The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

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    (10) The Board shall make rules about the procedure to be followed for giving, withdrawing, and attaching conditions to, approval under this article.

    (11) Subject to the minimum requirements specified in articles 5 and 6, rules made under paragraph (10) may provide that of the categories specified in paragraph (5), only certain categories will be approved by the Board in respect of general practice or a specialty listed in Schedule 3.

Minimum requirements for general practice training
     5.  - (1) The minimum requirements for general practice training referred to in article 4(2) are that - 

(a) the training shall comply with the requirements of article 31(1) of the Directive or, in the case of part-time training, article 31(1) together with article 34 (requirements for specific training in general practice);

(b) subject to paragraph (3), the training shall include at least three years in full-time employment, and shall be supervised by the Board; and

(c) the three year period specified in sub-paragraph (b) shall include - 


(i) a period or periods amounting to at least 12 months employment as a GP Registrar which takes place with a general practitioner who has been approved by the Board for the purpose of providing training in accordance with article 4(5)(d), and

(ii) a period or periods amounting to at least 12 months employment in a post (or posts), in a specialty or specialties which the Board has prescribed for this purpose, that post or posts being in accordance with such other requirements as the Board may prescribe.

    (2) Any period remaining under paragraph (1)(b), the minimum periods set out in paragraph (1)(c) having been met, shall consist of a period of employment in a post (or posts) falling within paragraph (1)(c)(i) or (ii).

    (3) In relation to periods of part-time employment under paragraph (1)(c), the requirements of this article may be satisfied by periods of part-time employment of equivalent duration but it shall not be regarded as equivalent unless it includes at least two periods of full-time employment, each lasting not less than one week, one such period falling within paragraph (1)(c)(i), and one such period falling within paragraph (1)(c)(ii).

    (4) A general practitioner who is approved by the Board under article 4(5)(d) for the purposes of providing training to a GP Registrar under paragraph (1)(c)(i) shall be known as a "GP Trainer".

    (5) "GP Registrar" means a medical practitioner who is being trained in general practice by a GP Trainer whether as part of training leading to the award of a CCT or otherwise.

    (6) Schedule 4 (which sets out the text of articles 30, 31(1) and 34 of the Directive as it had effect on the date this Order was made) shall have effect.

Minimum requirements for specialist training
     6.  - (1) The minimum requirements for specialist training referred to in article 4(2) are that - 

(a) the training must constitute an entire course of training in the specialty in question and must, subject to paragraph (2) - 


(i) comprise theoretical and practical instruction,

(ii) be full-time training,

(iii) be supervised by the Board,

(iv) be in a university centre, in a teaching hospital or, where the Board is satisfied that it is appropriate, in a health establishment approved for this purpose by the Board,

(v) involve the personal participation of the medical practitioner training to be a specialist in the activity and in the responsibilities of the establishments concerned,

(vi) comply with the requirements of point 1 of Annex I to the Directive (the characteristics of the full-time training of specialists), and

(vii) be at least as long as the relevant period (if any) specified in Schedule 3.

    (2) Part-time specialist training is permitted where training on a full-time basis would not be practicable for well-founded individual reasons, and accordingly, the Board may approve part-time training which satisfies - 

(a) any conditions imposed by the Board;

(b) the conditions set out in paragraph (1)(a)(i), (iii), (iv) and (v);

(c) the following conditions - 


(i) the standard of training must not be lower than that of full-time training,

(ii) the total length of training in the specialty in question must not be less than that of full-time training in the same specialty, and

(iii) the training must comply with the requirements of point 2 of Annex I to the Directive (the characteristics of the part-time training of specialists).

    (3) Schedule 5 (which sets out the text of Annex I to the Directive as it had effect on the date this Order was made) shall have effect.

Visiting panels
     7.  - (1) The Board may, if it thinks fit, appoint a panel of persons (a "visiting panel") to visit any hospital, institution, general practitioner or other person by whom, where or under whose direction or management - 

(a) any postgraduate medical education or training leading to the award of a CCT is, or is proposed to be given;

(b) any sub-specialty training is, or is proposed to be given.

    (2) A visiting panel must include at least one person who is not and never has been a registered medical practitioner and who does not hold any qualification that is registrable under the Medical Act.

    (3) Where a visiting panel visits any hospital, institution, general practitioner or other person in the exercise of its functions under this article, it shall be the duty of the visiting panel to prepare a report to the Board on the visit.

    (4) The Board shall, following a request by any person, make available such reports.

    (5) Subject to the requirements of this article, the Board shall make rules in relation to visiting panels and such rules shall include provision as to - 

(a) the composition of visiting panels;

(b) the areas or matters to be covered by a report to the Board under paragraph (3);

(c) the frequency with which visiting panels shall visit the persons or bodies specified in paragraph (1);

(d) the manner in which such visits are to be conducted;

(e) the payment of allowances to persons appointed to visiting panels, including the payment of allowances to employers of persons appointed to visiting panels for the purposes of enabling visitors to perform functions under this article; and

(f) the reimbursement of such expenses as persons appointed to visiting panels may reasonably have incurred in the course of the panel carrying out its functions under this article.

Award and withdrawal of a Certificate of Completion of Training
     8.  - (1) The Board shall award a CCT to any person who applies to the Board for that purpose (and pays any fee specified by the Board in rules) if the Board is satisfied that he has satisfactorily completed education and training, approved by the Board in accordance with article 4.

    (2) A CCT may be awarded only to a registered medical practitioner, and a CCT in the specialty of oral and maxillo-facial surgery may be awarded only to a person who is also a registered dentist.

    (3) Subject to paragraph (4), a CCT may be awarded only to a person who has been appointed to a course of training intended to lead to the award of a CCT and has successfully completed that course of training.

    (4) Nothing in this article shall prevent the Board from awarding a CCT to a person when exercising its competent authority functions under article 8 of the Directive as set out in article 20(3)(a) of this Order.

    (5) The Board may only award a CCT in general practice, or in a specialty listed in Schedule 3.

    (6) A CCT shall state - 

(a) the date on which it was awarded;

(b) that it was awarded in general practice, or, where applicable, in which specialty it was awarded;

(c) the name of its holder;

(d) his primary medical qualifications and where those qualifications were awarded; and

(e) his registration number in the register of medical practitioners kept by the Registrar of the GMC under section 2 of the Medical Act (establishment and maintenance of registers),

and where more than one year of the training to which the CCT attests took place outside the EEA, the CCT shall make clear that this was so, and shall state the length (in aggregate) of such training.

    (7) A CCT shall be signed by the chair of the Board or by such other persons as the chair has nominated for this purpose.

    (8) The Board shall make rules as to the procedure to be followed in relation to and by persons wishing to apply to the Board for a CCT, including rules as to the evidence it requires in support of an application for a CCT.

    (9) Subject to paragraph (10), for the purposes of article 30 of the Directive (which requires EEA States to institute specific training in general practice), the vocational training certificate issued in the United Kingdom is the CCT in general practice.

    (10) The following are also vocational training certificates - 

(a) a certificate of prescribed experience; and

(b) a certificate of equivalent experience that has been annotated in accordance with regulation 12(7) of the Vocational Training Regulations, regulation 12(7) of the Vocational Training Regulations (Scotland) or regulation 12(7) of the Vocational Training Regulations (Northern Ireland) (which relate to certificate of equivalent experience).

    (11) For the purposes of article 4 of the Directive, the diploma, certificate or other evidence of formal qualifications in specialised medicine in the United Kingdom is the CCT, awarded in a specialty listed in Schedule 3.

    (12) Where the Board is satisfied that a CCT has been fraudulently procured or incorrectly awarded, it shall - 

(a) direct that the CCT shall be withdrawn; and

(b) notify the GMC that it has withdrawn that person's CCT.

Information to be provided to the Board
     9.  - (1) This article applies to any hospital, institution, general practitioner or other person that may be visited by a visiting panel pursuant to article 7(1).

    (2) Whenever required to do so by the Board, any person or body specified in paragraph (1) shall give to the Board such information as the Board may reasonably require in connection with the exercise of its functions under or by virtue of this Order.

    (3) The matters with respect to which the Board may require information under paragraph (2) include - 

(a) the standards and requirements which must be met by persons pursuing postgraduate medical education and training leading to the award of a CCT;

(b) the procedures for managing that education or training.

    (4) Where a person or body specified in paragraph (1) fails to comply with any reasonable request for information made by the Board under this article, the Board may on that ground alone, after having warned that person or body that this sanction may be imposed, direct that the postgraduate medical education or training to which that information relates is no longer approved, or from a specified date will be no longer approved, within the meaning of article 4(5).

(a) in England and Wales - 


(i) be nominated or approved to fill a vacancy for a medical practitioner pursuant to any regulations made under section 29B of the 1977 Act[3] (vacancies for medical practitioners),

(ii) be included in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 29 of the 1977 Act[4] (arrangements and regulations for general medical services) or in a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to section 43D of that Act[5] (supplementary lists),

(iii) perform personal medical services as part of a pilot scheme within the meaning of section 1(1) of the 1997 Act (pilot schemes), or in accordance with any arrangements made pursuant to section 28C of the 1977 Act[6] (personal medical or dental services), or

(iv) be included in any list of persons who may perform personal medical services pursuant to any regulations made under section 8ZA of the 1997 Act[7] (lists of persons who may perform personal medical services or personal dental services) or section 28DA of the 1977 Act[8] (lists of persons who may perform personal medical services or personal dental services);



(b) in Scotland - 



(i) be nominated or approved to fill a vacancy for a medical practitioner to provide general medical services pursuant to any regulations made under section 19B (vacancies for medical practitioners) or section 24 (regulations for medical practices committees) of the 1978 Act[9],

(ii) be included in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 19 of the 1978 Act (arrangements and regulations for general medical services) or in a list of persons approved to assist in the provision of such services pursuant to section 24B of that Act[10] (supplementary lists),

(iii) perform personal medical services as part of a pilot scheme within the meaning of section 1(1) of the 1997 Act (pilot schemes) or in accordance with any arrangements made pursuant to section 17C of the 1978 Act[11] (personal medical or dental services), or

(iv) be included in a list of persons who may perform personal medical services pursuant to any regulations made under section 17EA of the 1978 Act[12] (services lists);



(c) in Northern Ireland - 



(i) be included in a list of persons undertaking to provide general medical services pursuant to any regulations made under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972[13] (arrangements for general medical services),

(ii) perform personal medical services as part of a pilot scheme within the meaning of Article 3(1) of the Health Services (Primary Care) (Northern Ireland) Order 1997[14], or in accordance with any arrangements made pursuant to Article 15B[15] of the Health and Personal Social Services (Northern Ireland) Order 1972, or perform personal medical services within the meaning of Article 3(7) of the Health Services (Primary Care) (Northern Ireland) Order 1997, or

(iii) be engaged as a deputy by, or be employed as an assistant by a person undertaking to provide general medical services pursuant to any regulations made under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (arrangements for general medical services).

