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Section 6 Persons 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.

Annotations

Textual amendments

F1

Words in art. 6(5) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 41 (with reg. 12A, Sch. 1 Pt. 2 (as amended by S.I. 2020/1394, regs. 4, 9)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1

1977 c.49.

M2

1978 c.29.

M3

S.I.1978 No.1907 (N.I.26).

M4

S.I.1979/1644; relevant amendments were made by S.I.1980/1900, 1981/1790, 1984/215, 1985/1353, 1986/1642 and 1991/406.

M5

S.I.1980/30; relevant amendments were made by S.I.1986/1657 and 1991/576.

M6

S.R.1979 No.460; relevant amendments were made by S.R.1986 No.69 and 1986 No.309.

M7

S.I.1992/635.

M8

S.I.1974/506; relevant amendments were made by S.I.1978/1762, 1985/1625 and 1980/1990.

M9

S.R.1997/380.