Medical Act 1983 (c. 54)

Part III U.K. Registration of Persons Qualifying Overseas

[F1 19 Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc. U.K.

(1) Where an exempt person satisfies the Registrar—

(a) that he holds[F2 , or has passed all the qualifying examinations necessary for obtaining,] an acceptable overseas qualification other than a primary European qualification;

[F3 (b) that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors; and]

[F4 (c) that his fitness to practise is not impaired,]

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(2) In this Act “exempt person” means a person who—

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

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

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

(3) In determining an application by any person for registration under this section, the General Council shall take into account—

(a) if the applicant holds a qualification granted outside the European Economic Area which has been accepted by another EEA State as qualifying him to practise as a medical practitioner in that State, the acceptance of the qualification; and

(b) all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 19 substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)((d), {6(2)} (with transitional provisions in Sch. 2)

F2 Words in s. 19(1)(a) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(a)(i)

F3 S. 19(1)(b) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(a)(ii)

F4 S. 19(1)(c) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 47

F5 S. 19(4) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 27(b)

20 Experience required for full registration by virtue of recognised overseas qualifications. U.K.

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Textual Amendments

F6 S. 20 omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(3) (with transitional provisions in Sch. 2)

21 Provisional registration [F7 of EEA nationals etc. with certain overseas qualifications]. U.K.

[F8 (1) The following provisions shall have effect for enabling persons wishing to satisfy the Registrar of the matters specified in section 19(1)(b) above to participate in an acceptable programme for provisionally registered doctors.]

(2) A person who satisfies the Registrar of the matters specified in paragraphs (a)F9 . . . and (c) of section 19(1) above may apply to the General Council to be registered provisionally under this section and, if the Council think fit so to direct, that person shall be so registered.

[F10 (2A) Subsection (3) of section 19 above applies in relation to an application for registration under this section as it applies in relation to an application for registration under that section.]

[F11 (3) A person provisionally registered under this section shall be deemed to be registered under section 19 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F7 Words in s. 21 heading added (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28

F8 S. 21(1) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28(a)

F9 Words in s. 21(2) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(4)(b) (with transitional provisions in Sch. 2)

F10 S. 21(2A) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(4)(c) (with transitional provisions in Sch. 2)

F11 S. 21(3) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 28(b)

F12 21A Full registration for eligible specialists and qualified general practitioners U.K.

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Textual Amendments

F12 S. 21A omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(1)

[F13 21B Full registration of persons with an overseas qualification U.K.

(1) Where a person satisfies the Registrar—

(a) that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b) that he possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom;

(c) that his fitness to practise is not impaired; and

(d) unless he is an exempt person, that he has the necessary knowledge of English,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(2) In this Act, an “acceptable overseas qualification” means any qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

Textual Amendments

F13 Ss. 21B, 21C inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(2) (with art. 86)

21C Provisional registration of persons with an overseas qualification U.K.

(1) The following provisions shall have effect for enabling persons wishing to participate in programmes for provisionally registered doctors in order to be able to satisfy the Registrar, in accordance with section 21B(1)(b), that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

(2) A person who satisfies the Registrar—

(a) of the matters specified in paragraphs (a), (c) and (d) of section 21B(1) above; and

(b) that he possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

may apply to the General Council to be provisionally registered under this section and, if the Council think fit so to direct, that person shall be so registered.

(3) A person provisionally registered under this section shall be deemed to be registered under section 21B above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.]

Textual Amendments

F13 Ss. 21B, 21C inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 35(2) (with art. 86)

F14 22 Limited registration of persons by virtue of overseas qualifications. U.K.

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Textual Amendments

F14 S. 22 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F15 23 Limited registration: supplementary provisions. U.K.

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Textual Amendments

F15 S. 23 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F16 24 Limited registration: erasure. U.K.

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Textual Amendments

F16 S. 24 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

F17 25 Full registration of persons with limited registration. U.K.

