The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006

JurisdictionUK Non-devolved
CitationSI 2006/1914

2006 No. 1914

HEALTH CARE AND ASSOCIATED PROFESSIONSDOCTORSOPTICIANSNURSES AND MIDWIVES

The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006

Made 19th July 2006

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

At the Court at Buckingham Palace, the 19th day of July 2006

Present,

The Queen’s Most Excellent Majesty in Council

This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) of the Health Act 19991.

The Secretary of State published a draft Order and invited representations as required by paragraph 9(1) of Schedule 3 to that Act.

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.

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.

Accordingly, Her Majesty is pleased, by and with the advice of Her Privy Council, to make the following Order in Council:

S-1 Citation, commencement, extent and interpretation

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006.

(2) As regards commencement—

(a)

(a) this article and articles 2, 57(3), 82, 91 and 92 shall come into force on the day after the day on which this Order is made;

(b)

(b) the following, that is to say—

(i) the provisions of this Order which confer powers enabling orders to be made by the Privy Council, and

(ii) the amendments to the Act, contained in this Order, which contain or amend powers enabling orders, regulations, rules or directions to be made by the Education Committee, the General Council or the Privy Council,

shall come into force on the making of this Order, but for the purpose only of the exercise of those powers; and

(c)

(c) otherwise, the 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)(c) 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 day.

(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 Part 14 is the same as that of the enactment or instrument amended.

(6) In this Order, “the Act” means the Medical Act 19832.

S-2 Amendment of the Medical Act 1983

Amendment of the Medical Act 1983

2. The Act shall be amended in accordance with the provisions of Parts 1 to 12.

1 Renaming of Registration Decisions Panels

PART 1

Renaming of Registration Decisions Panels

S-3 Amendment of sections 1 and 29A of, and Schedule 1 to, the Act

Amendment of sections 1 and 29A of, and Schedule 1 to, the Act

3.—(1) In the following provisions—

(a)

(a) subsection (3)(c) of section 13(the General Medical Council); and

(b)

(b) the heading of paragraph 19B of Schedule 14(constitution of the General Medical Council),

for “Registration Decisions Panels” substitute “Registration Panels”.

(2) In the following provisions—

(a)

(a) subsection (5)(b) of section 29A5(regulations as to licence to practise and revalidation); and

(b)

(b) paragraphs 19B and 23(c) of Schedule 16,

for “Registration Decisions Panel” substitute Registration Panel“.

2 Abolition of limited registration etc.

PART 2

Abolition of limited registration etc.

S-4 Amendment of section 2 of the Act

Amendment of section 2 of the Act

4. In section 27(registration of medical practitioners)—

(a) in subsection (1), for “two registers” substitute “a register”;

(b) in subsection (2)—

(i) for “two registers referred to are” substitute “register referred to is”, and

(ii) omit “, and “the register of medical practitioners with limited registration”“; and

(c) in subsection (3)—

(i) omit “or with limited registration”, and

(ii) omit “or in the register of medical practitioners with limited registration”.

S-5 Repeal of sections 22 to 25 of the Act

Repeal of sections 22 to 25 of the Act

5. Omit sections 228(limited registration of persons by virtue of overseas qualifications), 23 (limited registration: supplementary provisions), 24 (limited registration: erasure) and 259(full registration of persons with limited registration).

S-6 First article amending section 26 of the Act

First article amending section 26 of the Act

6. In section 2610(registration of qualifications), omit subsection (2).

S-7 Amendment of section 29B of the Act

Amendment of section 29B of the Act

7. In subsection (1)(a) of section 29B11(grant, refusal and withdrawal of licence), for “either full registration or limited registration” substitute “full registration”.

S-8 First article amending section 30 of the Act

First article amending section 30 of the Act

8. In section 3012(which contains general provisions relating to the register)—

(a) omit subsection (2);

(b) in subsection (3)—

(i) for “Each register” substitute “The register”, and

(ii) in paragraph (e), for “that register” substitute “the register”;

(c) in subsection (4), for “the registers” substitute “the register”;

(d) in subsection (5), for “either register” substitute “the register”; and

(e) in subsection (6), for “either register” substitute “the register”.

