Medical Act 1983

11 Provisions supplementary to s. 10, etc.E+W+S

(1)Subsections (2) to (4) below shall have effect for the construction of section 10 above and the following provisions of this Part of this Act.

(2)References to a person’s examining body shall be construed as follows—

(a)where he claims registration by virtue of a qualification granted on passing an examination held by two or more bodies jointly, such references shall be construed as references to those bodies acting jointly;

(b)subject as aforesaid, such references shall be construed as references to the body granting the qualification by virtue of which he claims registration or, where he is entitled to claim registration by virtue of two or more qualifications, such references shall be construed as references to the body granting such of those qualifications as he may choose.

(3)References to employment in a resident medical capacity shall be construed as references to employment in the practice of any branch of medicine prescribed for the purposes of section 10 above where [F1—

(a)in the case of an approved hospital or an approved institution,]

the person employed is resident in the hospital or institution where he is employed or conveniently near to it and is by the terms of his employment required to be so resident [F2; or.

(b)in the case of an approved medical practice, the person employed satisfies such conditions as to residence as may be prescribed]

(4)In the provisions mentioned in subsection (1) above—

• “approved” [F3(except in subsection (5)] means approved for the time being for the purposes of this section by any university or other body specified in section 4(3) above as providing experience required by one or more prescribed patterns of experience; and

• [F4“medical practice” means a prescribed description of practice in which one or more medical practitioners—

  (a)

  provide general medical services under Part II of the M1National Health Service Act 1977, Part II of the M2National Health Service (Scotland) Act 1978 or Part VI of the M3Health and Personal Social Services (Northern Ireland) Order 1972; or

  (b)

  perform personal medical services in accordance with arrangements made under section 28C of the 1977 Act, section 17C of the 1978 Act or the corresponding provisions of the law in force in Northern Ireland;]

• “prescribed” (except in the expression “prescribed pattern of experience”) means [F5—

  (a)

  in subsection (3)(b) and in the definition of “medical practice”, prescribed by regulations made by the Secretary of State; and

  (b)

  in the other provisions of this Part,]

  prescribed by regulations of the Education Committee.

[F6(4A)The Education Committee may by regulations provide that the period of employment in a medical practice which may be reckoned towards the completion of any of the periods mentioned in section 10(3)(a) above shall not exceed such period as may be specified in the regulations.]

[F7(5)In making regulations under subsection (2) of section 10 above [F8or under subsection (4A) of this section], the Education Committee shall have regard to the requirements of article 23 of Directive 93/16/EEC; and such regulations shall not have effect until approved by order of the Privy Council.]

(6)The Privy Council may approve regulations of the Education Committee made under subsection (2) of section 10 above either as submitted to them or with such modifications as appear to them requisite; but where the Privy Council propose to approve any regulations under that subsection subject to modifications they shall notify to the Education Committee the modifications they propose to make and consider any observations of the Committee on the proposed modifications.

[F9(7)Regulations made by the Secretary of State under this section must be made by statutory instrument; and such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]