Vocational Training for General Medical Practice (European Requirements) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/3130

1994No. 3130

MEDICAL PROFESSION

NATIONAL HEALTH SERVICE, ENGLAND AND

WALES

NATIONAL HEALTH SERVICE, SCOTLAND

The Vocational Training for General Medical Practice

(European Requirements) Regulations 1994

8thDecember1994

9thDecember1994

1stJanuary1995

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( a) and, as respects England and Wales, in exercise of the powers conferred by sections 15(1), 29, 32 and 126(4) of the National Health Service Act 1977( b), and the Secretary of State concerned with health in Scotland, in exercise of the powers conferred by sections 19, 22 and 105(7) of the National Health Service (Scotland) Act 1978( c), and in each case in exercise of all other powers so enabling them, hereby make the following Regulations:—

PART I

GENERAL

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 and shall come into force on 1st January 1995.

(2) This Part, Part II, and the Schedule extend to the whole of the United Kingdom.

(a) 1972 c. 68. See S.I. 1994/2791, Article 2 and the Schedule, which designates the Secretary of State for the purposes of section 2(2) 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) 1977 c. 49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c. 19) ("the 1990 Act"), section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations". Section 15(1) was amended by the Health and Social Security Act 1984 (c. 48), section 5(2); and by the 1990 Act, section 12(1). Section 29 was extended by the Health and Medicines Act 1988 (c. 49), section 17; and amended by the Health Services Act 1980 (c. 53), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; by the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); and by S.I. 1985/39, article 7(3). Section 32 was amended by S.I. 1985/39, article 7(6). Section 126(4) was amended by the 1990 Act, section 65(2).

(c) 1978 c. 29. Section 19 was amended by the Health Services Act 1980 (c. 53), section 7; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41) ("the 1983 Act"), Schedule 7, paragraph 2; the Medical Act 1983 (c. 54), Schedule 5, paragraph 17(a); and the National Health Service and Community Care Act 1990 (c. 19), section 37. Section 105(7) (which was amended by the 1983 Act, Schedule 9, paragraph 24) contains provisions under which these Regulations are made.

(3) Part III and regulations 11(3) and 14 extend to England and Wales and to Scotland, but not to Northern Ireland.

(4) Regulations 11(1) and 12 extend to England and Wales only.

(5) Regulations 11(2) and 13 extend to Scotland only.

Interpretation

2. In these Regulations—

"the 1974 Regulations" means the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974( a),

"the 1979 Regulations" means the National Health Service (Vocational Training) Regulations 1979( b),

"the 1979 Northern Ireland Regulations" means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979( c),

"the 1980 Regulations" means the National Health Service (Vocational Training) (Scotland) Regulations 1980( d),

"the 1992 Regulations" means the National Health Service (General Medical Services) Regulations 1992( e),

"certificate of acquired rights" means a certificate issued under article 36(4) of the Medical Directive, to the effect that its holder has an acquired right to practise as a general medical practitioner under the national social security scheme of the issuing State without a vocational training certificate,

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993,

"EEA State" means a State which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Leichtenstein,

"FHSA" means Family Health Services Authority,

"JCPTGP" 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( f), certain provisions of which (as they had effect on the date these Regulations were made) are set out in the Schedule to those Regulations,

"vocational training certificate" means a diploma, certificate or other evidence of formal qualifications awarded on completion of a course of specific training in general medical practice and referred to in article 30 of the Medical Directive.

PART II

SPECIFIC TRAINING IN GENERAL MEDICAL PRACTICE

Competent Authority

3.—(1) The JCPTGP is the competent authority in the United Kingdom for all the purposes of Title IV of the Medical Directive (which relates to specific training in general medical practice) except as mentioned in paragraph (2).

(2) For the purposes of article 37 of the Medical Directive (recognition of certificates), the General Medical Council( g) is responsible for recognising vocational training certificates and certificates of acquired rights issued in EEA States other than the United Kingdom.

(a) S.I. 1974/506; relevant amending instruments are S.I. 1978/1762, 1985/1625 and 1989/1990.

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

(c) S.R. 1979 No. 460; relevant amending instruments are S.R. 1986 No. 69 and 1986 No. 309.

(d) S.I. 1980/30; relevant amending instruments are S.I. 1986/1657 and 1991/576.

(e) S.I. 1992/635, to which there are amendments not relevant to these Regulations.

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

(g) See the Medical Act 1983 (c. 54), section 1.

Vocational training certificate

4. For the purposes of article 30 of the Medical Directive (which requires member States to institute specific training in general medical practice), the vocational training certificates issued in the United Kingdom are—

(a) a certificate of prescribed experience issued by the JCPTGP in connection with training completed after 31st December 1994 under—(i) regulation 6 (certificate of prescribed experience) or 10 (procedure on appeal) of the 1979 Regulations or of the 1980 Regulations, or(ii) regulation 5 (certificate of prescribed experience) or 9 (procedure on appeal) of the 1979 Northern Ireland Regulations;(b) a certificate of equivalent experience, annotated to the effect that the medical experience in respect of which the certificate was issued complied with all the requirements of the Medical Directive relating to specific training in general medical practice, issued by the JCPTGP in connection with training completed after 31st December 1994 under—(i) regulation 7 (certificate of equivalent experience) or 10 (procedure on appeal) of the 1979 Regulations or of the 1980 Regulations, or(ii) regulation 6 (certificate of equivalent experience) or 9 (procedure on appeal) of the 1979 Northern Ireland Regulations.

Acquired rights

5.—(1) For the purposes of article 36(2) of the Medical Directive (which requires each member State to specify the acquired rights that it recognises for the purpose of exercising general medical practice under its national social security scheme without a vocational training certificate), a doctor has an acquired right to practise as a general medical practitioner providing general medical services( a) in the United Kingdom if—

(a) on 31st December 1994 his 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;(b) on 31st December 1994 he was suitably experienced within the meaning of section 31 of the National Health Service Act 1977( b) section 21 of the National Health Service (Scotland) Act 1978, or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978( c) (other than by virtue of—(i) regulation 8(1)(e) of the 1979 or of the 1980 Regulations( d) or regulation 7(1)(d) of the 1979 Northern Ireland Regulations (exemption for applications to be a restricted services principal), or(ii) regulation 8(1)(h) of the 1979 or of the 1980 Regulations( e)or regulation 7(1)(g) of the 1979 Northern Ireland Regulations( f) (exemption for doctors who are EC nationals)),

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

(c) on 31st December 1994 he was established in the United Kingdom by virtue of a qualification in medicine awarded in an EEA State other than the United Kingdom which had in his case to be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement), or by virtue of any

(a) See the National Health...

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