The Medical Profession (Miscellaneous Amendments) Order 2008

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Medical Profession (Miscellaneous Amendments) Order 2008.

(2) This article and articles 5 and 6 come into force on the day after the day on which this Order is made.

(3) Articles 2 and 3(1), and Part 1 of Schedule 1, come into force on 1st January 2009.

(4) Except as provided by paragraphs (2) and (3), this Order comes into force on such day as the Privy Council may by order appoint.

(5) Different days may be appointed by an order under paragraph (4) for different provisions or different purposes.

(6) In this Order—

“the 1983 Act” means the Medical Act 1983(1);

“the 2003 Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(2); and

“the General Council” means the General Medical Council.

Transfer of medical education functions to the General Council

2.—(1) The statutory committees of the General Council shall cease to include the committee known as the Education Committee.

(2) With effect from the date on which this article comes into force—

(a) all medical education functions shall be exercisable by the General Council; and

(b) any determination made or other thing done by the Education Committee before that date shall be treated as if it had been made or done by the General Council.

(3) In this article—

“medical education functions” means all the functions under the 1983 Act which immediately before the date on which this article comes into force were exercisable by the Education Committee of the General Council; and

“the statutory committees”, in relation to the General Council, means the committees which the Council must have under section 1 of the 1983 Act (the General Medical Council).

Amendments to the 1983 Act

3.—(1) Part 1 of Schedule 1 to this Order makes amendments to the 1983 Act relating to medical education, including amendments consequential on article 2.

(2) Part 2 of Schedule 1 to this Order further amends the 1983 Act in connection with licences to practise and revalidation of medical practitioners.

Amendments to the 2003 Order

4.  Schedule 2 to this Order amends the 2003 Order to provide that certain persons who were consultants immediately before 1st January 1997 may, in accordance with a scheme to be published by the General Council, be entered on the Specialist Register.

Transitional, transitory or saving provisions orders

5.—(1) In connection with the commencement of any provision of this Order, the Privy Council may by order make such transitional, transitory or saving provisions as it considers appropriate.

(2) The power to make an order under paragraph (1) may be exercised—

(a) so as to make different provision—

(i) with respect to different cases or different classes of cases, or

(ii) in respect of the same case or class of case for different purposes;

(b) in relation to all cases to which the power extends or in relation to all those cases subject to specified exceptions; or

(c) so as to make any supplementary, incidental or consequential provisions which the Privy Council considers necessary or expedient.

Privy Council procedures etc.

6.—(1) The power of the Privy Council to make an order under article 1(4) or 5(1) may be exercised by any two or more members of the Privy Council.

(2) The making of an order under article 1(4) or 5(1) shall be sufficiently signified by an instrument signed by the Clerk of the Privy Council.

(3) The power to make an order under article 1(4) or 5(1) shall be exercisable by statutory instrument.

(4) For the purposes of section 1 of the Statutory Instruments Act 1946(3) (definition of “Statutory Instrument”), any power to which paragraph (3) applies is to be taken to be conferred by an Act of Parliament.

(5) Where an order of the Privy Council under this Order is signified by an instrument purporting to be signed by the Clerk of the Privy Council, that shall be evidence, and in Scotland sufficient evidence, of—

(a) the fact that the order was duly made; and

(b) the order’s terms.

Judith Simpson

Clerk of the Privy Council