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United Kingdom Statutory Instruments
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STATUTORY INSTRUMENTS

2006 No. 1914

HEALTH CARE AND ASSOCIATED PROFESSIONS

DOCTORS

OPTICIANS

NURSES AND MIDWIVES

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

  Made 19th July 2006 
  Coming into force in accordance with article 1(2) and (3)


CONTENTS

1. Citation, commencement, extent and interpretation
2. Amendment of the Medical Act 1983

PART 1

Renaming of Registration Decisions Panels
3. Amendment of sections 1 and 29A of, and Schedule 1 to, the Act

PART 2

Abolition of limited registration etc.
4. Amendment of section 2 of the Act
5. Repeal of sections 22 to 25 of the Act
6. First article amending section 26 of the Act
7. Amendment of section 29B of the Act
8. First article amending section 30 of the Act
9. First article amending section 31 of the Act
10. First article amending section 32 of the Act
11. Amendment of section 34 of the Act
12. First article amending section 35A of the Act
13. Amendment of section 35C of the Act
14. First article amending section 41A of the Act
15. First article amending section 55 of the Act
16. Second article amending Schedule 1 to the Act
17. First article amending Schedule 3 to the Act
18. First article amending Schedule 3A to the Act
19. Amendment of Schedule 6 to the Act

PART 3

Programmes for provisionally registered doctors, education functions and connected matters
20. First article amending section 3 of the Act
21. Amendment of section 5 of the Act
22. Amendment of section 8 of the Act
23. Repeal of sections 10 to 13 of the Act
24. New section 10A of the Act
25. Amendment of section 14 of the Act
26. Substitution of section 15 of the Act
27. First article amending section 19 of the Act
28. Amendment of section 21 of the Act
29. Second article amending section 30 of the Act
30. Second article amending section 31 of the Act
31. First article amending section 50 of the Act
32. Amendment of section 51 of the Act
33. Second article amending section 55 of the Act
34. Third article amending Schedule 1 to the Act

PART 4

New arrangements for registration of persons qualifying outside the European mutual recognition area
35. New sections 21B and 21C of the Act replacing section 21A of the Act
36. Second article amending section 26 of the Act
37. New sections 27A and 27B of the Act replacing section 27 of the Act
38. Third article amending section 30 of the Act
39. Third article amending section 31 of the Act
40. First article amending section 41 of the Act
41. Third article amending section 55 of the Act
42. Fourth article amending Schedule 1 to the Act
43. Second article amending Schedule 3 to the Act
44. Second article amending Schedule 3A to the Act

PART 5

Fitness to practise matters in connection with registration
45. Second article amending section 3 of the Act
46. Amendment of section 15A of the Act
47. Second article amending section 19 of the Act
48. Fourth article amending section 31 of the Act
49. First article amending section 40 of the Act
50. Second article amending section 41 of the Act
51. New section 44B of the Act replacing section 44A of the Act
52. Amendment of section 45 of the Act
53. Third article amending Schedule 3 to the Act
54. Third article amending Schedule 3A to the Act

PART 6

Changes in relation to fitness to practise procedures
55. Second article amending section 35A of the Act
56. Amendment of section 35B of the Act
57. First article amending Schedule 4 to the Act

PART 7

Provisions that continue to apply during suspension of registration
58. Amendment of section 35E of the Act
59. Second article amending section 41A of the Act

PART 8

Fraud or error in relation to registration etc.
60. Substitution of section 39 of the Act
61. Second article amending section 40 of the Act
62. Fifth article amending Schedule 1 to the Act
63. Fourth article amending Schedule 3A to the Act
64. Second article amending Schedule 4 to the Act

PART 9

Miscellaneous amendments in connection with revalidation
65. Second article amending section 29A of the Act
66. Amendment of section 29E of the Act
67. Amendment of Schedule 3B to the Act

PART 10

Indemnity arrangements
68. Amendment of section 29F of the Act
69. New section 44C of the Act

PART 11

Approved practice settings
70. New section 44D of the Act
71. Fifth article amending Schedule 3A to the Act

PART 12

Miscellaneous amendments in connection with fees
72. Second article amending section 32 of the Act
73. Amendment of section 46 of the Act
74. Second article amending section 50 of the Act

PART 13

Consequential amendments to other primary legislation
75. Amendment of the Value Added Tax Act 1994

PART 14

Consequential amendments to secondary legislation
76. Amendment of the Road Vehicles Lighting Regulations 1989
77. Amendment of the National Health Service (Performers Lists) Regulations 2004
78. Amendment of the National Health Service (Performers Lists) (Wales) Regulations 2004
79. Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
80. Revocation of spent provisions

PART 15

Amendment of the Opticians Act 1989
81. Amendment of the Opticians Act 1989

PART 16

Amendment of the Nursing and Midwifery Order 2001 etc.
82. Amendment of the Nursing and Midwifery Order 2001 and consequential amendments to the Nursing and Midwifery Council (Election Scheme) Rules 2005

PART 17

Transitional, transitory and saving provisions
83. Interpretation of this Part
84. Transfer of names from the register of medical practitioners with limited registration to the register of medical practitioners
85. Outstanding applications for entry into the register of medical practitioners with limited registration
86. Arrangements for registration of persons with overseas qualifications pending the introduction of programmes for provisionally registered doctors
87. Visiting eminent specialists
88. Indemnity arrangements
89. Recognition of approved practice settings pending the introduction of revalidation
90. Obtaining information to facilitate revalidation in anticipation of the introduction of revalidation
91. Legal assessors rules
92. Other transitional provisions etc.