    (5) The prohibition in paragraph (4) does not apply to a person undertaking a period of employment as a GP Registrar, or a person who is provisionally registered under section 15, 15A or 21 of the Medical Act acting in the course of his employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act).

    (6) A person whose name is included in the General Practitioner Register by virtue of an acquired right under paragraph 1(d) of Schedule 6 shall not be - 

(a) nominated or approved by a Health Authority or Primary Care Trust pursuant to any regulations made under section 29B of the 1977 Act (vacancies for medical practitioners), or included in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 29 of the 1977 Act (arrangements and regulations for general medical services);

(b) nominated or approved under section 19B of the 1978 Act (vacancies for medical practitioners), selected in accordance with section 23 of that Act (distribution of general medical services) or included in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 19 of that Act (arrangements and regulations for general medical services); or

(c) included in a list of persons undertaking to provide general medical services pursuant to any regulations made under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (arrangements for general medical services),

if he is included in the General Practitioner Register only by virtue of that acquired right.

    (7) A restricted services principal whose name is included in the General Practitioner Register by virtue of - 

(a) an acquired right by virtue of paragraph 1(a) of Schedule 6; or

(b) an exemption from the need to have the prescribed experience under regulation 5(1)(d) of the Vocational Training Regulations, regulation 5(1)(d) of the Vocational Training Regulations (Scotland) or regulation 5(1)(d) of the Vocational Training Regulations (Northern Ireland) (which relate to exemptions),

shall not be entitled to practise otherwise than in accordance with the restriction which applies in his case merely because of his entry on the General Practitioner Register by virtue of that acquired right or exemption.

General practitioners eligible for entry in the General Practitioner Register
     11.  - (1) A person is an eligible general practitioner for the purposes of article 10(2)(b) if he holds - 

(a) a vocational training certificate or a certificate of acquired rights issued in an EEA State other than the United Kingdom in accordance with Title IV of the Directive, and he is - 


(i) a national of an EEA State, or

(ii) a person who for the purposes of access to and the practice of the medical profession is entitled to be treated in the same way as such a national in order to enable an enforceable Community right to be exercised;



(b) a certificate of prescribed experience; or

(c) a certificate of equivalent experience.

    (2) A person is also an eligible general practitioner for the purposes of article 10(2)(b) if he was exempt from the need to have acquired the prescribed experience by virtue of regulation 5(1)(a), (b), (c), (d) or (f) of - 

(a) the Vocational Training Regulations (exemptions);

(b) the Vocational Training Regulations (Scotland) (exemptions); or

(c) the Vocational Training Regulations (Northern Ireland) (exemptions),

but if a restricted services principal is eligible for inclusion in the General Practitioner Register only by virtue of an exemption under regulation 5(1)(d) of the regulations set out in sub-paragraphs (a), (b) or (c), the Registrar of the GMC shall ensure that the restriction on his right to practise as provided for in article 10(7) is indicated in that person's entry in the General Practitioner Register in such manner as the Registrar thinks fit.

    (3) A person is also an eligible general practitioner for the purposes of article 10(2)(b) if he does not fall within paragraph (1) or (2) but he has - 

(a) undertaken training in general practice; or

(b) been awarded qualifications in general practice,

and he satisfies the Board that that training is, or those qualifications are, or both when considered together are, equivalent to a CCT in general practice.

    (4) If a person falls within paragraph (3) and - 

(a) he is also a person falling within sub-paragraph (a)(i) or (ii) of paragraph (1), and he has qualifications in general practice awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a general practitioner in that State; or

(b) he has acquired experience or knowledge in general practice, wherever obtained,

the Board shall, when considering whether it is satisfied as mentioned in paragraph (3), take account of that acceptance or of that experience or knowledge.

    (5) If the Board is not satisfied, having taken into account the matters specified in paragraph (4) (where applicable), that a person's training, qualifications, or both when considered together are equivalent to a CCT in general practice, the Board shall give reasons as to why it is not satisfied, and, in particular, shall inform the person of - 

(a) the period of additional training that the person must undertake, and the fields to be covered by it;

(b) any examination, assessment (including a specified period of assessment) or other test of competence that the person must complete to the Board's satisfaction,

in order to satisfy the Board under paragraph (3).

    (6) In respect of any application under paragraph (3), the Board shall notify the applicant of its decision (and, where relevant, of the matters set out in paragraph (5)), in accordance with its duty under article 16(4).

    (7) If the Board is satisfied, pursuant to paragraph (3), that a person's training, qualifications, or both when considered together are equivalent to a CCT in general practice, it shall, if the person so requests, issue to that person a written statement attesting to the fact that the person has satisfied the Board that he is eligible for entry in the General Practitioner Register ("statement of eligibility for registration").

    (8) The Board shall make rules as to the procedure to be followed in relation to and by persons applying to the Board under paragraph (3), including rules as to the evidence it requires in support of such an application.

Acquired rights of general practitioners
     12.  - (1) For the purposes of article 36(2) of the Directive (requirement for all EEA States 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 person has an acquired right to practise as a general practitioner if he falls within one of the categories of persons set out in Schedule 6.

    (2) If - 

(a) a person is included in the General Practitioner Register under article 10(2)(c) only by virtue of an acquired right under paragraph 1(d) of Schedule 6; or

(b) a restricted services principal is included in the General Practitioner Register only by virtue of paragraph 1(a) of Schedule 6,

the Registrar of the GMC shall ensure that the restriction on his right to practise as provided for in article 10(6) or (7) (as appropriate) is indicated in that person's entry in the General Practitioner Register in such manner as the Registrar thinks fit.

    (3) The Board shall, if a person so requests in writing, issue a certificate of acquired rights to him if it is satisfied that he has an acquired right to practise by virtue of Schedule 6.

    (4) The Board may make rules as to the procedure to be followed and the evidence it requires in support of a request made by a person under paragraph (3).

The Specialist Register
     13.  - (1) The GMC shall keep a register of specialists ("the Specialist Register").

    (2) Subject to paragraph (3), the Specialist Register shall contain the names of - 

(a) persons who hold a CCT in a specialty listed in Schedule 3 awarded by the Board; and

(b) other eligible specialists as specified in article 14.

    (3) A person is entitled to have his name included in the Specialist Register if he applies to the Registrar of the GMC for the purpose, paying any fee specified by the GMC in rules, and satisfies the Registrar - 

(a) of his entitlement by virtue of paragraph (2); and

(b) that he is a registered medical practitioner and, in the case of an oral and maxillo-facial surgeon, that he is also a registered dentist.

    (4) The Specialist Register shall indicate - 

(a) the specialty in respect of which each person's name is included in the register; and

(b) subject to paragraph (5), where the Board is satisfied that he has a particular expertise in a field within that specialty and he so requests in his application under paragraph (3) or subsequently, the name or a description of that field.

    (5) In order to satisfy the Board that he has a particular expertise in a field such that he is entitled to have that expertise indicated in the register under paragraph (4)(b), the person must satisfy the Board that he has satisfactorily completed - 

(a) sub-specialty training in the United Kingdom that is approved by the Board; or

(b) any other sub-specialty training outside the United Kingdom that the Board is satisfied is equivalent to sub-specialty training approved by the Board.

    (6) Subject to paragraph (7), a person may not take up appointment to any post as a consultant in the National Health Service in a specialty, or any more specialised field within such a specialty, unless his name is included in the Specialist Register.

    (7) Paragraph (6) does not apply to any person who held a post as a consultant in oral and maxillo-facial surgery in the National Health Service immediately before 1st January 1997.

Specialists eligible for entry in the Specialist Register
     14.  - (1) A person is an eligible specialist for the purposes of article 13(2)(b) if he was included in the specialist register maintained by the GMC under the ESMQO 1995 immediately before article 13 of this Order came into force, by virtue of the transitional provisions set out in article 12 of the ESMQO 1995 (existing specialists).

    (2) A person is also an eligible specialist for the purposes of article 13(2)(b) if the STA (or, where applicable, the STA's appeal panel), has determined that that person is an eligible specialist pursuant to article 9(2) or (3) of the ESMQO 1995 (eligible specialists).

    (3) A person is also an eligible specialist for the purposes of article 13(2)(b) if he holds a recognised specialist qualification (as specified in article 15) and he is - 

(a) a national of an EEA State; or

(b) a person who for the purposes of access to and the practice of the medical profession is entitled to be treated in the same way as such a national in order to enable an enforceable Community right to be exercised.

    (4) A person is also an eligible specialist for the purposes of article 13(2)(b) if - 

(a) he does not fall within paragraph (3); but

(b) he has - 


(i) undertaken specialist training, or

(ii) been awarded specialist qualifications,



in a specialty listed in Schedule 3, and he satisfies the Board that that specialist training is, or those qualifications are, or both when considered together are, equivalent to a CCT in the specialty in question.

    (5) A person is also an eligible specialist for the purposes of article 13(2)(b) if - 

(a) he has - 


(i) undertaken specialist training, or

(ii) been awarded specialist qualifications,



outside the United Kingdom in a medical specialty not listed in Schedule 3; or

(b) he has knowledge of or experience in any medical specialty derived from academic or research work,

and he satisfies the Board that these give him a level of knowledge and skill consistent with practise as a consultant in the National Health Service.

