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

PART IIIAMENDMENT OF VOCATIONAL TRAINING REGULATIONS

Interpretation of the 1979 Regulations and of the 1980 Regulations

6.  In regulation 2(1) of the 1979 Regulations and of the 1980 Regulations (interpretation), after the definition of “the Joint Committee” insert—

““Medical Directive” means Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications(1);”.

Prescribed experience

7.—(1) Regulation 5 of the 1979 Regulations and regulation 5 of the 1980 Regulations (prescribed experience) are each amended as follows.

(2) After paragraph (2) insert—

“(2A) For the purposes of paragraph (1)(b), employment which is not whole-time cannot count as “equivalent” to whole-time employment unless it includes at least two periods of whole-time employment, each lasting not less than one week, one such period falling within paragraph (i) and one within paragraph (ii).”.

(3) In paragraph (3), for “occupied less than half” substitute “, taken week by week, occupied less than 60%”.

(4) After paragraph (3) insert—

“(3A) The Joint Committee shall supervise the training referred to in paragraph (1)(b), and shall in particular secure that it complies with the requirements of article 31(1) of the Medical Directive, or (in the case of part-time training) article 31(1) as appropriately modified together with article 34.”.

(5) Paragraphs (2) and (3) of this regulation, and paragraph (4) so far as the amendment it makes refers to article 34 of the Medical Directive, have effect only in relation to a period of training begun after 31st December 1994.

Certificate of prescribed experience

8.  After regulation 6(2) of the 1979 Regulations and of the 1980 Regulations (certificate of prescribed experience) insert—

“(2A) A certificate of prescribed experience shall show the qualifications by virtue of which the practitioner to whom it is issued is entitled to be registered under the Medical Act 1983, and where those qualifications were awarded.”.

Certificate of equivalent experience

9.  After regulation 7(2) of the 1979 Regulations and of the 1980 Regulations (certificate of equivalent experience) insert—

“(2A) A certificate of equivalent experience shall show the qualifications by virtue of which the practitioner to whom it is issued is entitled to be registered under the Medical Act 1983, and where those qualifications were awarded.

(2B) If they are satisfied that the medical experience in respect of which a certificate of equivalent experience is to be issued complies with all the requirements of the Medical Directive relating to specific training in general medical practice, the Joint Committee shall annotate the certificate to that effect.”.

Exemptions from vocational training

10.—(1) Regulation 8 of the 1979 Regulations and regulation 8 of the 1980 Regulations (exemptions) are each amended as follows.

(2) In paragraph (1)(e), at the end insert “but only if the applicant’s name was included in a medical list on 31st December 1994 for the provision of general medical services limited in a way which included those specified in the application;”.

(3) For paragraph (1)(h) substitute—

“(h)if he has a qualification in medicine awarded in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement), or by virtue of any enforceable Community right, as entitling him to be registered, or to practise as if he were registered, under section 3 of the Medical Act 1983 (which provides for registration by virtue of primary United Kingdom or primary European qualifications) as a fully registered medical practitioner, and he was established in the United Kingdom on 31st December 1994 by virtue of that qualification,

(i)if he holds a vocational training certificate or a certificate of acquired rights issued in an EEA State other than the United Kingdom which must in his case be recognised in the United Kingdom by virtue of the Medical Directive (whether or not as read with the EEA Agreement) or by virtue of any enforceable Community right.”.

(4) After paragraph (1) insert—

“(1A) For the purposes of paragraph (1)—

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

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

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

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

(5) Paragraph (2) has effect only in relation to applications made after 31st December 1994.