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

Present,

The Queen's Most Excellent Majesty in Council

This Order in Council is made in exercise of the powers conferred by sections 60 and 62(4) of the Health Act 1999[1].

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

     The period of three months mentioned in paragraph 9(2) of that Schedule expired before a draft of this Order in Council was laid before Parliament.

     A draft of this Order in Council has been approved by resolution of each House of Parliament in accordance with section 62(9) of that Act.

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

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

    (2) As regards commencement—

    (3) Different days may be specified under paragraph (2)(c) for different purposes, and any day so specified shall be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.

    (4) Subject to paragraph (5), this Order shall extend to England and Wales, Scotland and Northern Ireland.

    (5) The extent of any amendment of any enactment or instrument in Part 14 is the same as that of the enactment or instrument amended.

    (6) In this Order, "the Act" means the Medical Act 1983[2].

Amendment of the Medical Act 1983
     2. The Act shall be amended in accordance with the provisions of Parts 1 to 12.



PART 1

Renaming of Registration Decisions Panels

Amendment of sections 1 and 29A of, and Schedule 1 to, the Act
     3. —(1) In the following provisions—

for "Registration Decisions Panels" substitute "Registration Panels".

    (2) In the following provisions—

for "Registration Decisions Panel" substitute Registration Panel“.



PART 2

Abolition of limited registration etc.

Amendment of section 2 of the Act
     4. In section 2[7] (registration of medical practitioners)—

Repeal of sections 22 to 25 of the Act
     5. Omit sections 22[8] (limited registration of persons by virtue of overseas qualifications), 23 (limited registration: supplementary provisions), 24 (limited registration: erasure) and 25[9] (full registration of persons with limited registration).

First article amending section 26 of the Act
     6. In section 26[10] (registration of qualifications), omit subsection (2).

Amendment of section 29B of the Act
     7. In subsection (1)(a) of section 29B[11] (grant, refusal and withdrawal of licence), for "either full registration or limited registration" substitute "full registration".

First article amending section 30 of the Act
     8. In section 30[12] (which contains general provisions relating to the register)—

First article amending section 31 of the Act
     9. In section 31[13] (which relates to the making of regulations with respect to the register)—

First article amending section 32 of the Act
     10. In section 32[14] (registration fees), omit subsection (6).

Amendment of section 34 of the Act
     11. —(1) In subsection (1) of section 34[15] (which relates to publication of the register), for the words from "appear in" to the end of the subsection substitute "appear in the register".

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

First article amending section 35A of the Act
     12. In subsection (8) of section 35A[16] (General Council's power to require disclosure of information), for "fully registered person, a provisionally registered person or a person registered with limited registration" substitute "fully registered person or a provisionally registered person".

Amendment of section 35C of the Act
     13. In subsection (1) of section 35C[17] (functions of the Investigation Committee), for paragraphs (a) to (c) substitute the following paragraphs—

First article amending section 41A of the Act
     14. In subsection (13) of section 41A[18] (interim orders), omit "and to a person registered with limited registration".

First article amending section 55 of the Act
     15. In subsection (1) of section 55[19] (interpretation)—

Second article amending Schedule 1 to the Act
     16. In Schedule 1[20] (constitution of the General Medical Council)—

First article amending Schedule 3 to the Act
     17. In Schedule 3[21] (registration: supplementary provisions)—

First article amending Schedule 3A to the Act
     18. In paragraph 2(1) of Schedule 3A[22] (registration appeals)—

Amendment of Schedule 6 to the Act
     19. Omit paragraph 23 of Schedule 6[23] (transitional and saving provisions).



PART 3

Programmes for provisionally registered doctors, education functions and connected matters

First article amending section 3 of the Act
     20. In subsection (1) of section 3[24] (registration by virtue of primary United Kingdom or primary European qualifications), for paragraph (a) substitute the following paragraph—

Amendment of section 5 of the Act
     21. In section 5[25] (general functions of the Education Committee in relation to medical education in the United Kingdom)—

Amendment of section 8 of the Act
     22. In subsection (1) of section 8 (power to add further qualifying examinations), for "any university or combination of universities" substitute "any university or other body, or any combination of bodies (including universities),".

Repeal of sections 10 to 13 of the Act
     23. Omit section 10[26] (experience required for full registration by virtue of primary United Kingdom qualifications), section 11[27] (provisions supplementary to section 10, etc.), section 12[28] (special provisions as to employment in health centres) and section 13[29] (power to appoint visitors of approved hospitals).

New section 10A of the Act
     24. After section 9, insert the following section—

Amendment of section 14 of the Act
     25. For subsection (1) of section 14 (alternative requirements as to experience in certain cases) substitute the following subsection—

Substitution of section 15 of the Act
     26. For section 15[30] (provisional registration) substitute the following section—

First article amending section 19 of the Act
     27. In section 19[31] (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.)—

Amendment of section 21 of the Act
     28. In section 21[32] (which relates to provisional registration)—

and in the heading of section 21, after "provisional registration" add "of EEA nationals etc. with certain overseas qualifications".

Second article amending section 30 of the Act
     29. In subsection (4) of section 30 (which contains general provisions relating to the register) after "who have died," insert "or who have been provisionally registered for longer than the period prescribed in respect of them,".

Second article amending section 31 of the Act
     30. In section 31 (which relates to the making of regulations with respect to the register)—

First article amending section 50 of the Act
     31. In subsection (1)(b) of section 50[33] (default powers of Privy Council), for "10, 11, 12, 13 or" substitute "10A or".

Amendment of section 51 of the Act
     32. For subsection (3) of section 51(exercise of powers to make Orders in Council and other orders), substitute the following subsection—

Second article amending section 55 of the Act
     33. In subsection (1) of section 55 (interpretation)—

Third article amending Schedule 1 to the Act
     34. In paragraph 25(3) of Schedule 1[34] (constitution of the General Medical Council), for "or 13(1)" substitute "or 10A(6)".



PART 4

New arrangements for registration of persons qualifying outside the European mutual recognition area

New sections 21B and 21C of the Act replacing section 21A of the Act
     35. —(1) Omit section 21A[35] (full registration for eligible specialists and qualified general practitioners).

    (2) After section 21, insert the following sections—

Second article amending section 26 of the Act
     36. In section 26[36] (registration of qualifications), in subsection (1), for "21 or 21A" substitute "21, 21B or 21C".

New sections 27A and 27B of the Act replacing section 27 of the Act
     37. —(1) Omit section 27[37] (temporary full registration for visiting overseas specialists).

    (2) After section 26, insert the following sections—

Third article amending section 30 of the Act
     38. In subsection (1) of section 30[38] (which contains general provisions relating to the register)—

Third article amending section 31 of the Act
     39. In subsection (4) of section 31[39] (which relates to the making of regulations with respect to the register), after "section 21" insert "or 21C".

First article amending section 41 of the Act
     40. In subsection (4) of section 41[40] (restoration of names to the register), for "15A or 21" in both places where it occurs, substitute "15A, 21 or 21C".

Third article amending section 55 of the Act
     41. In subsection (1) of section 55[41] (interpretation)—

Fourth article amending Schedule 1 to the Act
     42. In paragraph 11 of Schedule 1[42] (constitution of the General Medical Council), for "21A or 22" substitute "21B or 21C".

Second article amending Schedule 3 to the Act
     43. In paragraph 5(2) of Schedule 3[43] (registration: supplementary provisions), for "21A, 22 and 25 or 27" substitute "21B, 21C, 27A or 27B".

Second article amending Schedule 3A to the Act
     44. In Schedule 3A[44] (registration appeals)—



PART 5

Fitness to practise matters in connection with registration

Second article amending section 3 of the Act
     45. In subsection (1) of section 3[45] (registration by virtue of primary United Kingdom or primary European Qualifications), after "any person" insert "whose fitness to practise is not impaired and".

Amendment of section 15A of the Act
     46. At the end of subsection (2) of section 15A[46] (provisional registration for EEA nationals), add "if his fitness to practise is not impaired".

Second article amending section 19 of the Act
     47. In section 19[47] (full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.), in subsection (1), for paragraph (c) substitute the following paragraph—

Fourth article amending section 31 of the Act
     48. In subsection (9)(a) of section 31[48] (which relates to the making of regulations with respect to the register), for "good character" substitute "fitness to practise".

First article amending section 40 of the Act
     49. In section 40[49] (appeals)—

Second article amending section 41 of the Act
     50. In subsection (1) of section 41[50] (restoration of names to the register), after "section 35D above," insert "or section 44B(4)(b) below,".

New section 44B of the Act replacing section 44A of the Act
     51. —(1) Omit section 44A[51] (effect of disqualification or conviction on registration).

    (2) After section 44, insert the following section—

Amendment of section 45 of the Act
     52. In subsection (5) of section 45[53] (disciplinary provisions affecting practitioners who render services while visiting the United Kingdom), for "one or more of his good character, professional competence and health" substitute "his fitness to practise".

Third article amending Schedule 3 to the Act
     53. In paragraph 3 of Schedule 3[54] (registration: supplementary provisions), omit sub-paragraph (3).

Third article amending Schedule 3A to the Act
     54. In paragraph 2(1) of Schedule 3A[55] (registration appeals), for paragraph (o) substitute the following paragraph—



PART 6

Changes in relation to fitness to practise procedures

Second article amending section 35A of the Act
     55. After subsection (6) of section 35A[56] (General Council's power to require disclosure of information) insert the following subsections—

Amendment of section 35B of the Act
     56. In section 35B[57] (notification and disclosure by the General Council), for subsection (2) substitute the following subsections—

First article amending Schedule 4 to the Act
     57. —(1) In paragraph 1 of Schedule 4[58] (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels)—

    (2) Omit paragraph 6 of Schedule 4.

    (3) In paragraph 7 of Schedule 4—



PART 7

Provisions that continue to apply during suspension of registration

Amendment of section 35E of the Act
     58. In subsection (3) of section 35E[59] (provisions supplementary to section 35D), for paragraph (b) substitute the following paragraph—

Second article amending section 41A of the Act
     59. In subsection (12) of section 41A[60] (interim orders), for "35C to 35E" substitute "31A, 35C to 35E and 39".



PART 8

Fraud or error in relation to registration etc.

Substitution of section 39 of the Act
     60. For section 39[61] (fraud or error in relation to registration) substitute the following section—

Second article amending section 40 of the Act
     61. In section 40[62] (appeals), omit subsections (2) and (6).

Fifth article amending Schedule 1 to the Act
     62. In Schedule 1[63] (constitution of the General Medical Council)—

Fourth article amending Schedule 3A to the Act
     63. In Schedule 3A[64] (registration appeals)—

Second article amending Schedule 4 to the Act
     64. In paragraph 10(1) of Schedule 4 (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels)—



PART 9

Miscellaneous amendments in connection with revalidation

Second article amending section 29A of the Act
     65. In section 29A[65] (regulations as to licence to practise and revalidation), in subsection (4)(d), after "licence to practise" add "whenever a licensing authority sees fit to do so".

Amendment of section 29E of the Act
     66. In section 29E[66], after subsection (2) insert the following subsection—

Amendment of Schedule 3B to the Act
     67. In paragraph 3(2)(d) of Schedule 3B[67] (licence to practise and revalidation: appeals), omit "if the medical practitioner to whom the proceedings relate so requests".



PART 10

Indemnity arrangements

Amendment of section 29F of the Act
     68. In section 29F[68] (appeals)—

New section 44C of the Act
     69. After section 44B, inserted by article 51, insert the following section—



PART 11

Approved practice settings

New section 44D of the Act
     70. After section 44C, inserted by article 69, insert the following section—

Fifth article amending Schedule 3A to the Act
     71. In paragraph 2(1) of Schedule 3A[69] (registration appeals), after paragraph (o), insert the following paragraph—



PART 12

Miscellaneous amendments in connection with fees

Second article amending section 32 of the Act
     72. In section 32[70] (registration fees)—

Amendment of section 46 of the Act
     73. In section 46[71] (recovery of fees)—

Second article amending section 50 of the Act
     74. In subsection (1)(b) of section 50[73] (default powers of the Privy Council), for "32(1) to (3) or (7) to (9)" substitute "32(1) to (3), (7) or (9)".



PART 13

Consequential amendments to other primary legislation

Amendment of the Value Added Tax Act 1994
     75. —(1) In Part 2 of Schedule 8 to the Value Added Tax Act 1994[74] (zero-rating – the groups), in Group 12 (drugs, medicines, aids for the handicapped)—

    (2) In Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions – the groups), in Group 7 (health and welfare)—



PART 14

Consequential amendments to secondary legislation

Amendment of the Road Vehicles Lighting Regulations 1989
     76. In the Road Vehicles Lighting Regulations 1989[78]—

Amendment of the National Health Service (Performers Lists) Regulations 2004
     77. In paragraph (1) of regulation 23 of the National Health Service (Performers Lists) Regulations 2004[79] (application for inclusion in a medical performers list)—

Amendment of the National Health Service (Performers Lists) (Wales) Regulations 2004
     78. In paragraph (1) of regulation 23 of the National Health Service (Performers Lists) (Wales) Regulations 2004[80] (application for inclusion in a medical performers list)—

Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004
     79. In the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004[81]—

Revocation of spent provisions
     80. The following provisions are hereby revoked—



PART 15

Amendment of the Opticians Act 1989

Amendment of the Opticians Act 1989
     81. In section 1 of the Opticians Act 1989[86] (constitution and functions of the Council), after subsection (2) insert the following subsection—



PART 16

Amendment of the Nursing and Midwifery Order 2001 etc.

Amendment of the Nursing and Midwifery Order 2001 and consequential amendments to the Nursing and Midwifery Council (Election Scheme) Rules 2005
     82. —(1) In the Nursing and Midwifery Order 2001[87]—

    (2) In the Rules in the Schedule to the Nursing and Midwifery Council (Election Scheme) Rules Order of Council 2005[88]—



PART 17

Transitional, transitory and saving provisions

Interpretation of this Part
     83. In this Part—

and other expressions used in this Part and in the Act have the meanings they bear in the Act.

Transfer of names from the register of medical practitioners with limited registration to the register of medical practitioners
     84. —(1) Subject to paragraph (2), if immediately before article 4 comes into force a person's name is included in the register of medical practitioners with limited registration, he shall be registered in the principal list of the register of medical practitioners with effect from the day on which article 4 comes into force—

    (2) If, immediately before article 4 comes into force, a person's name is included in the register of medical practitioners with limited registration but his registration is suspended (whether temporarily or indefinitely) or he is the subject of proceedings which, but for the closure of the register of medical practitioners with limited registration, could have led to the erasure of his name from or his suspension from that register, the Registrar—

    (3) Where a person's name has been erased from the register of medical practitioners with limited registration (or is due to be erased, pending the outcome of an appeal)—

    (4) Where a person is registered in the register of medical practitioners by virtue of this article—

    (5) Where a condition that relates to a fitness to practice matter is imposed by virtue of paragraph (4)(a), that condition is to be considered a condition imposed by virtue of a direction for conditional registration given by a Fitness to Practise Panel under section 35D of the Act, except that—

Outstanding applications for entry into the register of medical practitioners with limited registration
     85. If on the day article 4 comes into force there is an outstanding application for a person's name to be entered in the register of medical practitioners with limited registration, that application shall be treated as if it were an application under section 21B or, where appropriate, 21C of the Act.