    (6) If a person falls within paragraph (4) or (5) and - 

(a) he is also a person falling within sub-paragraph (a) or (b) of paragraph (3), and he has specialist qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State; or

(b) he has acquired specialist medical experience or knowledge, wherever obtained,

the Board shall, when considering whether it is satisfied as mentioned in paragraph (4) or (5), take account of that acceptance or of that experience or knowledge.

    (7) In paragraphs (4) and (5), "specialist training" means specialist medical training that - 

(a) comprises of theoretical and practical instruction in a post specifically designated as a training post;

(b) takes place in a university centre, a teaching hospital or other health establishment;

(c) is supervised by an appropriate authority or other body; and

(d) involves the personal participation of the person training to be a specialist in the activity and in the responsibilities of the establishment concerned.

    (8) If the Board is not satisfied, having taken into account the matters specified in paragraph (6) (where applicable), that - 

(a) under paragraph (4), a person's specialist training, or specialist qualifications, or both when considered together, are equivalent to a CCT in the specialty in question; or

(b) under paragraph (5) - 


(i) a person's specialist training, or specialist qualifications, or both when considered together, give him the required level of knowledge and skill, or

(ii) a person's knowledge of, or experience in, any medical specialty derived from academic or research work, give him the required level of knowledge and skill,



paragraph (9) shall apply.

    (9) Where this paragraph applies, the Board shall give reasons as to why it is not satisfied, and, in particular, shall inform the person of - 

(a) the period of additional training that the person must undertake, and the fields to be covered by it;

(b) any examination, assessment (including a specified period of assessment) or other test of competence that the person must complete to the Board's satisfaction,

in order to satisfy the Board under paragraph (4) or (5).

    (10) In respect of any application under paragraph (4) or (5), the Board shall notify the applicant of its decision (and, where relevant, of the matters set out in paragraph (9)), in accordance with its duty under article 16(4).

    (11) If the Board is satisfied - 

(a) pursuant to paragraph (4), that a person's specialist training, specialist qualifications, or both when considered together, are equivalent to a CCT in the specialty in question; or

(b) pursuant to paragraph (5) that - 


(i) a person's specialist training, specialist qualifications, or both when considered together, give him the required level of knowledge and skill, or

(ii) a person's knowledge of, or experience in, any medical specialty derived from academic or research work, give him the required level of knowledge and skill,



it shall, if the person so requests, issue to that person a written statement attesting to the fact that the person has satisfied the Board that he is eligible for inclusion in the Specialist Register ("statement of eligibility for registration").

    (12) The Board shall make rules as to the procedure to be followed in relation to and by persons applying to the Board under paragraph (4) or (5), including rules as to the evidence it requires in support of such an application.

Recognised specialist qualifications
     15.  - (1) The following are recognised specialist qualifications for the purposes of article 14(3) - 

(a) a CCST;

(b) a specialist qualification listed in Schedule 7 granted in an EEA State other than the United Kingdom in a specialty in which the United Kingdom awards a qualification as set out in Part 1 of Schedule 3;

(c) a specialist qualification which - 


(i) was awarded in an EEA State other than the United Kingdom,

(ii) was awarded in a specialty in which the United Kingdom awards such a qualification as set out in Part 1 of Schedule 3,

(iii) does not satisfy all the minimum training requirements laid down by the Directive,

(iv) was awarded following training begun before the relevant date, and

(v) is accompanied by a certificate from the competent authority in the EEA State in which the qualification was awarded or in which its holder has subsequently become established, stating that the holder has been engaged in the practice of his specialty for at least the period required by article 9(2) of the Directive;



(d) a specialist qualification in a specialty in which the United Kingdom awards such a qualification as set out in Part 1 of Schedule 3 which - 



(i) has been obtained at any time in an EEA State other than the United Kingdom,

(ii) does not conform with the designations set out in Schedule 7 or Annex C of the Directive (which together set out the relevant specialist qualifications awarded in EEA States), and

(iii) is accompanied by a certificate of the competent authorities of that State to the effect that the qualification was awarded following training in accordance with the provisions of articles 24, 25, 26 or 29 of the Directive (which set out the minimum standards of training for specialist qualifications) and is treated by that State as if it were a qualification set out under the heading relating to the State in Schedule 7 or Annex C of the Directive;



(e) a specialist qualification which - 



(i) was awarded in Spain to doctors who completed specialist training before 1st January 1995 that did not comply with the minimum requirements laid down in articles 24 to 26 of the Directive,

(ii) was awarded in a specialty in which the United Kingdom awards such a qualification as set out in Part 1 of Schedule 3, and

(iii) is accompanied by a certificate awarded by the competent Spanish authorities attesting to the fact that the person concerned has passed the test of specific professional competence organised in accordance with article 9(2a) of the Directive with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of doctors holding the specialist qualification listed in relation to Spain in Schedule 7; and



(f) a specialist qualification in a specialty listed in Part 1 of Schedule 3 - 



(i) which is evidence of training which does not accord with the standards laid down by articles 24 to 26 of the Directive, undertaken on the territory of the former German Democratic Republic and begun before 3rd April 1992,

(ii) where the holder of the qualification satisfies the GMC (by means of a certificate of the competent authorities in Germany or otherwise) that he is entitled by virtue of that qualification to practise his specialty throughout the territory of Germany on the same conditions as the holder of a qualification awarded in Germany and listed in Schedule 7 and Annex C of the Directive, and

(iii) where evidence of the qualification is accompanied by a certificate of the competent authorities in Germany that the holder has practised his specialty in Germany for the period referred to in article 9(4) of the Directive (training in the former German Democratic Republic).

    (2) In paragraph (1)(c), "the relevant date" means - 

(a) 1st January 1981, in the case of a qualification granted in Greece;

(b) 1st January 1986, in the case of a qualification granted in Spain or Portugal;

(c) 1st January 1994, in the case of a qualification granted in Austria, Finland, Iceland, Norway, or Sweden;

(d) 1st May 1995, in the case of a qualification granted in Liechtenstein;

(e) 1st June 2002, in the case of a qualification granted in Switzerland; or

(f) 20th December 1976, in the case of a qualification granted in any other EEA State.

Decisions on inclusion in the Registers
     16.  - (1) The Registrar of the GMC shall, within the time specified in paragraph (2), notify a person who has made an application for inclusion in either of the Registers pursuant to article 10(3) or 13(3) that - 

(a) his name has been included in that Register; or

(b) his name has not been included in that Register, the reason for that decision, and of the applicant's right to appeal pursuant to article 23 (where applicable).

    (2) Except in relation to cases falling within paragraph (3), the Registrar shall notify an applicant of the matters specified in paragraph (1) within - 

(a) the period of three months beginning with the date on which the Registrar of the GMC receives the application with full supporting documentation; or

(b) any period of additional time which is permitted by article 15 of the Directive.

    (3) For the purposes of paragraph (2), the cases excepted are those where a person has applied to the GMC for inclusion in either of the Registers and he has previously had to satisfy the Board that he is - 

(a) an eligible general practitioner pursuant to article 11(3); or

(b) an eligible specialist pursuant to article 14(4) or (5).

    (4) In relation to cases falling within paragraph (3), the Board shall - 

(a) upon receiving an application with full supporting documentation, pursuant to article 11(3), or article 14(4) or (5) (as the case may be), deal expeditiously with that application; and

(b) co-operate with the GMC, and the GMC shall co-operate with the Board, to ensure that an applicant who has made an application to the Board pursuant to article 11(3), or article 14(4) or (5) (as the case may be) is able to apply to the GMC for inclusion in either of the Registers pursuant to article 10(3) or 13(3) and obtain a decision from the GMC within the specified time.

    (5) In paragraph (4), the specified time means, subject to paragraph (6), the period of three months - 

(a) beginning on the date on which the Board receives all the documents enabling it to determine whether the applicant is an eligible general practitioner or an eligible specialist pursuant to article 11(3) or article 14(4) or (5); and

(b) ending with the date on which the Registrar of the GMC gives the applicant notice under paragraph (1).

    (6) In calculating the period of three months pursuant to paragraph (5), the following shall be disregarded - 

(a) the period - 


(i) beginning with the date on which the Board gives the applicant notice under article 11(6) or 14(10) (as the case may be), and

(ii) ending with the date on which the GMC receives all the documents enabling it to determine whether it is satisfied of the applicant's entitlement to be registered pursuant to article 10(3) or article 13(3) (as the case may be); and



(b) any period of additional time which is permitted by article 15 of the Directive.

    (7) For the purposes of complying with its duty pursuant to paragraph (4), the Board may, if it sees fit, provide to the GMC information relating to, or copies of, any applications that have been made to it pursuant to article 11(3), or article 14(4) or (5).

Access to the Registers etc.
     17.  - (1) The GMC shall cause to be published from time to time (electronically or otherwise) a copy of the Registers on a date specified by the Registrar.

    (2) If the Registrar of the GMC receives a written inquiry from any person as to whether a named person is included in the General Practitioner Register or the Specialist Register, he shall provide that person with a written response which shall, where applicable, include the details contained in the Register relating to that named person's entry.

    (3) A certificate purporting to be signed by the Registrar of the GMC, certifying that a person - 

(a) is included in the General Practitioner Register or the Specialist Register;

(b) is not so included;

(c) was included in the General Practitioner Register or the Specialist Register at a specified date or during a specified period;

(d) was not included in the General Practitioner Register or the Specialist Register at a specified date or during a specified period; or

(e) has never been included,

shall be evidence (and in Scotland sufficient evidence) of the matters certified.

Removal and suspension from the Registers
     18.  - (1) Where it comes to the notice of the Registrar of the GMC that a person is no longer a registered medical practitioner, the Registrar shall remove that person's name from the General Practitioner Register or the Specialist Register (as the case may be), and shall send him notice of having done so.

    (2) Subject to paragraph (3) and (4), where a person removed from the General Practitioner Register or the Specialist Register pursuant to paragraph (1) becomes once again a registered medical practitioner, the Registrar shall, if requested to do so by that person, once again include that person's name in the General Practitioner Register or the Specialist Register (as the case may be) and shall send him notice of having done so.

