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The Postgraduate Medical Education and Training Order of Council 2010

S.I. 2010/473 · Made 24 February 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 December 2023.

Health Care And Associated Professions

Doctors

Made 24th February 2010

Laid before Parliament 1st March 2010

Coming into force 1st April 2010

At the Council Chamber, Whitehall, the 24th day of February 2010

By the Lords of Her Majesty's Most Honourable Privy Council

Their Lordships make the following Order in exercise of the powers conferred by sections 34C(2)(c), 34D(2)(c) and (3), 34F(2), 34G(1) and 34K(1)(c) of the Medical Act 1983 M1.

Annotations to the whole text

Marginal citations

M1

1983 c.54. Sections 34C to 34O are inserted by S.I.2010/234, article 4 and Schedule 1, paragraph 10.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Persons eligible to be registered in, and liable to removal from, the General Practitioner Register
  4. 4General practitioners eligible for entry in the General Practitioner Register
  5. 5General systems general practitioners eligible for entry in the General Practitioner Register Repealed
  6. 6Persons with acquired rights
  7. 7Persons eligible to be registered in, and liable to removal from, the Specialist Register
  8. 8Specialists eligible for entry in the Specialist Register
  9. 9General systems specialists eligible for entry in the Specialist Register Repealed
  10. 10Relevant European specialist qualifications
  11. 11Recognised specialities within the United Kingdom
  12. 12Partial exemption
  13. 13Review
  14. Signature
  15. Schedule Recognised specialities within the United Kingdom
  16. Explanatory note

1Citation and commencement

This Order may be cited as the Postgraduate Medical Education and Training Order of Council 2010 and shall come into force on 1st April 2010.

2Interpretation

In this Order—

  • “the Act” means the Medical Act 1983;

  • “previous legislation” means—

    1. (a)

      the European Specialist Medical Qualifications Order 1995 M1; and

    2. (b)

      the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 M2.

3Persons eligible to be registered in, and liable to removal from, the General Practitioner Register

(1)

Persons are eligible to be registered in the General Practitioner Register for the purposes of section 34C(2)(c) of the Act if they are—

(a)

eligible general practitioners as specified in article 4;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4General practitioners eligible for entry in the General Practitioner Register

F1(1)

A person is an eligible general practitioner for the purposes of article 3(1)(a) if the person holds a qualification in general practice listed in Annex V, point 5.1.4 of the Directive that was issued in a relevant European state, on or after the reference date and is not evidence of training commenced by the holder before that date, other than a qualification that has been designated by the General Council for the purposes of this paragraph.

(1A)

The General Council—

(a)

may designate a qualification for the purposes of paragraph (1) only with the approval of the Privy Council;

(b)

must maintain and publish a list of the qualifications that are so designated.

(1B)

In paragraph (1), “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.4 of the Directive.

(2)

Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they hold—

(a)

a certificate of prescribed experience; or

(b)

a certificate of equivalent experience,

which was issued under previous legislation, either by the Postgraduate Medical Education and Training Board or by the Joint Committee on Postgraduate Training for General Practice.

(3)

Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they were exempt from the need to have acquired the prescribed experience by virtue of paragraph (1)(a), (b), (c), (d) or (f) of regulation 5 (exemptions) of—

(a)

the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 M1;

(b)

the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 M2; or

(c)

the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 M3.

F2(4)

Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they do not fall within paragraph (1), (2) or (3) but have—

(a)

undertaken training in general practice; or

(b)

been awarded qualifications in general practice,

and the Registrar is satisfied that that training, or those qualifications, or both when considered together give them the knowledge, skills and experience required for practising as a general practitioner in the United Kingdom.

F3(4A)

Persons are also eligible general practitioners for the purposes of article 3(1)(a) if they are entitled to have their qualification in general practice recognised by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

F4(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5General systems general practitioners eligible for entry in the General Practitioner RegisterF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Persons with acquired rights

(1)

For the purposes of section 34G(1) of the Act, a person has an acquired right to practise as a general practitioner in the United Kingdom if they fall within any of the categories of persons specified in paragraphs (2), (3), (5) and (6).

(2)

A person has an acquired right if, on 31st December 1994, their name was included in a medical list kept by an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland.

(3)

Subject to paragraph (4), a person has an acquired right if, on 31st December 1994, they were suitably experienced within the meaning of—

(a)

section 31 of the National Health Service Act 1977 M1 (requirement of suitable experience);

(b)

section 21 of the National Health Service (Scotland) Act 1978 M2 (requirement of suitable experience); or

(c)

Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1978 M3 (requirement of suitable experience).