Arrangements for registration of persons with overseas qualifications pending the introduction of programmes for provisionally registered doctors
     86. If on the day article 35 comes into force article 24 is not yet in force, pending the coming into force of article 24, section 21C of the Act shall apply as if—

Visiting eminent specialists
     87. —(1) If, immediately before article 37 comes into force, a person is registered under section 27 of the Act, then on and after the coming into force of article 37, that person shall be treated as registered under either section 27A or 27B of the Act, whichever the Registrar shall determine, until the expiration of the period that was specified in the direction in respect of him under section 27(1) of the Act.

    (2) For the purposes of section 27A(4) of the Act, any period of registration under section 27 of the Act that began before article 37 came into force shall be discounted.

Indemnity arrangements
     88. —(1) If on the day article 69 comes into force article 65 is not yet in force, pending the coming into force of article 65, in section 44C of the Act—

    (2) Where a decision is taken under—

that decision is an appealable registration decision for the purposes of Schedule 3A to the Act, and "appealable registration decision" in that Schedule shall be construed accordingly.

    (3) For the purposes of making provision with respect to the restoration to the register of medical practitioners whose names have been erased from it by virtue of section 44C(8) of the Act, as modified by paragraph (1)(f), section 31(8) of the Act shall apply as if after "section 30(5) above" there were inserted "or section 44C(8) below, as modified by article 88(1)(f) of the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006,".

Recognition of approved practice settings pending the introduction of revalidation
     89. —(1) If on the day article 70 comes into force article 65 is not yet in force, pending the coming into force of article 65, in section 44D of the Act—

    (2) Where—

as regards that person, section 44D of the Act shall continue to apply as modified by paragraph (1).

Obtaining information to facilitate revalidation in anticipation of the introduction of revalidation
     90. —(1) For the purposes of assisting the General Council, any licensing authority or any future licensing authority in preparing for the introduction of revalidation under Part 3A of the Act, a person authorised by the General Council may require any person who, in his opinion, is able to supply information or produce any document which appears relevant to assisting a licensing authority or future licensing authority in determining when and how to revalidate a medical practitioner to supply such information or produce such a document (whether the information or document relates to that person or to a third party).

    (2) Nothing in paragraph (1) shall require or permit any disclosure of information which is prohibited by or under any other enactment, but where that prohibition arises because the information is in a form which allows for the identification of an individual, the person authorised by the General Council may require that information to be put in a form which does not allow for the identification of that individual.

    (3) In determining for the purposes of paragraph (2) whether a disclosure of personal data is prohibited, it shall be assumed, for the purposes of section 35(1) of the Data Protection Act 1998[89] (disclosures required by law or made in connection with legal proceedings etc.), that disclosure of the personal data is required by paragraph (1).

    (4) If a person fails to supply any information or produce any document within 14 days beginning with the date of his being required to do so under paragraph (1), the General Council may seek an order of the relevant court requiring the information to be supplied or the document to be produced.

    (5) For the purposes of this article, the "relevant court" means—

Legal assessors rules
     91. Any rules made under paragraph 7 of Schedule 4 to the Act, as in force before the coming into force of article 57(3), which came into force before the coming into force of article 57(3)—

Other transitional provisions etc.
     92. —(1) The Privy Council may by order make such further transitional, transitory or saving provisions as it considers appropriate.

    (2) The power to make an order under paragraph (1) above is exercisable by statutory instrument, and—

    (3) The power vested in the Privy Council to make an order under paragraph (1) above may be exercised by any two or more members of the Council.


A.K.Galloway
Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes miscellaneous amendments to the Medical Act 1983 ("the Act") and consequential changes to other legislation. It also includes unconnected amendments to the Opticians Act 1989 and the Nursing and Midwifery Order 2001.

Registration Decisions Panels of the General Medical Council ("GMC") are renamed "Registration Panels" (Part 1).

The register of medical practitioners with limited registration, kept by the GMC, is abolished, and as a consequence the GMC will now only keep one register ("the GMC register"). Medical practitioners will no longer be able to apply for limited registration, but those on the register of medical practitioners with limited registration prior to the abolition of that register will transfer to the GMC register, with certain exceptions, but will initially have to work in an approved practice setting. Outstanding applications for limited registration will be dealt with as applications for provisional or full registration (Part 2 and articles 75 to 78, 79(b) and 83 to 85).

The training requirements for newly qualified medical practitioners with provisional registration have been revised. Under the new arrangements, medical practitioners with provisional registration who are in training in the United Kingdom are required to complete a programme for provisionally registered doctors ("PPRD"), recognised by the Education Committee of the GMC, before they can become fully registered medical practitioners. The requirements of PPRDs will be determined by the Education Committee (although the Privy Council may set limits on the duration of PPRDs), and the Education Committee will also be responsible for determining which bodies may be involved in PPRDs – and for the arrangements for monitoring those bodies. PPRDs will be open to all provisionally registered doctors, including those who have qualified overseas. In addition, the GMC is given powers to limit, by regulations, the length of time for which medical practitioners may be provisionally registered. Also, it will become possible for bodies other than universities to hold qualifying examinations, where the Education Committee recommends this and the Privy Council makes the necessary Order (Part 3).