S-9 First article amending section 31 of the Act

First article amending section 31 of the Act

9. In section 3113(which relates to the making of regulations with respect to the register)—

(a) in subsection (1)—

(i) for “the registers” substitute “the register”, and

(ii) for “in them” substitute “in it”;

(b) in subsection (2)—

(i) for “the registers” substitute “the register”, and

(ii) for “either register” substitute “the register”;

(c) omit subsection (3);

(d) in subsection (8), for “the registers or a particular list in the register of medical practitioners in which he was registered” substitute “the register”; and

(e) in subsection (9)(a), omit “or a particular list in it”.

S-10 First article amending section 32 of the Act

First article amending section 32 of the Act

10. In section 3214(registration fees), omit subsection (6).

S-11 Amendment of section 34 of the Act

Amendment of section 34 of the Act

11.—(1) In subsection (1) of section 3415(which relates to publication of the register), for the words from “appear in” to the end of the subsection substitute “appear in the register”.

(2) For the heading of section 34 substitute “Publication of the register”.

S-12 First article amending section 35A of the Act

First article amending section 35A of the Act

12. In subsection (8) of section 35A16(General Council’s power to require disclosure of information), for “fully registered person, a provisionally registered person or a person registered with limited registration” substitute “fully registered person or a provisionally registered person”.

S-13 Amendment of section 35C of the Act

Amendment of section 35C of the Act

13. In subsection (1) of section 35C17(functions of the Investigation Committee), for paragraphs (a) to (c) substitute the following paragraphs—

“(a)

“(a) a fully registered person; or

(b)

(b) a person who is provisionally registered,”.

S-14 First article amending section 41A of the Act

First article amending section 41A of the Act

14. In subsection (13) of section 41A18(interim orders), omit “and to a person registered with limited registration”.

S-15 First article amending section 55 of the Act

First article amending section 55 of the Act

15. In subsection (1) of section 5519(interpretation)—

(a) in the definition of “fully registered person”, omit paragraph (b);

(b) omit the definition of “limited registration”;

(c) omit the definition of “the permitted period”; and

(d) for the definition of “the register” substitute the following definition—

““the register” means the register of medical practitioners;”.

S-16 Second article amending Schedule 1 to the Act

Second article amending Schedule 1 to the Act

16. In Schedule 120(constitution of the General Medical Council)—

(a) in paragraph 2(4), for paragraph (b) substitute the following paragraph—

“(b)

“(b) are fully registered or provisionally registered; and”;

(b) in paragraph 2(5), for paragraph (a) substitute the following paragraph—

“(a)

“(a) is fully registered or provisionally registered; and”; and

(c) in paragraph 3(2), for paragraph (a) substitute the following paragraph—

“(a)

“(a) is fully registered or provisionally registered; and”.

S-17 First article amending Schedule 3 to the Act

First article amending Schedule 3 to the Act

17. In Schedule 321(registration: supplementary provisions)—

(a) in paragraph 5(4), omit “in question”; and

(b) in paragraph 6—

(i) in sub-paragraph (2), in each of paragraphs (a) and (b) omit “in question”, and

(ii) in sub-paragraph (3), for “a register” substitute “the register”.

S-18 First article amending Schedule 3A to the Act

First article amending Schedule 3A to the Act

18. In paragraph 2(1) of Schedule 3A22(registration appeals)—

(a) omit paragraphs (i) to (k); and

(b) in paragraph (l), omit “or (2)”.

S-19 Amendment of Schedule 6 to the Act

Amendment of Schedule 6 to the Act

19. Omit paragraph 23 of Schedule 623(transitional and saving provisions).

3 Programmes for provisionally registered doctors, education functions and connected matters

PART 3

Programmes for provisionally registered doctors, education functions and connected matters

S-20 First article amending section 3 of the Act

First article amending section 3 of the Act

20. In subsection (1) of section 324(registration by virtue of primary United Kingdom or primary European qualifications), for paragraph (a) substitute the following paragraph—

“(a)

“(a) holds one or more primary United Kingdom qualifications and has satisfactorily completed an acceptable programme for provisionally registered doctors; or”.

S-21 Amendment of section 5 of the Act

Amendment of ...

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