(4)

Paragraph (3) does not apply where the person was suitably experienced by virtue of—

(a)

regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) Regulations 1979 M4 (exemptions for applications to be a restricted services principal and for doctors who are EC nationals);

(b)

regulation 8(1)(e) or (h) of the National Health Service (Vocational Training) (Scotland) Regulations 1980 M5 (exemptions for applications to be a restricted services principal and for doctors who are EC nationals); or

(c)

regulation 7(1)(d) or (g) of the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1979 M6 (exemptions for applications to be a restricted services principal and for doctors who are EC nationals),

even if on that date that person had yet to obtain a certificate of prescribed experience or a certificate of equivalent experience under any of those Regulations.

(5)

A person has an acquired right if, on 31st December 1994, they were established in the United Kingdom by virtue of a qualification in medicine awarded in a relevant European State F1... which had, in their case, to be recognised in the United Kingdom by virtue of the Directive as entitling that person to be registered under section 3(1)(b) of the Act as a fully registered person.

(6)

A person has an acquired right if, on at least 10 days in the period of 4 years ending with 31st December 1994, or on at least 40 days in the period of 10 years ending with that date, they had—

(a)

been engaged as a deputy by, or provided as a deputy to, a doctor whose name was included in the medical list of an FHSA or in any corresponding list kept by a Health Board in Scotland or by the Northern Ireland Central Services Agency for the Health and Social Services in Northern Ireland; or

(b)

been employed as an assistant (other than as a trainee general practitioner) by such a doctor.

(7)

For the purposes of paragraph (6), engagement or provision as a deputy for a period of less than 24 hours beginning before but ending after midnight counts as engagement or provision on the second day only.

(8)

In this article—

  • “an FHSA” means a Family Health Services Authority;

  • “medical list” has the same meaning as in—

    1. (a)

      the National Health Service (General Medical Services) Regulations 1992 M7;

    2. (b)

      the National Health Service (General Medical and Pharmaceutical Services) (Scotland) Regulations 1974 M8; or, as the case may be,

    3. (c)

      the General Medical Services Regulations (Northern Ireland) 1997 M9.

7Persons eligible to be registered in, and liable to removal from, the Specialist Register

(1)

Persons are eligible to be registered in the Specialist Register for the purposes of section 34D(2)(c) of the Act if they are—

(a)

eligible specialists as specified in article 8;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Specialists eligible for entry in the Specialist Register

F1(1)

A person is an eligible specialist for the purposes of article 7(1)(a) if the person holds a relevant European specialist qualification (within the meaning of article 10).

F2(2)

A person (“S”) is an eligible specialist for the purposes of article 7(1)(a) if S does not fall within paragraph (1) but has—

(a)

undertaken specialist training; or

(b)

been awarded specialist qualifications,

in a recognised specialty and satisfies the Registrar that the specialist training, or those qualifications, or both when considered together give S the knowledge, skills and experience required for practising as an eligible specialist in the United Kingdom.

(3)

F3A person (“T”) is an eligible specialist for the purposes of article 7(1)(a) if T does not fall within paragraph (1) but—

(a)

has—

(i)

undertaken specialist training; or

(ii)

been awarded specialist qualifications,

outside the United Kingdom in a medical specialty which is not a recognised specialty; or

(b)

has knowledge of, or experience in, any medical specialty derived from academic or research work,

and the Registrar is satisfied that these give T a level of knowledge and skill consistent with practice as a consultant in any of the UK health services.

F4(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

A person is also an eligible specialist for the purposes of article 7(1)(a) if that person—

(a)

was included in the specialist register maintained by the General Council under previous legislation;

(b)

had been determined by the Registrar to be an eligible specialist for the purposes of previous legislation; or

(c)

holds a Certificate of Completion of Specialist Training awarded under, or by virtue of, previous legislation.

F6(6A)

A person is also an eligible specialist for the purposes of article 7(1)(a) if that person is entitled to have their specialist qualification recognised by virtue of Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.

(7)

In paragraphs (2) and (3), “specialist training” means specialist medical training that—

(a)

comprises theoretical and practical instruction in a post specifically designated as a training post;

(b)

takes place in a university centre, a teaching hospital or other health establishment;

(c)

is supervised by an appropriate authority or other body; and

(d)

involves the personal participation of the person training to be a specialist in the activity and in the responsibilities of the establishment concerned.