The arrangements for the registration of medical practitioners who have qualified outside the European Economic Area or Switzerland have been revised. Previously, except in the case of certain specialists and qualified general practitioners, and in the case of practitioners who were registering under the arrangements for temporary registration, such practitioners were given limited registration, but now they are to be given full registration, provided that they have an acceptable overseas qualification and have demonstrated that they have the requisite knowledge, skills and experience. If the Registrar determines that the medical practitioner does not yet have the requisite knowledge, skills and experience, but has sufficient knowledge and skills to embark upon a PPRD (or, transitionally, to be employed as a house doctor), the Registrar may provisionally register the medical practitioner to enable him to participate in a PPRD (or, transitionally, to be employed as a house doctor). There are separate arrangements for those only needing temporary registration, which again have been fully revised. A new category of temporary registration is also created for overseas practitioners who will be employed or engaged within the United Kingdom to provide particular medical services for persons who are not nationals of the United Kingdom. The registration of these practitioners is conditional upon them only providing particular medical services at particular establishments, and only providing those services to patients who are not nationals of the United Kingdom, except in an emergency. Visiting eminent specialists will also have their own separate registration arrangements (Part 4 and articles 79(a), 86 and 87).

Entitlement to registration under any provision of the Act is now conditional upon the applicant's fitness to practise not being impaired. The Registrar is given new, extended powers to obtain information about whether a medical practitioner's fitness to practise is, or was, impaired at the time of registration – and he may remove medical practitioners from the GMC register (subject to rights of appeal) either if new information comes to light showing that their fitness to practise was impaired at the time of registration but this was not disclosed at the time or if a practitioner refuses to co-operate with the new information gathering arrangements. Decisions to refuse to restore a person to the register for a fitness to practise reason, if they left it voluntarily or for non-payment of fees, are now appealable through the courts (Part 5).

There are also changes to the fitness to practise procedures for medical practitioners post registration. The GMC are given powers to apply to a court to require production of documents from third parties relating to fitness to practise investigations, where these have not been supplied within fourteen days. It is also made clear that the GMC have the power to disclose information relating to a medical practitioner's fitness to practise, whenever or wherever the matter to which it relates arose, where they see it as being in the public interest to do so, and to take decisions to disclose particular classes of information. A list is also provided of the decisions of panels and committees that have to be published, although the GMC is given powers to withhold, in the course of publication of these decisions, information concerning a person's physical or mental health, where they consider the information to be confidential. Allowance is made for the possibility that a medical practitioner will concede, during an investigation into his fitness to practise, that his fitness to practise is impaired – and in these circumstances, the GMC may make rules in respect of the agreement of undertakings to be observed by the practitioner, and in respect of the procedure to be followed where such undertakings are breached. Fitness to practise hearings are to be in public, except to the extent that rules made by the GMC provide otherwise. There is also a change to the arrangements for the making of legal assessors rules (Part 6 and article 91).

If a person's registration has been suspended, the provisions of the Act relating to voluntary erasure from the GMC Register, and those relating to fraudulent or incorrect entry, will now apply to him (Part 7). Furthermore, the provisions of the Act relating to fraudulent or incorrect entry are amended so that cases covered by these provisions are dealt with by the Registrar rather than the GMC, with rights of appeal to Registration Appeals Panels (Part 8).

There are also changes to ensure that revalidation of a medical practitioner's licence to practise can take place at any time, and to allow the GMC to make regulations about requiring medical practitioners to supply information to assist licensing authorities in determining when and how to revalidate them. There are also transitory arrangements enabling the GMC, a licensing authority or a future licensing authority to obtain information to assist them in preparing for the introduction of revalidation. Additionally, licence to practise appeals will have to be held in public, except to the extent that rules provide otherwise (Part 9 and article 90).

There is a new requirement on all medical practitioners who hold a licence to practise that they are covered by an adequate and appropriate indemnity arrangement, such as a policy of insurance. There are new information gathering powers relating to this requirement, and applicants for licences to practise who cannot demonstrate that they will have adequate cover may be refused a licence to practise. Medical practitioners may face disciplinary proceedings or withdrawal of their licence to practise if they breach either the notification requirements relating to the new requirement or the requirement itself. Provision is made for appeals and in respect of restoration of those who are subject to erasure. There are transitional arrangements if the new requirement is brought into force before the introduction of licences to practise, so that the requirement will instead temporarily apply to all registered doctors (Part 10 and article 88).

All medical practitioners who are newly fully registered, newly restored to the register or transferred from the register of medical practitioners with limited registration (except those with rights of establishment under European Community Law or where the GMC directs otherwise) will have to work in an approved practice setting until the first revalidation of their fitness to practise by the GMC. There are transitional arrangements to cover what will happen if the revalidation arrangements are brought into force after the provisions relating to approved practice settings come into force. Medical practitioners who are newly fully registered or newly restored and who are exempt from this requirement may be given guidance by the GMC on suitable practice settings for them (Part 11 and article 89).

