- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
40.—(1) Subject to paragraph (2), a medical practitioner may not perform clinical services under the contract unless that medical practitioner is—
(a)included in the medical performers list;
(b)not suspended from that list or from the Medical Register; and
(c)not subject to interim suspension under section 41A of the Medical Act 1983(1) (interim orders).
(2) Paragraph (1) does not apply to any medical practitioner who is an exempt medical practitioner within the meaning of paragraph (3) but only in so far as any medical services that the medical practitioner performs constitute part of a post-registration programme.
(3) For the purposes of this regulation, an “exempt medical practitioner” is—
(a)a medical practitioner employed by an NHS trust, an NHS foundation trust, a Health Board, or a Health and Social Services Trust who is providing services other than primary medical services at the practice premises;
(b)a person who is provisionally registered under section 15(2) (provisional registration), 15A(3) (provisional registration for EEA nationals) or 21(4) (provisional registration) of the Medical Act 1983, and who is acting in the course of that person’s employment in a resident medical capacity in a programme;
(c)a GP Specialty Registrar who has applied to the Board to be included in its medical performers list until the occurrence of the first of the following events—
(i)the Board gives notice to the GP Specialty Registrar of its decision in respect of that application, or
(ii)the end of a period of three months, beginning with the date on which that GP Specialty Registrar begins a postgraduate medical education and training scheme necessary for the award of a CCT; or
(d)a medical practitioner who—
(i)is not a GP Specialty Registrar,
(ii)is undertaking a post-registration programme of clinical practice supervised by the General Medical Council,
(iii)has given notice to the Board of the intention to undertake part or all of a post-registration programme in England at least 24 hours before commencing any part of that programme, and
(iv)has, with the notice given, provided the Board with evidence sufficient for the Board to satisfy itself that the medical practitioner is undergoing a post-registration programme.
1983 c.54. Section 41A was inserted by S.I. 2015/794.
1983 c.54. Section 15 was substituted by S.I. 2006/1914.
1983 c.54. Section 15A was inserted by S.I. 2000/3041, and was amended by S.I. 2006/1914, S.I. 2007/3101 and S.I. 2011/1043.
1983 c.54. Section 21 was amended by S.I. 1996/1591, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2007/3101.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: