act 1977, other than the post to which sub-paragraph (a)(i) refers.

(b) "satisfactory completion" in relation to a period of training in any employment means the completion of that period of training in such a manner as to have acquired the medical...

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