There are miscellaneous amendments in connection with fees. If medical practitioners wish to remain registered, they are required to pay a retention fee, and the regulation-making power in respect of setting the fee is amended so that it need not necessarily fall due on the anniversary of first registration. In addition, the Privy Council is no longer required to approve fees regulations. Also, the limitations under the Act on persons other than registered medical practitioners being entitled to recover charges through the courts for certain medical services are amended so as not to prohibit recovery of charges by other specified providers of such services (Part 12).

There is also a change to the Opticians Act 1989, which provides that the main objective of the General Optical Council, in exercising their functions that affect the health and safety of members of the public, is to protect, promote and maintain the public's health and safety (Part 15). The Nursing and Midwifery Order 2001, and the related election scheme rules, are amended: firstly, so that the Nursing and Midwifery Council no longer needs to prescribe criteria for assigning overseas electors to a particular national constituency (electors must instead make the selection themselves); and secondly, so that the terms of office of alternate members of the Council expire at the same time as those of their registrant counterparts (Part 16).

A number of spent provisions have been revoked (article 80), and the Privy Council is empowered to make such further transitional, transitory or saving provisions as it considers appropriate (article 92).

A regulatory impact assessment of the effect that this instrument will have on the costs of business is available from the Department of Health, Quarry House, Quarry Hill, Leeds LS2 7UE. Copies of the assessment have been placed in the libraries of both Houses of Parliament.

Notes:

 [1] 1999 c.8. Section 62(4) applies section 126(4) and (5) of the National Health Service Act 1977 (c.49) in relation to powers to make Orders in Council conferred by the Health Act 1999. See therefore that section 126(4) and (5) (which have been amended by: the National Health Service and Community Care Act 1990 (c.19), section 65(2); the Health and Social Care Act 2001 (c.15), Schedule 5, paragraph 13(b) and (d); the National Health Service Reform and Health Care Professions Act 2002 (c.17), Schedule 8, paragraph 10(a); and the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 11, paragraphs 7 and 38, and Schedule 14, Part 4), which contain powers which are relevant to the powers being exercised in the making of this Order.back

[2] 1983 c.54.back

[3] Section 1(3) was substituted by S.I. 2002/3135.back

[4] Paragraph 19B was inserted by S.I. 2002/3135.back

[5] Section 29A was inserted by S.I. 2002/3135.back

[6] There have been the following relevant amendments to Schedule 1: paragraph 19B was inserted by S.I. 2002/3135; and paragraph 23 was substituted by the Medical (Professional Performance) Act 1995 (c.51), the Schedule, paragraph 13, and amended by S.I. 2000/1083.back

[7] Section 2 has been amended by S.I. 1996/1591 and 2002/3135.back

[8] Section 22 was amended by S.I. 2002/3135.back

[9] Section 25 was amended by S.I. 2002/3135.back

[10] Amendments were made to section 26(2) by S.I. 2002/3135.back

[11] Section 29B was inserted by S.I. 2002/3135.back

[12] Relevant amendments were made to section 30 by S.I. 1996/1591, 2000/3041 and 2002/3135.back

[13] Section 31(8) has been amended by S.I. 2002/3135.back

[14] There have been no amendments to section 32(6).back

[15] Section 34 was substituted by S.I. 2002/3135.back

[16] Section 35A was originally inserted by S.I. 2000/1083 and was substituted by S.I. 2002/3135.back

[17] Section 35C was originally inserted by S.I. 2000/1083 and was substituted by S.I. 2002/3135.back

[18] Section 41A was originally inserted by S.I. 2000/1083 and was substituted by S.I. 2000/3135.back

[19] Section 55(1) was numbered as such by S.I. 1996/1591 and was amended by S.I. 1996/1591, 2000/3041 and 2002/3135.back

[20] Paragraph 2 of Schedule 1 was amended by S.I. 2002/3135 and paragraph 3 was amended by S.I. 2002/3135.back

[21] Paragraph 5 of Schedule 3 was amended by S.I. 1996/1591, 2000/3041 and 2002/3135.back

[22] Schedule 3A was inserted by S.I. 2002/3135.back

[23] There are no relevant amendments.back

[24] Section 3(1) was substituted by S.I. 1996/1591.back

[25] Relevant amendments have been made to section 5 by S.I. 1996/1591, 2003/3148 and 2004/1947.back

[26] Section 10 was amended by the National Health Service (Primary Care) Act 1997 (c.46), section 35(2), and by S.I. 2002/3135.back

[27] Section 11 was amended by: the National Health Service (Primary Care) Act 1997, section 35(3) to (7), and Schedule 2, paragraph 61(2); the Health and Social Care (Community Health and Standards) Act 2003 (c.43), Schedule 11, paragraph 48, and Schedule 14, Part 4; and S.I. 2004/957 and 3038.back

[28] Section 12 was amended by the Health and Social Care (Community Health and Standards) Act 2003, Schedule 11, paragraph 49, and by S.I. 2004/957 and 3038.back

[29] Section 13 was amended by the National Health Service (Primary Care) Act 1997, Schedule 2, paragraph 61(3).back

[30] Section 15(3) has been amended by the National Health Service (Primary Care) Act 1997, Schedule 2, paragraph 61(4).back

