Medical Act 1983

55 Interpretation.U.K.

[F1(1)]In this Act—

• “acceptable overseas qualification” has the meaning given by [F2section 21B(2)] above;

• [F3“acceptable programme for provisionally registered doctors” has the meaning given by section 10A(1) above;]

• “additional qualification” has the meaning given by section 16(2) above;

• F4...

• F4...

• [F5“CCT” means a certificate of completion of training awarded under section 34L(1);]

• [F6“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

  (a)

  receive or issue evidence of qualifications or other information or documents, or

  (b)

  receive applications and take the decisions referred to in the Directive,

  in connection with the practice of medicine;]

• [F6“the Directive” has the meaning given by section 5(4) above;]

• F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “disqualifying decision” has the meaning given by section 44(2) above;

• F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F4...

• [F9“exempt person” has the meaning given in section 19(2) above;

• F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F11“fully registered person” means a person for the time being registered under section 3, 14A, [F1218A,] 19, 19A, 21B, 27A or 27B above as a fully registered medical practitioner, or under Schedule 2A as a visiting medical practitioner from a relevant European State, and—]

  (a)

  so far as mentioned in subsection (3) of section 15 (including that subsection as applied by section [F1315A(4), 21 or 21C] above, but not further, includes a person for the time being provisionally registered;

  (b)

  F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  and “fully registered” shall be construed accordingly;

• “the General Council” means the General Medical Council;

• [F5“General Practitioner Register” means the register kept by the General Council under section 34C;]

• [F15“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);]

• [F5“GP Registrar” means a medical practitioner who is being trained in general practice whether as part of training leading to the award of a CCT or otherwise;]

• [F9“impaired”, in relation to a person’s fitness to practise, has the meaning given in section 35C(2) above;

• F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “national”, in relation to a [F17relevant European State], has the same meaning as in the [F18EU] Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;

• [F19“the necessary knowledge of English”, in relation to a person, means the knowledge of English which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom;]

• [F5“NHS consultant” means a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of any of the UK health services;]

• F4...

• F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the prescribed knowledge and skill” has the meaning given by section 5(4) above;

• F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the prescribed standard of proficiency” has the meaning given by section 5(4) above;

• “primary European qualification” shall be construed in accordance with section 17 above;

• “primary United Kingdom qualification” has the meaning given by section 4(3) above;

• [F9“professional performance” includes a medical practitioner’s professional competence;

• “provisionally registered” means provisionally registered under section 15 , [F2215A, 21 or 21C] above;

• “qualification”, except where the context otherwise requires, means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted in respect of any branch or branches of medicine by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place;

• F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F5“recognised specialty” means a specialty which the Privy Council have designated as a recognised specialty by order under section 34D(3);]

• [F24“the register” means the register of medical practitioners;]

• “the Registrar” has the meaning given by section 2(1) above but subject to sub-paragraph (3) of paragraph 16 of Schedule 1 to this Act;

• [F25“relevant European State” means an EEA State or Switzerland;]

• [F9“revalidation” has the meaning given in section 29A above;

• F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F5“Specialist Register” means the register kept by the General Council under section 34D;]

• [F9“the statutory committees” has the meaning given in section 1(3A) above;

• [F5“the UK health services” means—

  (a)

  the health service as defined by section 275(1) of the National Health Service Act 2006 or section 206(1) of the National Health Service (Wales) Act 2006 ;

  (b)

  the health service as defined by section 108(1) of the National Health Service (Scotland) Act 1978 ; and

  (c)

  any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006;]

[F27(1A)References in this Act to the over-arching objective are to the over-arching objective of the General Council under section 1(1A) (read with section 1(1B)).]

[F28(2)In relation to anything done before the adoption by the Council of Directive 93/16/EEC, references in this Act to [F29the Directive], or to any provision of [F29the Directive], shall be construed as references to, or to the corresponding provision of, the following Directives as for the time being amended, namely—

(a)Council Directive No.75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine; and

(b)Council Directive No.75/363/EEC concerning the coordination of provisions in respect of activities of doctors.]

[F30(3)In relation to anything done—

(a)before the adoption by the Council and the European Parliament of the Directive, but

(b)after the adoption by the Council of Directive 93/16/EEC,

references in this Act to the Directive, or to any provision of the Directive, shall be construed as references to, or to any corresponding provision of, Directive 93/16/EEC as for the time being amended.

(4)In this section, “Directive 93/16/EEC” 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 (OJ No. L165, 7.7.93, p.1).]]]]]]