    (3) Where it comes to the notice of the Registrar of the GMC that in the case of an oral and maxillo-facial surgeon - 

(a) his registration in the register of dentists (kept under section 14 of the Dentists Act 1984[16] (the dentists register and the registrar)) has been suspended under any provision of that Act; or

(b) he is no longer a registered dentist,

the Registrar shall remove that person's name from the Specialist Register and shall send him notice of having done so.

    (4) Where a person removed from the Specialist Register by virtue of paragraph (3) - 

(a) is no longer suspended from the register of dentists (kept under section 14 of the Dentists Act 1984 (the dentists register and the registrar)), and has not had his name erased from that register; or

(b) once again becomes a registered dentist,

the Registrar shall, if requested to do so by that person and provided that person is also a registered medical practitioner, once again include that person's name in the Specialist Register and shall send him notice of having done so.

    (5) Where the GMC is satisfied that any entry in the General Practitioner Register or the Specialist Register has been fraudulently procured or incorrectly made it may direct that the entry shall be removed from that Register, and paragraph (6) shall apply.

    (6) A decision taken by the GMC pursuant to paragraph (5) shall be treated as an appealable registration decision under Schedule 3A to the Medical Act (registration appeals); and the procedure in that Schedule shall accordingly apply.

    (7) Paragraph 6 of Schedule 3A to the Medical Act (notices) shall apply to notices required by this article to be sent to any person by the Registrar of the GMC as it applies to the notifications referred to in that paragraph.

(a) the Board is hereby designated as the competent authority in the United Kingdom for the purposes of Title IV of the Directive (which relates to specific training in general medical practice) except as mentioned in sub-paragraph (b); and

(b) for the purposes of article 37 of the Directive (recognition of certificates), the GMC is hereby designated as being responsible for the recognition of vocational training certificates and certificates of acquired rights issued in EEA States other than the United Kingdom.

Specialist qualifications
     20.  - (1) Pursuant to article 42 of the Directive, in relation to specialist qualifications, there shall be two competent authorities in the United Kingdom for the purposes of Title II and Title III of the Directive - 

(a) the GMC is hereby designated as the competent authority for the purposes of the recognition and registration of specialist qualifications; and

(b) subject to article 3(12), the Board is hereby designated as the competent authority for the purposes of specialist training and the issue of CCTs and certain other certificates.

    (2) In addition to the functions conferred upon it elsewhere in this Order, the GMC shall, in the event of justified doubts, perform the function of requiring the competent authority of another Member State that has awarded a diploma, certificate or other evidence of formal qualification to confirm its authenticity and to confirm that the holder of the diploma, certificate or other evidence of formal qualification has fulfilled the Directive's minimum training requirements.

    (3) In addition to the functions conferred upon it elsewhere in this Order, the Board shall perform the following functions of a Member State or its competent authorities or bodies which derive from the Directive - 

(a) under article 8 of the Directive - 


(i) the function of assessing the content and duration of specialist training of an EEA national who holds a specialist qualification awarded by a Member State in a specialty in which the United Kingdom does not award a CCT,

(ii) the function of taking into account the content and duration of the specialist training of the person concerned, together with that person's professional experience, additional training and continuing medical education, in determining what, if any, additional training that person must complete in order to obtain a CCT in a specified United Kingdom specialty,

(iii) the function of communicating its decision to the person concerned within four months of the date on which that person submits his application for a CCT, together with full supporting documentation, and

(iv) the function of awarding CCTs to EEA nationals in accordance with the requirements of article 8;



(b) where required to do so by another EEA State, the function of issuing certificates to specialists as set out in article 9(2) of the Directive, which requires certificates to be issued to persons holding a specialist qualification that does not satisfy all the minimum training requirements laid down by the Directive and was awarded following training begun before the relevant date (which has the same meaning as in article 15(2)), where either - 



(i) that qualification was awarded by the United Kingdom, or

(ii) the person holding that qualification has subsequently become established in the United Kingdom,



stating that, where applicable, the holder has been engaged in the practice of his specialty for at least the period required by article 9(2) of the Directive;

(c) the function of issuing certificates of fulfilment of Directive training requirements in respect of specialist qualifications which do not conform with the designations set out in the Directive; and

(d) where a request is received from another Member State, the function of confirming authenticity of a CCT and of confirming that a person holding a CCT has fulfilled the Directive's minimum training requirements.

(a) for the period within which a person is permitted to appeal to the Appeal Panel against a decision, act or omission of the Board;

(b) for the Board to maintain a list of persons who may be appointed to an Appeal Panel;

(c) for an Appeal Panel to consist of three members and a chair;

(d) for two members of an Appeal Panel to be registered medical practitioners, and for one member to be a person who is not and never has been a registered medical practitioner, and who does not hold any qualification that is registrable under the Medical Act;

(e) for the chair of an Appeal Panel to be legally qualified and to - 


(i) have a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990[17] (qualification for judicial and certain other appointments);

(ii) be an advocate or solicitor in Scotland of at least 10 years' standing, or

(iii) be a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing;



(f) that no person who is a member of the Board, the statutory committees or any other committee of the Board, may be appointed to an Appeal Panel;

(g) that proceedings of an Appeal Panel shall take place in public unless the person or body who is appealing requests a private hearing; and

(h) that an Appeal Panel shall give reasons for its decision.

    (8) The Board may pay such allowances and expenses to persons appointed to an Appeal Panel as it may determine.

Appeal to a court or sheriff against a decision of an Appeal Panel
     22.  - (1) An appeal from any decision of an Appeal Panel shall lie to the relevant court but must be brought within 28 days beginning with the date on which the appellant was notified of the decision.

    (2) In any appeal under this article, the Board shall be the respondent.

    (3) Subject to paragraph (4), the relevant court may - 

(a) dismiss the appeal;

(b) allow the appeal and quash the decision appealed against;

(c) substitute for the decision appealed against any other decision the Board could have made; or

(d) remit the case to the Board to be disposed of in accordance with the directions of the court or sheriff,

and may make such order as to costs (or, in Scotland, expenses) as it, or he, as the case may be, thinks fit.

    (4) Where the appeal is against a decision of an Appeal Panel made under article 21(5), the relevant court may - 

(a) dismiss the appeal; or

(b) allow the appeal and - 


(i) remit the case to the Board to be disposed of in accordance with directions of the court or sheriff, or

(ii) make any decision that the Board could have made.

    (5) In this article, "relevant court" means the county court or in the case of a hospital, institution, general practitioner or person whose address is in Scotland, the sheriff in whose sheriffdom the address is situated.

Appeals against decisions on inclusion in the Registers
     23.  - (1) If a person applies to the Registrar of the GMC in order to have his name included in the General Practitioner Register or the Specialist Register pursuant to article 10(3) or 13(3), and - 

(a) he satisfies the Registrar of the GMC that he is a registered medical practitioner pursuant to article 10(3)(b) or 13(3)(b); but

(b) his application for inclusion in either of the Registers is unsuccessful because he fails to satisfy the Registrar of the GMC that he is an eligible general practitioner or eligible specialist pursuant to article 10(3)(a) or 13(3)(a),

the decision of the Registrar shall be treated as an appealable registration decision under Schedule 3A to the Medical Act (registration appeals) and the procedure in that Schedule shall accordingly apply.

    (2) Failure by the GMC to notify a person of the matters specified in article 16(1) within the time specified in article 16(2) or, where applicable, article 16(4) shall be treated as a decision against which a person may appeal under paragraph 4 of Schedule 3A to the Medical Act.

    (3) Except for rules made under article 24 or paragraph 2(3) of Schedule 2, the Board shall publish rules made under this Order (electronically or otherwise).

    (4) The power of the Secretary of State to make an order under this Order, including an order made under paragraph (2), is exercisable by statutory instrument, and a statutory instrument containing such an order shall be subject to annulment in pursuance of a resolution of either House of Parliament and for the purposes of section 1 of the Statutory Instruments Act 1946[18] this provision shall have effect as if contained in an Act of Parliament.

Default powers of the Secretary of State
     26.  - (1) If it appears to the Secretary of State that the Board has failed to perform any function which, in the opinion of the Secretary of State, should have been performed by it, the Secretary of State may notify the Board of his opinion and require the Board to make representations to him.

    (2) The Secretary of State may, having considered the representations of the Board, give such directions (if any) to the Board as he considers appropriate.

    (3) If the Board fails to comply with any directions given under this article, the Secretary of State may give effect to the direction.

    (4) For the purpose of giving effect to a direction under paragraph (3), the Secretary of State may - 

(a) exercise any power of the Board or do any act or other thing authorised to be done by the Board; and

(b) do, of his own motion, any act or other thing which he is otherwise authorised to do under this Order at the instigation of the Board.

    (5) The Secretary of State shall not take any action pursuant to paragraphs (1) to (4) unless he has consulted - 

(a) the Scottish Ministers;

(b) the Department of Health, Social Services and Public Safety in Northern Ireland; and

(c) the National Assembly for Wales.

Annual reports
     27.  - (1) The Board shall - 

(a) within such time as directed by the Secretary of State, submit a report to him on the Board's exercise of its functions during the period specified by the Secretary of State; and

(b) thereafter submit such a report once in each calendar year in respect of the period since its last such report.

    (2) Within the times specified in paragraph (1), the Board shall also send a copy of the report to the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales.

    (3) The Secretary of State shall lay before each House of Parliament a copy of every report submitted to him by the Board under paragraph (1).

    (4) A copy of the report shall also be laid before - 

(a) the Scottish Parliament by the Scottish Ministers;

(b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety in Northern Ireland,

and the National Assembly for Wales shall publish the report.

Review of the Board's exercise of its functions
     28.  - (1) The Secretary of State shall ensure that a full review of the Board's exercise of its functions under this Order is carried out once in every five year period.

    (2) A review under paragraph (1) shall be undertaken by a body appointed by the Secretary of State for that purpose.

