The General Medical Council (Applications for General Practice and Specialist Registration) (Amendment) Regulations Order of Council 2011
At the Council Chamber, Whitehall, the 10th day of May 2011
By the Lords of Her Majesty’s Most Honourable Privy Council
By virtue of section 34E(6) of that Act, such Regulations shall not have effect until approved by Order of the Privy Council.
Citation and commencement1.
This Order may be cited as the General Medical Council (Applications for General Practice and Specialist Registration) (Amendment) Regulations Order of Council 2011 and comes into force on 8th June 2011.
Privy Council Approval2.
Their Lordships, having taken the Regulations contained in the Schedule into consideration, are pleased to and do approve them.
SCHEDULEThe General Medical Council (Applications for General Practice and Specialist Registration) (Amendment) Regulations 2011
The General Medical Council make the following Regulations in exercise of powers conferred by section 34E(1), (2)(a) and (3) of the Medical Act 1983.
Citation and commencement
1.
These Regulations may be cited as the General Medical Council (Applications for General Practice and Specialist Registration) (Amendment) Regulations 2011 and come into force on 8th June 2011.
Amendments
2.
(1)
(2)
In regulation 5—
(a)
“(h)
a statement of eligibility, or a statement of eligibility for registration issued in accordance with article 11(7) or 14(11) of the General and Specialist Practice (Education, Training and Qualifications) Order 20033;”;
(b)
“;
(j)
evidence that the applicant’s training is, or qualifications are, or both when considered together are, equivalent to a CCT4 in general practice for the purposes of article 4(4) of the 2010 Order (general practitioners eligible for entry in the General Practitioner Register);(k)
evidence that the applicant’s specialist training is, or specialist qualifications in a recognised specialty are, or both when considered together are, equivalent to a CCT in the relevant specialty for the purposes of article 8(2) of the 2010 Order (specialists eligible for entry in the specialist register);
(l)
evidence that the applicant’s level of knowledge and skill is consistent with practice as a consultant in any of the UK health services for the purposes of article 8(3) of the 2010 Order”;
(c)
omit paragraphs (2) and (3).
(3)
In regulation 6—
(a)
in paragraph (1), for “the Registrar may” substitute “Subject to paragraph (3), the Registrar may”;
(b)
“(3)
Paragraph (1) does not apply to an eligible general systems general practitioner under article 5 of the 2010 Order or an eligible general systems specialist under article 9 of the 2010 order in relation to whom an invitation to provide information may be made in accordance with regulation 31(1)(b) of the General Systems Regulations5.”.
(4)
“(1)
Paragraphs (1A) and (2) apply where—
(a)
an applicant submits evidence under regulation 5(1)(j), (k) or (l); and
(b)
an applicant is an eligible general systems general practitioner under article 5 of the 2010 Order or an eligible general systems specialist under article 9 of the 2010 Order and submits evidence under the General Systems Regulations6.(1A)
Where an applicant submits evidence as described in paragraph (1), and the Registrar is satisfied as to the applicant’s eligibility for inclusion in the General Practitioner Register or the Specialist Register, the Registrar must, before considering and determining the application under regulation 8, provide the applicant with a written statement confirming the Registrar is so satisfied.”.
(5)
In regulation 8—
(a)
in sub-paragraph (a) of paragraph (2), for “regulation 7(1)” substitute “regulation 7(1A)”; and
(b)
“, unless that has already been done in pursuance of any obligation under regulation 34(2) of the General Systems Regulations7
Given under the official seal of the General Medical Council this 7th day of April 2011
This Order approves the General Medical Council (Applications for General Practice and Specialist Registration) (Amendment) Regulations 2011. Those Regulations amend the General Medical Council (Applications for General Practice and Specialist Registration) Regulations 2010 (scheduled to SI 2010/475) (“the principal Regulations”). The principal Regulations provide for the procedure to be followed by or in relation to a person applying to the Registrar of the General Medical Council (“the GMC”) for inclusion in the GMC’s General Practitioner Register or the Specialist Register and include provision as to the evidence required in support of such applications and for notification of decisions in respect of them.
Regulation 1 provides for citation and for the Regulations to come into force on 8th June 2011.
Regulation 2 amends regulations 5 to 8 of the principal Regulations. The amendments to regulation 5 remove evidential requirements prescribed under regulation 5(3) of the principal Regulations which applied to applications by certain categories of applicant. Those categories are applicants whose application is: based on equivalence of their training or qualifications, or both, to a CCT; or based on their level of knowledge and skill being consistent with practice as a consultant in the National Health Service in any part of the UK. A third category of applicant for whom the requirements are removed is the applicant seeking recognition as a specialist or general practice specialist, who is subject to the provisions of the European Communities (Recognition of Professional Qualifications) Regulations 2007 (SI 2007/2781) (defined as “the General Systems Regulations” in section 55(1) of the Medical Act 1983).
Amendments to regulations 6, 7 and 8 are minor amendments, mainly consequential upon the amendments to regulation 5 or to make explicit the relationship between the requirements in these Regulations and the General System Regulations in relation to the third category of applicant mentioned above.
No impact assessment has been carried out in relation to these Regulations.