[31] Section 19 was substituted by S.I. 2002/3135.back

[32] Section 21(1) was amended by S.I. 2002/3135 and section 21(3) was amended by the National Health Service (Primary Care) Act 1997, Schedule 2, paragraph 61(5).back

[33] Section 50(1) was amended by S.I. 2002/3135.back

[34] There are no relevant amendments to paragraph 25.back

[35] Section 21A was inserted by S.I. 2002/3135 and amended by S.I. 2003/1250.back

[36] Relevant amendments were made to section 26(1) and (2) by S.I. 2002/3135.back

[37] Section 27(1) was amended by S.I. 2002/3135.back

[38] Relevant amendments were made to section 30 by S.I. 1996/1591, 2000/3041 and 2002/3135.back

[39] Section 31(4) was amended by S.I. 2000/3041.back

[40] Section 41 was substituted by S.I. 2002/3135.back

[41] Section 55(1) was numbered as such by S.I. 1996/1591 and was amended by S.I. 1996/1591, 2000/3041 and 2002/3135.back

[42] Paragraph 11 of Schedule 1 was amended by S.I. 2002/3135.back

[43] Paragraph 5 of Schedule 3 was amended by S.I. 1996/1591, 2000/3041 and 2002/3135.back

[44] Schedule 3A was inserted by S.I. 2002/3135.back

[45] Section 3(1) was substituted by S.I. 1996/1591.back

[46] Section 15A was inserted by S.I. 2000/3041.back

[47] Section 19 was substituted by S.I. 2002/3135.back

[48] Section 31(9) was amended by S.I. 2002/3135.back

[49] Section 40 was substituted by S.I. 2002/3135.back

[50] Section 41 was substituted by S.I. 2002/3135.back

[51] Section 44A was inserted by S.I. 2002/3135.back

[52] OJ No. L 165, 7.7.1993, p.1. There are no relevant amending instruments.back

[53] Section 45 was substituted by S.I. 2002/3135.back

[54] Paragraph 3 has been amended by S.I. 1996/1519 and 2000/3041.back

[55] Schedule 3A was inserted by S.I. 2002/3135.back

[56] Section 35A was originally inserted S.I. 2000/1083 and was substituted by S.I. 2002/3135.back

[57] Section 35B was originally inserted by S.I. 2000/1083 and was substituted by S.I. 2002/3135.back

[58] Schedule 4 was substituted by S.I. 2002/3135.back

[59] Section 35E was originally inserted by S.I. 2000/1083 and was substituted by S.I. 2002/3135.back

[60] Section 41A was originally inserted by S.I. 2000/1083 and was substituted by S.I. 2000/3135.back

[61] Section 39 was substituted by S.I. 2002/3135.back

[62] Section 40 was substituted by S.I. 2002/3135.back

[63] Paragraph 26 of Schedule 1 was amended by S.I. 2002/3135.back

[64] Schedule 3A was inserted by S.I. 2002/3135.back

[65] Section 29A was inserted by S.I. 2002/3135.back

[66] Section 29E was inserted by S.I. 2002/3135.back

[67] Schedule 3B was inserted by S.I. 2002/3135.back

[68] Section 29F was inserted by S.I. 2002/3135.back

[69] Schedule 3A was inserted by S.I. 2002/3135.back

[70] No relevant amendments have been made to this section.back

[71] Section 46 was amended by S.I. 1996/1591 and 2002/3135.back

[72] 2002 c.17.back

[73] Section 50(1) was amended by S.I. 2002/3135.back

[74] 1994 c.23.back

[75] Item 1 has previously been amended by S.I. 1997/2744.back

[76] Item 1A was inserted by S.I. 1995/652 and has previously been amended by S.I. 1997/2744.back

[77] Item 1 has previously been amended by: the Nurses, Midwives and Health Visitors Act 1997 (c.24), Schedule 4, paragraph 6; and S.I. 1998/1294, 1999/1575 and 2002/253 and 254.back

[78] S.I. 1989/1796; the relevant amending instruments are S.I. 1994/2280 and 2001/560.back

[79] S.I. 2004/585; there are no relevant amending instruments.back

[80] S.I. 2004/1020; there are no relevant amending instruments.back

[81] S.S.I. 2004/114; the relevant amending instrument is S.S.I. 2004/216.back

[82] S.I. 1996/1591.back

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

[84] S.I. 2004/957.back

[85] S.I. 2004/3038.back

[86] 1989 c.44; section 1 has been amended by S.I. 2005/848.back

[87] S.I. 2002/253; there are no relevant amending instruments.back

[88] S.I. 2005/2250.back

[89] 1998 c.29.back

[90] 1946 c.36; section 1 has been amended by the Government of Wales Act 1998 (c.38), Schedule 12, paragraph 2.back

[a] Amended by Correction Slip. Page 20, article 51(2), in the inserted section 44B: the second subsection (9), beginning, "Regulations under subsection (2)" should be re-numbered as subsection (10); and back

[b] Amended by Correction Slip. Page 21, article 56, in the inserted section 35B(4): the second sub-paragraph (d), beginning, "warnings of the Investigation Committee" should be re-numbered as sub-paragraph (f). back


ISBN 0 11 074898 0


 © Crown copyright 2006

Prepared 26 July 2006

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