    (3) A body appointed under paragraph (2) shall produce a written report on its review of the Board's exercise of its functions.

    (4) The first review shall take place within five years of the date of this article coming into force and thereafter a review shall take place once in every five year period following on from when the last review was carried out.

    (5) The Secretary of State shall lay before each House of Parliament a copy of every report produced under paragraph (3).

    (6) A copy of the report shall also be laid before - 

(a) the Scottish Parliament by the Scottish Ministers;

(b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety in Northern Ireland,

and the National Assembly for Wales shall publish the report.

Accounts of the Board
     29.  - (1) The Board shall - 

(a) keep accounts in such form as the Secretary of State may determine; and

(b) prepare annual accounts in respect of each financial year, in such form as the Secretary of State may determine.

    (2) The annual accounts shall be audited by persons whom the Board appoints.

    (3) No person may be appointed as an auditor under paragraph (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989[19] (eligibility for appointment) or Article 28 of the Companies (Northern Ireland) Order 1990[20] (eligibility for appointment).

    (4) As soon as is reasonably practicable after the end of the financial year to which the annual accounts relate, the Board shall - 

(a) cause them to be published together with any report on them made by the auditors; and

(b) send a copy of the annual accounts and of any such report to - 


(i) the Secretary of State,

(ii) the Comptroller and Auditor General,

(iii) the Scottish Ministers,

(iv) the Department for Health, Social Services and Public Safety in Northern Ireland, and

(v) the National Assembly for Wales.

    (5) The Comptroller and Auditor General shall examine, certify and report on the annual accounts.

    (6) For the purposes of his examination, the Comptroller and Auditor General may inspect the accounts of the Board and any records relating to them.

    (7) The Secretary of State shall lay before each House of Parliament a copy of the annual accounts certified by the Comptroller and Auditor General, any report of the auditors and the report of the Comptroller and Auditor General prepared under paragraph (5).

    (8) A copy of the annual accounts (and the reports mentioned in paragraph (7)) shall be laid before - 

(a) the Scottish Parliament by the Scottish Ministers;

(b) the Northern Ireland Assembly by the Department of Health, Social Services and Public Safety in Northern Ireland,

and the National Assembly for Wales shall publish the accounts (and the aforementioned reports).

    (9) In this article, "financial year" means - 

(a) the period beginning with the date on which the Board is established and ending with the next 31st March following that date; and

(b) each successive period of 12 months ending with 31st March.

Amendment to the Medical Act and the Medical Act 1983 (Amendment) Order 2002
     30.  - (1) In the Medical Act - 

(a) in section 40 (Appeals), for sub-paragraph (9) there shall be substituted - 

    " (9) On an appeal under this section from a Fitness to Practise Panel, the General Council may appear as respondent; and for the purpose of any order as to costs (or, in Scotland, expenses) in relation to any such appeal the Council shall be deemed to be a party thereto, whether they appear on the hearing of the appeal or not."; and

(b) in paragraph 11 of Schedule 6 to the Medical Act (transitional and savings provisions), at the end of sub-paragraphs (1) and (2), there shall be added "who holds a licence to practise".

    (2) In Part I of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002[21] (consequential amendments to primary legislation), paragraph 1 shall be omitted.

Extent, transitional, transitory, saving and consequential provisions
     31.  - (1) Subject to paragraphs (2) and (3), this Order extends to the whole of the United Kingdom.

    (2) Subject to paragraph (3), the extent of the amendment or revocation of any enactment in Schedule 9 or Schedule 10 is the same as that of the amended or revoked enactment.

    (3) In Schedule 10, paragraph 1(c)(i) shall apply only to England and paragraph 1(c)(ii) shall apply only to Wales.

    (4) The transitional, transitory and saving provisions contained in Schedule 8 shall apply.

    (5) The consequential amendments and revocations contained in Schedules 9 and 10 shall have effect.

    (6) The Secretary of State may by order make such further transitional, transitory or saving provisions as he considers appropriate.


A. K. Galloway
Clerk of the Privy Council

"1977 Act" means the National Health Service Act 1977[22];

"1978 Act" means the National Health Service (Scotland) Act 1978[23];

"1997 Act" means the National Health Service (Primary Care) Act 1997[24];

"Appeal Panel" has the meaning assigned to it in article 21(1);

"the Board" means the Postgraduate Medical Education and Training Board;

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

"certificate of equivalent experience" means a certificate issued by the JCPTGP pursuant to - 

(a) regulation 12 of the Vocational Training Regulations (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979[25];

(b) regulation 12 of the Vocational Training Regulations (Scotland) (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the National Health Service (Vocational Training) (Scotland) Regulations 1980[26];

(c) regulation 12 of the Vocational Training Regulations (Northern Ireland) (certificate of equivalent experience) and includes for the purposes of article 11(1)(c) a certificate of equivalent experience issued under the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979[27],

or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

"certificate of prescribed experience" means a certificate issued by the JCPTGP pursuant to - 

(a) regulation 10 of the Vocational Training Regulations (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the National Health Service (Vocational Training) Regulations 1979[28];

(b) regulation 10 of the Vocational Training Regulations (Scotland) (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the National Health Service (Vocational Training) (Scotland) Regulations 1980[29];

(c) regulation 10 of the Vocational Training Regulations (Northern Ireland) (certificate of prescribed experience) and includes for the purposes of article 11(1)(b) a certificate of equivalent experience issued under the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979[30],

or a certificate issued by the Board, in accordance with those provisions, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

"competent authority", in relation to an EEA State, means the authority or body designated by that State as competent for the relevant purposes of the Directive;

"consultant in the National Health Service" means a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the National Health Service;

"CCT" means Certificate of Completion of Training awarded under article 8, including any such certificate awarded in pursuance of the Board's competent authority functions specified in article 20(3)(a);

"CCST" means a Certificate of Completion of Specialist Training awarded by the STA under the ESMQO 1995 or a Certificate of Completion of Specialist Training issued by the Board, in accordance with the provisions of the ESMQO 1995, pursuant to the transitional, transitory, and saving provisions in Schedule 8;

"the Directive" means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications[31] - 

(a) as adapted by paragraph 4(b), (c) and (d) of Annex VII to the EEA Agreement (where the specialist medical qualifications awarded in certain EEA States[32] and the names given to specialities in those States are set out); and

(b) as amended by - 


(i) the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on 24th June 1994[33], as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union[34],

(ii) Council Directive 97/50/EC[35], Commission Directive 98/21/EC[36], Commission Directive 98/63/EC[37], Commission Directive 1999/46/EC[38] and Directive 2001/19/EC[39], and

(iii) the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;

"EEA" means European Economic Area which shall be read as including Switzerland;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 [40] as adjusted by the Protocol signed at Brussels on 17th March 1993[41], as amended by Decisions of the EEA Joint Committee Nos. 190/1999 of 17th December 1999[42], 89/2000 of 27th October 2000[43] and 84/2002 of 25th June 2002[44];

"EEA State" means a Contracting Party to the EEA Agreement or Switzerland;

"ESMQO 1995" means the European Specialist Medical Qualifications Order 1995[45];

"fee" shall be construed in accordance with article 24;

"general practitioner" means a general medical practitioner;

"GMC" means the General Medical Council;

"General Practitioner Register" means the register maintained by the GMC pursuant to article 10(1);

"GP Registrar" has the meaning assigned to it in article 5(5);

"GP Trainer" has the meaning assigned to it in article 5(4);

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

"Medical Act" means the Medical Act 1983[46];

"National Health Service" means the health services established in pursuance of the National Health Service Act 1946, the National Health Service (Scotland) Act 1947 or any health services provided in pursuance of article 4(a) of the Health and Personal Social Services (Northern Ireland) Order 1972[47];

"prescribed" means prescribed in rules made by the Board;

"registered dentist" has the same meaning as in the Dentists Act 1984[48];

"the Registers" means the General Practitioner Register and the Specialist Register;

"restricted services principal" means the same as in the National Health Service (General Medical Services) Regulations 1992[49], the National Health Service (General Medical Services) (Scotland) Regulations 1995[50], or the General Medical Services Regulations (Northern Ireland) 1997[51], as the case may be;

"the 1994 Regulations" means the Vocational Training for General Medical Practice (European Requirements) Regulations 1994[52];

"Specialist Register" means the register maintained by the GMC pursuant to article 13(1);

"statement of eligibility for registration" has the meaning assigned to it in article 11(7) for general practitioners and article 14(11) for specialist medical practitioners;

"statutory committees" has the meaning assigned to it in article 3(8);

"STA" means the Specialist Training Authority of the medical Royal Colleges;

"United Kingdom country" means England, Scotland, Wales or Northern Ireland;

"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 Directive;

"Vocational Training Regulations" means the National Health Service (Vocational Training for General Medical Practice) Regulations 1997[53];

"Vocational Training Regulations (Northern Ireland)" means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998[54]; and

"Vocational Training Regulations (Scotland)" means the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998[55].

(a) "the 1979 Regulations" means the National Health Service (Vocational Training) Regulations 1979[56];

(b) "the 1979 Northern Ireland Regulations" means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979[57];

(c) "the 1980 Regulations" means the National Health Service (Vocational Training) (Scotland) Regulations 1980[58];

(d) "the 1992 Regulations" means the National Health Service (General Medical Services) Regulations 1992[59];

(e) "medical list" means the same as in the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974[60], the 1992 Regulations or the General Medical Services Regulations (Northern Ireland) 1997[61], as the case may be; and

(f) "FHSA" means Family Health Services Authority.

Article 15


SPECIALIST QUALIFICATIONS AWARDED IN EEA STATES OTHER THAN THE UNITED KINGDOM

Country	Title of qualification	Awarding body
Austria	Facharztdiplom	Österreichische Ärztekammer
Belgium	Bijzondere beroepstitel van geneesheer-specialist/Titre professional particular de médecin spécialiste	Minister bevoegd voor Volksgezondheid/Ministre de la Santé publique
Denmark	Bevis for tilladelse til at betegne sig som speciallaege	Sundhedsstyrelsen
Finland	Erikoislääkärin tutkinto/specialläkarexamen	1. Helsingin yliopisto/Helsingfors universitet      2. Kuopion yliopisto      3. Oulun yliopisto      4. Turun yliopisto
France	1. Certificat d'études spéciales de médecine      2. Attestation de médecin spécialiste qualifié      3. Certificat d'études spéciales de médecine      4. Diplôme d'études spécialisées ou spécialition complémentaire qualifiante de médecine	1. 3. 4. Universités      2. Conseil de l'Ordre des médecins
Germany	Fachärztliche Anerkennung	Countryesärztekammer
Greece	Ττλοσ Ιατρικσ Ετδικτητασ	1. Νοµαρχακ Αυτοδοικηση      2. Νοµαρχα
Iceland	Sérfrædileyfi	Heilbrigðis-og tryggingamálaráðuneyti
Ireland	Certificate of Specialist doctor	Competent authority
Italy	Diploma di medico specialista	Università
Liechtenstein	The diplomas, certificates and other titles awarded in another State to which the Directive applies and which are listed in this Schedule, accompanied by a certificate on the completed practical training issued by the competent authorities.
Luxembourg	Certificat de médecin spécialiste	Ministre de la Santé publique
The Netherlands	Bewijs van inschrijving in een Specialistenregister	1. Medisch Specialisten Registratie Commissie (MSRC) van de Koninklijke Maatschappij tot Bevordering der Geneeskunst      2. Sociaal-Geneeskundigen Registratie Commissie van de Koninklijke Nederlandsche Maatschappij tot Bevordering der Geneeskunst      3. Huisarts en Verpleeghuisarts Registratie Commissie (HVRC) van de Koninklijke Nederlandsche Matschappij tot Bevordering der Geneeskunst
Norway	Spesialistgodkjenning	Den norske lægeforening ihht. Delegert mindighet
Portugal	1. Grau de assistente e/ou      2. Titulo de especialista	1. Ministério da Saúde      2. Ordem dos Médicos
Spain	Título de Especialista	Ministerio de Educación y Cultura
Sweden	Bevis om specialkompetens som läkare, utfärdat av Socialstyrelsen	Socialstyrelsen
Switzerland	Spécialiste, Facharzt, specialista	Département fédéral de l'intérieur

(a) in England and Wales - 


(i) nomination or approval to fill a vacancy for a medical practitioner pursuant to any regulations made under section 29B of the 1977 Act[62] (vacancies for medical practitioners),

(ii) inclusion in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 29 of the 1977 Act[63] (arrangements and regulations for general medical services) or in a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to section 43D of that Act[64] (supplementary lists),

(iii) performing personal medical services as part of a pilot scheme within the meaning of section 1(1) of the 1997 Act (pilot schemes), or in accordance with any arrangements made pursuant to section 28C of the 1977 Act[65] (personal medical or dental services), or

(iv) inclusion in a list of persons who may perform personal medical services pursuant to any regulations made under section 8ZA of the 1997 Act[66] (lists of persons who may perform personal medical services or personal dental services) or section 28DA of the 1977 Act[67] (lists of persons who may perform personal medical services or personal dental services);



(b) in Scotland - 



(i) nomination or approval to fill a vacancy for a medical practitioner to provide general medical services pursuant to any regulations made under section 19B (vacancies for medical practitioners) or section 24 (regulations for medical practices committees) of the 1978 Act[68],

(ii) inclusion in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 19 of the 1978 Act (arrangements and regulations for general medical services) or in a list of persons approved to assist in the provision of such services pursuant to section 24B of that Act[69] (supplementary lists),

(iii) performing personal medical services as part of a pilot scheme within the meaning of section 1(1) of the 1997 Act (pilot schemes) or in accordance with any arrangements made pursuant to section 17C of the 1978 Act[70] (personal medical or dental services), or

(iv) inclusion in a list of persons who may perform personal medical services pursuant to any regulations made under section 17EA of the 1978 Act[71] (services lists);



(c) in Northern Ireland - 



(i) inclusion in a list of persons undertaking to provide general medical services pursuant to any regulations made under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972[72] (arrangements for general medical services),

(ii) performing personal medical services as part of a pilot scheme within the meaning of Article 3(1) of the Health Services (Primary Care) (Northern Ireland) Order 1997[73], or in accordance with any arrangements made pursuant to Article 15B[74] of the Health and Personal Social Services (Northern Ireland) Order 1972, or perform personal medical services within the meaning of Article 3(7) of the Health Services (Primary Care) (Northern Ireland) Order 1997, or

(iii) being engaged as a deputy by, or employed as an assistant by a person undertaking to provide general medical services pursuant to any regulations made under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (arrangements for general medical services).

    (3) The prohibition in sub-paragraph (1) does not include any person undertaking a period of employment as a GP Registrar, or a person who is provisionally registered under section 15, 15A or 21 of the Medical Act acting in the course of his employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act).

    (4) A person who has an acquired right under paragraph 1(d) of Schedule 6 shall not be - 

(a) nominated or approved by a Health Authority or Primary Care Trust pursuant to any regulations made under section 29B of the 1977 Act (vacancies for medical practitioners), or included in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 29 of the 1977 Act (arrangements and regulations for general medical services);

(b) nominated or approved under section 19B of the 1978 Act (vacancies for medical practitioners), selected in accordance with section 23 of that Act (distribution of general medical services) or included in a list of persons undertaking to provide general medical services pursuant to any regulations made under section 19 of that Act (arrangements and regulations for general medical services); or

(c) included in a list of persons undertaking to provide general medical services pursuant to any regulations made under Article 56 of the Health and Personal Social Services (Northern Ireland) Order 1972 (arrangements for general medical services),

merely because of that acquired right.

    (5) A restricted services principal whose name is included in the General Practitioner Register by virtue of - 

(a) an acquired right by virtue of paragraph 1(a) of Schedule 6; or

(b) an exemption from the need to have the prescribed experience under regulation 5(1)(d) of the Vocational Training Regulations, regulation 5(1)(d) of the Vocational Training Regulations (Scotland) or regulation 5(1)(d) of the Vocational Training Regulations (Northern Ireland) (which relate to exemptions),

shall not be entitled to practise otherwise than in accordance with the restriction which applies in his case.

(a) no longer a registered medical practitioner; or

(b) suspended from the register of medical practitioners kept under section 2 of the Medical Act, under any provision of that Act,

the Registrar shall remove that person's name from the General Practitioner Register or the Specialist Register (as the case may be) and shall send him notice of having done so.

    (3) Where it comes to the notice of the Registrar of the GMC that a person removed from the General Practitioner Register or the Specialist Register pursuant to paragraph (2) - 

(a) is once again a registered medical practitioner, in respect of a person whose name has been removed pursuant to sub-paragraph (2)(a); or

(b) is no longer suspended from the register of medical practitioners kept under section 2 of the Medical Act (unless his name has been erased from that register), in respect of a person whose name has been removed from the General Practitioner Register or the Specialist Register pursuant to sub-paragraph (2)(b),

the Registrar shall, if that person so requests, include that person's name in the Specialist Register or the General Practitioner Register (as the case may be) and shall send him notice of having done so.

    (4) Where - 

(a) a person's name has been removed from the General Practitioner Register or the Specialist Register pursuant to this Part; and

(b) following the coming into force of paragraph 10 of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002, that person becomes a registered medical practitioner,

the Registrar of the GMC shall treat that person as if he was removed from the appropriate Register pursuant to article 18(1) of this Order, and the procedure in article 18(2) shall accordingly apply to that person.

(a) eligible employee; and

(b) rights or liabilities.

    (2) In this paragraph - 

(a) "the new employer" means the Board;

(b) "the old employers" means the Royal College of General Practitioners or the STA; and

(c) "eligible employees" means persons who are employed under a contract of employment with the old employers.

     25.  - (1) A direction made under paragraph 24(1) may be made by the Secretary of State only if any requirements about consultation have been complied with in relation to eligible employees to be transferred under the scheme.

    (2) A direction made under paragraph 24(1) may apply to all, or any description of, eligible employees.

     26.  - (1) The contract of employment of an eligible employee transferred by virtue of a direction made under paragraph 24(1) - 

(a) is not terminated by the transfer; and

(b) has effect from the date of the transfer as if originally made between the employee and the transferee.

    (2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred pursuant to a direction mentioned in that sub-paragraph - 

(a) all the rights, powers, duties and liabilities of the old employers under or in connection with the contract of employment are, by virtue of this paragraph, transferred to the transferee on the date of transfer; and

(b) anything done in respect of that contract or employee in relation to the old employer is to be treated from that date as having been done by or in relation to the new employer.

    (3) Sub-paragraphs (2)(a) and (b) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs his old employer that he objects to the transfer.

    (4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of transfer, but he is not to be treated for any purpose as having been dismissed by that employer.

    (5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

    (6) In this paragraph, "the date of transfer" means, in relation to an eligible employee, the date of the transfer determined under a direction made under paragraph 24(1).

     27. A direction made under paragraph 24(1) may provide for the new employer to carry out any other functions necessary or expedient consequent on the dissolution of the old employers.

(a) "The Joint Committee on Postgraduate Training for General Practice." and "The Specialist Training Authority of the Medical Royal Colleges." shall be omitted from the list; and

(b) "The Postgraduate Medical Education and Training Board." shall be inserted in the appropriate position in the list.

National Health Service Act 1977 (c.49)
     2. In the National Health Service Act 1977 - 

(a) section 31 (requirement of suitable experience) and section 32 (regulations as to s. 31) shall be omitted;

(b) in section 102 (allowances and remuneration for members of certain bodies) - 


(i) in subsection (1), paragraph (a)(iii) shall be omitted,

(ii) in subsection (2), paragraph (b) shall be omitted; and



(c) in section 126 (orders and regulations, and directions), in subsection (2), paragraph (a) shall be omitted.

