The National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998

PART VMISCELLANEOUS

Service of notices, etc.

18.  Any document or other communication which is required or authorised by these Regulations to be given, issued, made or sent to any person may be given, issued, made or sent–

(a)by delivery to that person; or

(b)by sending it by recorded delivery addressed to him at his usual or last known address; or

(c)where that person is represented by a solicitor, by sending it by recorded delivery to the solicitor at his usual or principal professional address; or

(d)in the case of the Joint Committee by sending it by post in a prepaid letter to their secretary.

Revocations

19.  The Regulations specified in column (1) of Schedule 4 are revoked to the extent specified in column (3) of that Schedule.

Existing circumstances

20.—(1) Where a person who applies or has applied to the Joint Committee for a certificate of prescribed experience has undertaken a period of training which began before the date on which these Regulations come into force and which, at the date on which that period began, fell within regulation 5(1)(b)(i) of the 1980 Regulations, the Joint Committee shall treat that period of training as falling within regulation 6(3) of these Regulations.

(2) Where such a person has undertaken a period of training which began before the date on which these Regulations come into force and which, at the date on which that period began, fell within regulation 5(1)(b)(ii) of the 1980 Regulations–

(a)the Joint Committee shall treat that period of training as falling within paragraph (4) of regulation 6 of these Regulations, but as if the maximum period of employment which is specified in sub-paragraph (b) of that paragraph, in relation to specialties mentioned in that sub-paragraph, did not apply; and

(b)where that training was in employment in a specialty which is not mentioned in the said sub-paragraph (b), regulation 6(5) shall not apply.

(3) Where, pursuant to a specific recommendation of the Joint Committee in connection with an application or proposed application for a certificate of prescribed experience or a certificate of equivalent experience, a person has, before the date on which these Regulations come into force, entered into an agreement to undertake a particular period of training which would, at the time at which he entered into that agreement, have fallen within regulation 5(1)(b)(ii) of the 1980 Regulations, sub-paragraphs (a) and (b) of paragraph (2) shall apply, notwithstanding that the training commenced after the date on which these Regulations come into force.

(4) A post which is, immediately before the day on which these Regulations come into force, an educationally approved post within the meaning of regulation 5(5)(a)(1) of the 1980 Regulations, shall be deemed to fall within regulation 8(1)(a) of these Regulations until such time as approval of that post is withdrawn by the Joint Committee.

(5) Except for regulation 16(12), Part IV of these Regulations shall not apply to any appeal against a refusal by the Joint Committee to issue a certificate of prescribed or equivalent experience in any case where notice of appeal has been given to the Secretary of State before the date on which these Regulations come into force and, notwithstanding the provisions of regulation 19, regulations 9 to 11 of the 1980 Regulations shall continue to apply in that case.

(6) In this regulation, “the 1980 Regulations” means the National Health Service (Vocational Training) (Scotland) Regulations 1980(2).