The Postgraduate Medical Education and Training Order of Council 2010
| Year | 2010 |
2010 No. 473
Health Care And Associated ProfessionsDoctors
The Postgraduate Medical Education and Training Order of Council 2010
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 19831.
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—
(a) the European Specialist Medical Qualifications Order 19952; and
(b) the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20033.
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)
(a) eligible general practitioners as specified in article 4;
(b)
(b) eligible general systems general practitioners as specified in article 5; or
(c)
(c) persons who are—
(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) a qualification in general practice listed in Annex V, point 5.1.4 of the Directive, together with the corresponding professional title;
(b)
(b) a certificate of acquired rights; or
(c)
(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) a certificate of prescribed experience; or
(b)
(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)
(a) the National Health Service (Vocational Training for General Medical Practice) Regulations 19974;
(b)
(b) the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 19985; or
(c)
(c) the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 19986.
(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)
(a) undertaken training in general practice; or
(b)
(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)
(a) was granted otherwise than in a relevant European State, and
(b)
(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)
(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)
(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)
(a) section 31 of the National Health Service Act 19777(requirement of suitable experience);
(b)
(b) section 21 of the National Health Service (Scotland) Act 19788(requirement of suitable experience); or
(c)
(c) Article 8 of the Health and Personal Social Services (Northern Ireland) Order 19789(requirement of suitable experience).
(4) Paragraph (3) does not apply where the person was suitably experienced by virtue of—
(a)
(a) regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) Regulations 197910(exemptions for applications to be a restricted services principal and for doctors who are EC nationals);
(b)
(b) regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) (Scotland) Regulations 198011(exemptions for applications to be a restricted services principal and for doctors who are EC nationals); or
(c)
(c) regulation 7(1)(d) or (g) of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 197912(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)
(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...
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