National Health Service (Scotland) Act 1978 (c.29)
     3. In the National Health Service (Scotland) Act 1978[77] - 

(a) in section 17E (personal medical or dental services: regulations), subsection (6) shall be omitted;

(b) in section 17EB (application for inclusion in services list) - 


(i) at the end of subsection (1)(a), the word "or" shall be omitted, and

(ii) subsection (1)(b), (2) and (3) shall be omitted;



(c) section 21 (requirement of suitable experience) and section 22 (regulations as to section 21) shall be omitted;

(d) in section 23 (distribution of general medical services), in subsection (4), ", or as required by section 21" shall be omitted; and

(e) in section 24C (application for inclusion in supplementary list) - 



(i) at the end of subsection (1)(a), the word "or" shall be omitted, and

(ii) subsection (1)(b), (2) and (3) shall be omitted.

Health and Personal Social Services (Northern Ireland) Order 1978
     4. In the Health and Personal Social Services (Northern Ireland) Order 1978[78], Part III (Vocational Training for Medical Practitioners) shall be omitted.

Medical Act 1983 (c.54)
     5. In section 21A of the Medical Act 1983[79] (full registration for eligible specialists and qualified general practitioners), for sub-sections (2) and (3), there shall be substituted - 

    " (2) In subsection (1)(b) above - 


"eligible specialist" means a person - 
(a) who - 


(i) has undertaken specialist medical training or been awarded specialist medical qualifications in a specialty in which the United Kingdom awards a CCT, and

(ii) has satisfied the Board that that specialist training or those qualifications, or both when considered together, are equivalent to a CCT in the specialty in question;



(b) who - 



(i) has undertaken specialist medical training or been awarded specialist medical qualifications outside the United Kingdom in a specialty in which the United Kingdom does not award a CCT, or

(ii) has knowledge of or experience in any medical specialty derived from academic or research work,



and has satisfied the Board that these give him a level of knowledge and skill consistent with practice as a consultant in the National Health Service;

(c) who - 



(i) has specialist medical qualifications awarded outside the United Kingdom in a specialty in which the United Kingdom awarded a CCST; and

(ii) satisfied the former competent authority, or the Board pursuant to transitional arrangements, that those qualifications were equivalent to a CCST; or



(d) who - 



(i) has specialist medical qualifications awarded outside the United Kingdom in a specialty in which the United Kingdom did not award a CCST, or

(ii) has knowledge of or experience in any medical specialty derived from academic or research work,



and has satisfied the former competent authority, or the Board pursuant to transitional arrangements, that these give him a level of knowledge and skill consistent with practice as a consultant in that specialty in the National Health Service; and



"qualified general practitioner" means a person - 
(a) who - 


(i) has undertaken training in general practice or obtained qualifications in general practice, and

(ii) has satisfied the Board that that training is, or those qualifications are, or both when considered together are equivalent to a CCT in general practice; or



(b) has been awarded a Certificate of Equivalent Experience by the Joint Committee on Postgraduate Training for General Practice, or by the Board pursuant to transitional arrangements.



    (3) In this section - 



"the Board" means the Postgraduate Medical Education and Training Board;
"CCT" means Certificate of Completion of Training;
"CCST" means Certificate of Completion of Specialist Training;
"the former competent authority" means the Specialist Training Authority of the medical Royal Colleges; and
"transitional arrangements" means arrangements made for a period of time following the transfer of certain functions from the former competent authority to the Board, or from the Joint Committee on Postgraduate Training for General Practice to the Board (as the case may be).".

National Health Service (Primary Care) Act 1997 (c.46)
     6. In the National Health Service (Primary Care) Act 1997 - 

(a) in section 2 (provision of personal medical services) - 


(i) in subsection (2), for paragraph (b) there shall be substituted - 


" (b) an eligible medical practitioner;", and


(ii) for subsection (4), there shall be substituted - 

    " (4) Regulations shall make provision as to the meaning of "eligible medical practitioner" for the purposes of this section.";

(b) section 11 (medical practitioners to be suitably experienced) shall be omitted;

(c) in section 22 (supplementary regulations) - 


(i) in subsection (1), the subsection (6) of the section 28E (personal medical or dental services: regulations) to be inserted into the 1977 Act shall be omitted, and

(ii) in subsection (2)[80], the subsection (6) of the section 17E to be inserted into the 1978 Act shall be omitted; and



(d) in section 33 (medical lists and vacancies: Scotland), subsection (3) shall be omitted.

Health Services (Primary Care) (Northern Ireland) Order 1997
     7. In the Health Services (Primary Care) (Northern Ireland) Order 1997[81] - 

(a) in Article 4 (provision of personal medical services under a pilot scheme) - 


(i) for paragraph (2)(b) there shall be substituted - 


" (b) an eligible medical practitioner;", and


(ii) for paragraph (4), there shall be substituted - 

    " (4) Regulations shall make provision as to the meaning of "eligible medical practitioner" for the purposes of this Article."; and

(b) Article 12 (medical practitioners to be suitably experienced) shall be omitted.

(a) in regulation 18E(1) (criteria for approval and nomination), sub-paragraph (a) shall be omitted;

(b) in regulation 25 (temporary provision of services), for paragraph (6A) substitute - 

    " (6A) No doctor may be appointed under paragraph (2) or (6) unless he is included by a Health Authority, Local Health Board or Primary Care Trust in a medical list, a medical supplementary list in accordance with section 43D of the Act, or is named as a performer of personal medical services in a pilot scheme.";

(c) in Schedule 2 (terms of service for doctors) - 


(i) in paragraph 21A (which applies to England only), for sub-paragraph (2)(a)(iii), there shall be substituted - 


" (iii) will, unless he is a trainee general practitioner acting in the place of and under the supervision of the doctor responsible for his training - 


(aa) be an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (other than by virtue of being a restricted services principal) during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(bb) have his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order (other than by virtue of being a restricted services principal),",



(ii) in paragraph 22 (which applies to Wales only), for sub-paragraph (2)(a)(iii), there shall be substituted - 



" (iii) will, unless he is a trainee general practitioner acting in the place of and under the supervision of the doctor responsible for his training - 


(aa) be an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (other than by virtue of being a restricted services principal) during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(bb) have his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order (other than by virtue of being a restricted services principal), and", and



(iii) in paragraph 22A - 



(aa) for sub-paragraph (a) there shall be substituted - 



" (a) either - 


(i) is an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (other than by virtue of being a restricted services principal) during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(ii) has his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order (other than by virtue of being a restricted services principal); or", and


(bb) sub-paragraph (b) shall be omitted;



(d) in Schedule 3 (information to be considered by a Primary Care Trust when deciding whether or not to declare a vacancy), in Part III, for paragraph 5 there shall be substituted - 

     " 5. Medical qualifications and experience, and evidence that the doctor - 


(a) is an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications Order) 2003 during the transitional period set out in paragraph 21 of Schedule 8 to that Order; or

(b) has his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order."; and



(e) in Schedule 12 (information to be included in practice leaflets), for paragraph 20 there shall be substituted - 

     " 20. If the practice has practitioners that are approved for the purposes of providing the training to GP Registrars referred to in article 5(1)(c)(i) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, or if the practice undertakes the teaching of undergraduate medical students, the nature of the arrangements for drawing this to the attention of patients.".

The Medical Act 1983 (Approved Medical Practice and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998
     2. In regulation 2 of the Medical Act 1983 (Approved Medical Practice and Conditions of Residence) and National Health Service (General Medical Services) (Amendment) Regulations 1998[83], for sub-paragraph (1)(b) substitute - 

" (b) "training practitioner" means a practitioner approved for the purposes of providing the training to GP Registrars referred to in article 5(1)(c)(i) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003.".

The National Health Service (Appointment of Consultants) Regulations 1996
     3. In the National Health Service (Appointment of Consultants) Regulations 1996[84], for regulation 4(b) (registration requirements), there shall be substituted - 

" (b) in the case of an appointment of a registered medical practitioner made after the coming into force of article 13(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, his name is included in the Specialist Register kept by the General Medical Council pursuant to article 13(1) of that Order.".

The National Health Service (Appointment of Consultants) (Wales) Regulations 1996
     4. In the National Health Service (Appointment of Consultants) (Wales) Regulations 1996[85], for regulation 4(b) (registration requirements), there shall be substituted - 

" (b) in the case of an appointment of a registered medical practitioner made after the coming into force of article 13(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, his name is included in the Specialist Register kept by the General Medical Council pursuant to article 13(1) of that Order.".

The National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998
     5. In the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998[86], regulation 5 (persons who may perform personal medical services) shall be omitted.

The Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999
     6. In the Scotland Act 1998 (Cross-Border Public Authorities) (Specification) Order 1999[87], the entry in the table in the Schedule to the Order relating to the Joint Committee on General Practitioner Training shall be omitted.

The National Health Service (General Medical Services Supplementary List) Regulations 2001
     7. In the National Health Service (General Medical Services Supplementary List) Regulations 2001[88] - 

(a) in regulation 4(2) (application for inclusion in the supplementary list), for sub-paragraph (e) there shall be substituted - 


" (e) medical qualifications and where they were obtained, and a copy of evidence confirming that the applicant - 


(i) is an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, if the application has been made during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(ii) has his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order, and"; and



(b) in regulation 6(2) (grounds for refusal), for sub-paragraph (d) substitute - 



" (d) if it is not satisfied that he - 


(i) is an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, if the Primary Care Trust is determining the application during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(ii) has his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order, and".

The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 (Rheoliadau'r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002)
     8. In the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002[89] - 

(a) in regulation 4(2) (application for inclusion in the supplementary list), for sub-paragraph (e), there shall be substituted - 


" (e) medical qualifications and where they were obtained, and a copy of evidence confirming that the applicant - 


(i) is an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, if the application has been made during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(ii) has his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order, and";



(b) in regulation 6(2) (grounds for refusal), for sub-paragraph (d) substitute - 



" (d) if it is not satisfied that he - 


(i) is an eligible general practitioner pursuant to paragraph 22 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, if the Health Authority or Local Health Board is determining the application during the transitional period set out in paragraph 21 of Schedule 8 to that Order, or

(ii) has his name included in the General Practitioner Register maintained by the General Medical Council pursuant to article 10(1) of that Order, and".