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Textual Amendments

F17 S. 25 repealed (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 5

26 Registration of qualifications. U.K.

(1) A person registered under section [F18 19, [F19 21, 21B or 21C]] above shall be entitled to have registered the [F20 acceptable overseas qualification] which he holds when he is so registered and also—

F21 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) [F22 subject to subsection (3) below, any overseas qualification] which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

(c) subject to subsection (3) below, any additional qualification which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter; and

(d) any primary United Kingdom qualification or primary European qualification which he holds when he is registered or obtains thereafter.

F23 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If the General Council determine that any such qualification as is mentioned in paragraph (b) or (c) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

Textual Amendments

F18 Words in s. 26(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(i) (with transitional provisions in Sch. 2)

F19 Words in s. 26(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 36

F20 Words in s. 26(1) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(ii) (with transitional provisions in Sch. 2)

F21 S. 26(1)(a) omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(iii) (with transitional provisions in Sch. 2)

F22 Words in s. 26(1)(b) substituted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(d), 6(9)(a)(iv) (with transitional provisions in Sch. 2)

F23 S. 26(2) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 6

[F24 27A Temporary registration for visiting eminent specialists U.K.

(1) A person who is an eminent specialist in a particular branch of medicine and who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services within that branch of medicine may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2) If the person referred to in subsection (1) satisfies the Registrar—

(a) that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b) that he is entitled to practise medicine in the State where he is ordinarily resident;

(c) that he is or will be employed or engaged within the United Kingdom to provide medical services in a particular branch of medicine;

(d) that he is an eminent specialist in that particular branch of medicine; and

(e) that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to any conditions specified in the direction, for such period (being no more than 26 weeks) as they specify in the direction.

(3) The General Council may, if they think fit so to direct, vary the conditions specified in the direction and, subject to subsection (4), may extend the period specified in the direction for which the person is registered under this section.

(4) A person may not be registered under this section for more than 26 weeks in any period of five years.

(5) A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6) If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a) is to be treated as not being done by a registered medical practitioner; and

(b) may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

Textual Amendments

F24 Ss. 27A, 27B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(2) (with art. 87)

27B Special purpose registration U.K.

(1) A person who is or intends to be in the United Kingdom temporarily for the purposes of providing particular medical services exclusively to persons who are not nationals of the United Kingdom may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

(2) If the person referred to in paragraph (1) satisfies the Registrar—

(a) that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

(b) that he is entitled to practise medicine in the State where he is ordinarily resident;

(c) that he is or will be employed or engaged within the United Kingdom—

(i) at an establishment that provides medical services for persons who are not nationals of the United Kingdom, and

(ii) to provide particular medical services, but only for persons who are not nationals of the United Kingdom; and

(d) that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to the conditions specified in the direction, for such period as they specify in the direction.

(3) The conditions that the General Council specifies in any direction under subsection (2) are to comprise or include—

(a) a condition that the person shall, except in an emergency, provide medical services within the United Kingdom only to persons who are not nationals of the United Kingdom; and

(b) a condition that the person shall, except in an emergency, provide only the particular medical services which are specified in the direction, whilst he is in the United Kingdom.

(4) The General Council may, if they think fit so to direct, vary the conditions in the direction (but not in such a way that the requirements of subsection (3) are no longer met) and may extend the period specified in the direction for which the person is registered under this section.

(5) A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

(6) If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

(a) is to be treated as not being done by a registered medical practitioner; and

(b) may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.]

Textual Amendments

F24 Ss. 27A, 27B inserted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(2) (with art. 87)

F25 27 Temporary full registration for visiting overseas specialists. U.K.

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Textual Amendments

F25 S. 27 omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 37(1)

F26 28 The Review Board for Overseas Qualified Practitioners. U.K.

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Textual Amendments

F26 S. 28 omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 6(11) (with Sch. 2)

F27 29 Functions of the Review Board. U.K.

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Textual Amendments

F27 S. 29 omitted (1.4.2005 as notified in the London Gazette dated 14.1.2005) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 6(11) (with Sch. 2)