The Medical Profession (Miscellaneous Amendments) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Medical Act 1983 (“the 1983 Act”) and the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (“the 2003 Order”).

Article 2 of the Order provides for all functions under the 1983 Act relating to medical education to be transferred to the General Medical Council (“the General Council”). Under the 1983 Act, the functions were conferred directly on the Education Committee of the General Council.

Article 3(1) of the Order introduces Part 1 of Schedule 1 to the Order which contains a number of textual amendments to the 1983 Act which relate to medical education. These include amendments to implement article 2 of the Order, providing for the functions to be exercised by the General Council.

Article 3(2) of the Order introduces Part 2 of Schedule 1 to the Order which amends Part 3A of the 1983 Act (licences to practise and revalidation). Part 3A of the 1983 Act confers power on the General Council to make regulations for licences to practise to be granted, refused or withdrawn from medical practitioners, and to make regulations for the revalidation of practitioners. “Revalidation” is defined in Part 3A as “evaluation of a medical practitioner’s fitness to practise”. As a result of the amendments to Part 3A contained in this Order, the regulation-making powers of the General Council in connection with licences to practise will be expanded to allow provision for the removal or amendment of an entry in respect of a practitioner in the General Practitioner or Specialist Registers (these registers are maintained by the General Council under Part 4 of the 2003 Order). In addition, General Council regulations will be able to provide for revalidation to be carried out by reference to standards set by a person or body specified in the regulations and for any such person or body to carry out the revalidation and make reports and recommendations to the licensing authority. Other amendments to the 1983 Act made by this Order relate to disclosure of information obtained in the course of revalidation (including during voluntary pilot schemes to be carried out in connection with the introduction of revalidation) or contain supplementary provision.

Article 4 of the Order introduces Schedule 2 to the Order which amends Part 4 of the 2003 Order, which relates to the General Practitioner Register and the Specialist Register which are held by the General Council. The amendments in Schedule 2 relate to the Specialist Register and provide an additional ground of eligibility on which a person can apply to have their name entered in that Register. This applies to persons who were consultants in the National Health Service or the armed forces before 1st January 1997. The General Council is required to publish a scheme setting out the requirements for registration and an applicant for registration must meet those requirements and satisfy the Registrar of the General Council that it is appropriate for their name to be entered in the Specialist Register in accordance with the General Council’s scheme.