9General systems specialists eligible for entry in the Specialist RegisterF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Relevant European specialist qualificationsF2

F1(1)

In Article 8(1) “relevant European specialist qualification” means a specialist qualification listed in Annex V, point 5.1.2 of the Directive which—

(a)

was awarded—

(i)

in a relevant European State,

(ii)

on or after the reference date, not being evidence of training commenced by the holder before that date, and

(iii)

in a recognised specialty, and

(b)

has not been designated by the General Council for the purposes of this paragraph.

(1A)

The General Council—

(a)

may designate a qualification for the purposes of paragraph (1) only with the approval of the Privy Council;

(b)

must maintain and publish a list of the qualifications that are so designated.

(2)

In paragraph (1), “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.2 of the Directive.

11Recognised specialities within the United Kingdom

(1)

The specialties specified in the Schedule are those which are recognised within the United Kingdom for the purposes of the Act.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

Nothing in the Schedule shall prevent the award of a Certificate of Completion of Training in medical microbiology and virology to a person who was undergoing the education and training necessary to obtain such an award on 28thAugust 2009.

12Partial exemptionF1

(1)

F2Where a person has made an application before IP completion day for inclusion in the General Practitioner Register kept under section 34C of the Act, or the Specialist Register kept under section 34D of the Act, the Registrar may exempt the person from a requirement to complete part (“the relevant part”) of a specialist training course in the United Kingdom if the conditions in paragraph (2) are satisfied.

(2)

The conditions are that—

(a)

the person has F3before IP completion day already completed the equivalent of the relevant part, whilst completing a specialist training course in a relevant European State and in respect of which the person obtained a qualification; and

(b)

the relevant part does not equate to more than half of the minimum duration of the specialist training course in respect of which the exemption is to apply.

(3)

In this article, “specialist training course” means a course listed in Annex V, point 5.1.3 of the Directive.

13ReviewF1

By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must—

(a)

carry out a review of the amendments made to this Order by the European Qualifications (Health and Social Care Professions) Regulations 2016;

(b)

set out the conclusions of the review in a report; and

(c)

publish the report.

Signature

Judith Simpson

Clerk of the Privy Council

Recognised specialities within the United KingdomF1

F1Anaesthetics

Explanatory note

(This note is not part of the Order)

This Order is made as a consequence of the abolition of the Postgraduate Medical Education and Training Board (established by S.I.2003/1250) and the transfer of its functions in relation to such education and training to the General Medical Council. It is made under new powers in the Medical Act 1983 (c.54) which have been inserted into that Act by S.I.2010/234.

M1This Order sets out the categories of registered medical practitioners, other than those who have been awarded a certificate of completion of training, who are eligible for entry in the General Practitioner Register and the Specialist Register kept by the General Medical Council. The eligibility criteria are largely based on the content of Directive 2005/36/EC concerning the recognition of professional qualifications.

Article 3(1) prescribes that the categories of registered medical practitioners who are eligible for inclusion in the General Practitioner Register are those set out in articles 4 and 5 and those practitioners who are on the list of visiting medical practitioners from the European Union and who are practising in this country as a general practitioner (article 3(1)(c)) on a temporary and occasional basis. Article 3(2) provides that persons falling within article 3(1)(c) may be removed from that register if they cease to meet the relevant conditions. Article 4 relates to exempt persons (i.e. those persons who seek entry to the medical profession in the United Kingdom by virtue of an enforceable European Community right) who are eligible general practitioners and article 5 relates to exempt persons who are eligible general systems general practitioners (i.e. those having the requisite qualifications and experience obtained in the European Economic Area or Switzerland to practise as a general practitioner in the United Kingdom).

Article 6 prescribes which registered medical practitioners who have acquired rights to practice as general practitioners in the United Kingdom, are eligible for entry in the General Practitioner Register.

Article 7(1) prescribes that the categories of registered medical practitioners who are eligible for inclusion in the Specialist Register are those set out in articles 8 and 9 and those practitioners who are on the list of visiting medical practitioners from the European Union and who are practising in this country as specialists on a temporary and occasional basis (article 7(1)(c)). Article 7(2) provides that persons falling within article 7(1)(c) may be removed from that register if they cease to be such a person. Article 8 relates to exempt persons who are eligible specialists and article 9 relates to exempt persons who are eligible general systems specialists (i.e. those having the requisite qualifications and experience obtained in the European Economic Area or Switzerland to practise as a specialist in the United Kingdom).

Article 10 prescribes the qualifications granted outside the United Kingdom which must be recognised when determining whether or not a registered medical practitioner is eligible for inclusion in the Specialist Register. Article 11 and the Schedule prescribe the medical specialties which the UK recognises and the minimum training periods for those specialties where applicable.