Rheoliadau'r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002 (The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002)
     9. Yn Rheoliadau'r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002[90] - 

(a) yn rheoliad 4(2) (cais i gynnwys enw yn y rhestr atodol) yn lle is-baragraff (d), rhodder - 


" (d) cymwysterau meddygol ac ym mhle y cafwyd hwy, a chopi o'r dystiolaeth sy'n cadarnhau bod y ceisydd - 


(i) yn ymarferydd cyffredinol cymwys yn unol â pharagraff 22 o Atodlen 8 i Orchymyn Ymarfer Meddygol Cyffredinol ac Arbenigol (Addysg, Hyfforddiant a Chymwysterau) 2003, os cafodd y cais ei wneud yn ystod y cyfnod trosiannol a nodir ym mharagraff 21 o Atodlen 8 i'r Gorchymyn hwnnw, neu

(ii) wedi cael cynnwys ei enw yn y Gofrestr o Ymarferwyr Cyffredinol a gedwir gan y Cyngor Meddygol Cyffredinol yn unol ag erthygl 10(1) o'r Gorchymyn hwnnw, ac";



(b) yn rheoliad 6(2) (rhesymau dros wrthod), yn lle is-baragraff (ch) rhodder - 



" (ch) os nad yw'n fodlon bod y meddyg - 


(i) yn ymarferydd cyffredinol cymwys yn unol â pharagraff 22 o Atodlen 8 i Orchymyn Ymarfer Meddygol Cyffredinol ac Arbenigol (Addysg, Hyfforddiant a Chymwysterau) 2003, os yw'r Awdurdod Iechyd neu'r Bwrdd Iechyd Lleol yn penderfynu'r cais yn ystod y cyfnod trosiannol a nodir ym mharagraff 21 o Atodlen 8 i'r Gorchymyn hwnnw, neu

(ii) wedi cael cynnwys ei enw yn y Gofrestr o Ymarferwyr Cyffredinol a gedwir gan y Cyngor Meddygol Cyffredinol yn unol ag erthygl 10(1) o'r Gorchymyn hwnnw, a".

[2] A table of provisions that have come into force is available from the Department of Health, Room 2N35a, Quarry House, Quarry Hill, Leeds, West Yorkshire LS2 7UE.back

[3] Section 29B was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 32(1); and amended by: the Health and Social Care Act 2001 (c. 15), section 15(1) and (2), and section 20(1) and (3); and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 5.back

[4] 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); the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); S.I. 1985/39, article 7(3); the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 8; and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 3.back

[5] Section 43D was inserted by the Health and Social Care Act 2001 (c. 15), section 24, and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 20.back

[6] Section 28C is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(1).back

[7] Section 8ZA was inserted by the Health and Social Care Act 2001(c. 15), section 26(2).back

[8] Section 28DA is to be inserted by the Health and Social Care Act 2001 (c. 15), section 26(1).back

[9] Section 19B is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 33(1).back

[10] Section 24B is to be inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(2).back

[11] Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2).back

[12] Section 17EA was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(1).back

[13] S.I. 1972/1265 (N.I. 14).back

[14] S.I. 1997/1177 (N.I. 7).back

[15] Article 15B is to be inserted by Article 21 of the Health Services (Primary Care) (Northern Ireland) Order 1997 (S.I. 1997/1177 (N.I. 7)).back

[16] 1984 c. 24.back

[17] 1990 c. 41.back

[18] 9 and 10 Geo 6 c. 36; as amended by the Government of Wales Act 1998 (c. 38).back

[19] 1989 c. 40.back

[20] S.I. 1990/593 (N.I. 5).back

[21] S.I. 2002/3135.back

[22] 1977 c. 49.back

[23] 1978 c. 29.back

[24] 1997 c. 46.back

[25] S.I. 1979/1644. These Regulations were revoked by S.I. 1997/2817.back

[26] S.I. 1980/30. These Regulations were revoked by S.I. 1998/5.back

[27] S.R. 1979 No. 460. These Rules were revoked by S.R. 1998 No.13.back

[28] S.I. 1979/1644. These Regulations were revoked by S.I. 1997/2817.back

[29] S.I. 1980/30. These Regulations were revoked by S.I. 1998/5.back

[30] S.R. 1979 No. 460. These Rules were revoked by S.R. 1998 No. 13.back

[31] O.J. No. L.165, 7.7.1993, p. 1. This Directive is a consolidation of the earlier Directives as indicated in Annex IV to the Directive, and was applied to EEA States other than members of the EC by Decision No. 7/94 of the EEA Joint Committee of 21 March 1994 (O.J. No. L 160, 28.6.94, p. 1).back

[32] These States are Austria, Finland, Iceland, Liechtenstein, Norway and Sweden.back

[33] O.J. No. C241, 29.8.84, p. 21. Norway did not ratify the Treaty.back

[34] O.J. No. L1, 1.1.1995, p. 1.back

[35] O.J. No. L291, 24.1.1997, p. 35.back

[36] O.J. No. L119, 22.4.98, p. 15.back

[37] O.J. No. L253, 15.9.98, p. 24.back

[38] O.J. No. L139, 2.6.99, p. 25.back

[39] O.J. No. L206, 31.7.2001, p. 1.back

[40] O.J. No. L 1, 3.1.1994, p. 3.back

[41] O.J. No. L 1, 3.1.1994, p. 572.back

[42] O.J. No. L74, 15.3.2001, p. 26.back

[43] O.J. No. L7, 11.1.2001, p. 9.back

[44] O.J. No. L266, 3.10.2002, p. 36. The Agreement has also been amended by other decisions which are not relevant to the Directive.back

[45] S.I. 1995/3208, relevant amendments to which were made by S.I. 1997/2928, 1999/1373 and 3154, and 2002/849.back

[46] 1983 c. 54; as amended by: the Medical (Professional Performance) Act 1995 (c. 51); the National Health Service (Primary Care) Act 1997 (c. 46); the National Health Service Reform and Health Care Professions Act 2002 (c. 17); and S.I. 1986/23, 1996/1591, 2000/1803, 2000/3041 and 2002/3135.back

[47] S.I. 1972/1265 (NI).back

[48] 1984 c. 24.back

[49] S.I. 1992/635.back

[50] S.I. 1995/416.back

[51] S.R. 1997 No. 380.back

[52] S.I. 1994/3130.back

[53] S.I. 1997/2817, relevant amendments to which were made by S.I. 1998/669.back

[54] S.R. 1998 No. 13.back

[55] S.I. 1998/5, relevant amendments to which were made by S.I. 1998/669 and S.I. 2000/23.back

[56] S.I. 1979/1644. Relevant amendments were made by S.I. 1980/1900, 1981/1790, 1984/215, 1985/1353, 1986/1642 and 1991/406.back

[57] S.R. 1979 No. 460. Relevant amendments were made by S.R. 1986 No. 69 and 1986 No. 309.back

[58] S.I. 1980/30. Relevant amendments were made by S.I. 1986/1657 and 1991/576.back

[59] S.I. 1992/635.back

[60] S.I. 1974/506. Relevant amendments were made by S.I. 1978/1762, 1985/1625 and 1989/1990.back

[61] S.R. 1997 No. 380.back

[62] Section 29B was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 32(1); and amended by: the Health and Social Care Act 2001 (c. 15), section 15(1) and (2), and section 20(1) and (3); and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 5.back

[63] 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); the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); S.I. 1985/39, article 7(3); the Health Authorities Act 1995 (c. 17), Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46), Schedule 2, paragraph 8; and the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 3.back

[64] Section 43D was inserted by the Health and Social Care Act 2001 (c. 15), section 24, and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17), section 2(5) and Schedule 2, paragraphs 1 and 20.back

[65] Section 28C is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(1).back

[66] Section 8ZA was inserted by the Health and Social Care Act 2001 (c. 15), section 26(2).back

[67] Section 28DA is to be inserted by the Health and Social Care Act 2001 (c. 15), section 26(1).back

[68] Section 19B is to be inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 33(1).back

[69] Section 24B is to be inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(2).back

[70] Section 17C was inserted by the National Health Service (Primary Care) Act 1997 (c. 46), section 21(2).back

[71] Section 17EA was inserted by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18(1).back

[72] S.I. 1972/1265 (N.I. 14).back

[73] S.I. 1997/1177 (N.I. 7).back

[74] Article 15B is to be inserted by article 21 of the Health Services (Primary Care) (Northern Ireland) Order 1997 (S.I. 1997/1177 (N.I. 7)).back

[75] S.I. 2002/3135.back

[76] 1976 c. 74, to which relevant amendments were made by S.I. 2001/3457.back

[77] 1978 c. 29, to which relevant amendments were made by: the National Health Service (Primary Care) Act 1997, section 22(2) (insofar as it relates to personal medical services, section 22(2) is in force, but it is not yet in force in relation to personal dental services); and by the Community Care and Health (Scotland) Act 2002 (asp 5), section 18.back

[78] S.I. 1978/1907 (N.I.26).back

[79] 1983 c. 54; section 21A was inserted by S.I. 2002/3135.back

[80] Section 22(2) of the National Health Service (Primary Care) Act 1997 that inserts section 17E into the National Health Service (Scotland) Act 1978 has been commenced insofar as it relates to personal medical services but not in relation to personal dental services.back

[81] S.I. 1997/1177 (N.I.7).back

[82] S.I. 1992/635, relevant amendments to which were made by S.I. 1998/2838, 2001/3742 and 2003/26.back

[83] S.I. 1998/1664, relevant amendments to which were made by S.I. 2000/3040.back

[84] S.I. 1996/701.back

[85] S.I.1996/1313.back

[86] S.I. 1998/646, relevant amendments to which were made by S.I. 2002/543.back

[87] S.I. 1999/1319.back

[88] S.I. 2001/3740, relevant amendments to which were made by S.I. 2002/848.back

[89] S.I. 2002/1882(W.191), relevant amendments to which were made by S.I. 2002/2802 (W.270).back

[90] O.S. 2002/1882 (Cy. 191), y gwnaed diwygiadau perthnasol iddo gan O.S. 2002/2802 (Cy. 270).back