The European Primary Medical Qualifications Regulations 1996

Registration of persons who do not have primary United Kingdom or primary European qualifications

6.—(1) In subsection (1) of section 19 of the Act (full registration of persons by virtue of recognised overseas qualifications), at the end of paragraph (b) there is inserted “or is an exempt person”.

(2) After that subsection there is inserted—

“(1A) Subsection (1B) below applies where a national of an EEA State, or a person to whom subsection (4) below applies, makes an application for registration under this section and either—

(a) he holds a qualification granted outside the European Economic Area which is not a recognised overseas qualification but which has been accepted by another EEA State as qualifying him to practise as a medical practitioner in that State; or

(b) he has acquired medical experience or knowledge in another EEA State.

(1B) In determining the application, the General Council—

(a) shall take the acceptance of the qualification, or the experience and knowledge, into account; and

(b) in a case falling within subsection (1A)(a) above, may treat the qualification as if it were a recognised overseas qualification.”

(3) After subsection (2) of that section there is inserted—

“(3) In this section “exempt person” means—

(a) a national of an EEA State other than the United Kingdom;

(b) a national of the United Kingdom who is exercising an enforceable Community right; or

(c) a person to whom subsection (4) below applies.

(4) This subsection applies to any person who—

(a) is not a national of an EEA State, but

(b) is, by virtue of a right conferred by article 11 of Regulation (EEC) No. 1612/68, or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State.”

(4) After subsection (2) of section 21 of the Act (provisional registration) there is inserted—

“(2A) Subsections (1A) and (1B) of section 19 above apply for the purposes of this section as they apply for the purposes of that section.”

(5) In subsection (1) of section 22 of the Act (limited registration of persons by virtue of overseas qualifications), at the end of paragraph (c) there is inserted “or is an exempt person (within the meaning of section 19 above)”.

(6) After that subsection there is inserted—

“(1A) Subsections (1A) and (1B) of section 19 above apply for the purposes of this section as they apply for the purposes of that section, but with the following modifications—

(a) in subsection (1A), the insertion after the word “holds” of the words “, has held or has passed the examination necessary for obtaining”; and

(b) in subsection (1B), the substitution for the words “a recognised” of the words “an acceptable”.”