Medical Act 1983

Part VII U.K. Miscellaneous and General

[F1 49B The Directive: designation of competent authority etc. U.K.

(1) The General Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the medical profession.

(2) The designation under subsection (1)—

(a) does not extend to matters relating to training to be, or qualifications or practice as, a general practitioner or a specialist medical practitioner;

(b) does not extend to the awarding of primary United Kingdom qualifications.

(3) Accordingly, the General Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 4A so far as those functions relate to matters other than specialist matters (as respects those functions so far as relating to specialist matters, see article 19 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order (S.I. 2003/1250)); and for this purpose each of the following is a “specialist matter”—

(a) training to be a general practitioner or specialist medical practitioner;

(b) qualifications as such a practitioner;

(c) practice as such a practitioner.

(4) The bodies and combinations of bodies [F2 included in the list maintained under section 4(1)] are designated as competent authorities in the United Kingdom for the purposes of awarding primary United Kingdom qualifications.

(5) Subject to subsection (6), the Secretary of State may give directions to the General Council in connection with their functions specified in Schedule 4A, and it shall be the duty of the General Council to comply with any such directions.

(6) Directions given under subsection (5) may be as to matters of administration only.

(7) In Schedule 4A, “non-UK medical qualification” means a medical qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom.]

Textual Amendments

F1 S. 49B inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 28

F2 Words in s. 49B(4) substituted (3.11.2008) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 1 para. 16; S.I. 2008/2556, art. 2(1)(a)

50 Default powers of Privy Council. U.K.

(1) If at any time it appears to the Privy Council that—

(a) [F3 the General Council] have failed to secure the maintenance of the prescribed standard of proficiency at examinations; or

(b) [F4 the General Council] ought to exercise any power, perform any duty, or do any act or thing vested in, imposed on or authorised to be done by them, by any provision of this Act except section 7, [F5 10A or] [F6 32(1) to (3), (7) or (9)] F7 ... or paragraph 7 of Schedule 4 to this Act,

the Privy Council may notify their opinion to the General CouncilF8 ....

(2) If the General Council fail to comply with any directions of the Privy Council relating to a notification given under subsection (1) above, the Privy Council may themselves give effect to those directions, and for that purpose may exercise any power vested in the General Council or do any act or thing authorised to be done by that Council and may of their own motion do any act or thing which under this Act they are authorised to do in pursuance of a representation or suggestion from the General Council.

F9 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in s. 50(1)(a) substituted (1.1.2009) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(3), Sch. 1 para. 3(2)(a)

F4 Words in s. 50(1)(b) substituted (1.1.2009) by The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(3), Sch. 1 para. 3(2)(b)

F5 Words in s. 50(1)(b) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 31

F6 Words in s. 50(1)(b) substituted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 74

F7 Words in s. 50(1)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(3) (with Sch. 2)

F8 Words in s. 50(1) omitted (1.1.2009) by virtue of The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(3), Sch. 1 para. 3(2)(c)

F9 S. 50(3) omitted (1.1.2009) by virtue of The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(3), Sch. 1 para. 3(3)

51 Exercise of powers to make Orders in Council and other orders. U.K.

(1) Any power of the Privy Council to make orders under the provisions of this Act F10 ... shall be exercisable by statutory instrument.

(2) Except as provided in subsection (3) below, any statutory instrument containing an Order in Council or order of the Privy Council under any provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F11 (3) Subsection (2) above does not apply to—

F12 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an order of the Privy Council under sectionF13 ... 31(10) above.]

Textual Amendments

F10 Words in s. 51(1) omitted (3.11.2008) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 1 para. 17(a); S.I. 2008/2556, art. 2(1)(a)

F11 S. 51(3) substituted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 32

F12 S. 51(3)(a) omitted (3.11.2008) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 1 para. 17(b); S.I. 2008/2556, art. 2(1)(a)

F13 Words in s. 51(3)(b) omitted (1.1.2009) by virtue of The Medical Profession (Miscellaneous Amendments) Order 2008 (S.I. 2008/3131), art. 1(3), Sch. 1 para. 4

52 Exercise of powers of Privy Council. U.K.

(1) Any power vested in the Privy Council by this Act may be exercised by any two or more of the lords and others of the Council.

(2) Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the clerk of the Council, and an order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council, and an instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.

[F14 52A Annual reports, statistical reports and strategic plans U.K.

(1) The General Council shall publish, by such date in each year as the Privy Council shall specify—

(a) a report on the exercise of their functions which includes a description of the arrangements that the General Council have put in place to ensure that they adhere to good practice in relation to equality and diversity (and for these purposes “equality” and “diversity” have the meanings given in section 8(2) of the Equality Act 2006);

(b) a statistical report which indicates the efficiency and effectiveness of, and which includes a description of, the arrangements which the General Council have put in place to protect members of the public from persons who are provisionally registered or fully registered and whose fitness to practise is impaired, together with the General Council’s observations on the report; and

(c) a strategic plan for the General Council in respect of such number of years as the General Council shall determine.

(2) The General Council shall submit copies of the reports and the plan published under subsection (1) to the Privy Council and the Privy Council shall lay copies of the reports and the plan before each House of Parliament.]

Textual Amendments

F14 S. 52A substituted (1.1.2009) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 1 para. 18; S.I. 2008/2556, art. 2(2)(a)(ii)

53 Proof of certain instruments. U.K.

(1) A copy of any instrument mentioned in subsection (2) below which—

(a) purports to be printed by the Queen's printers, or by any other printers in pursuance of authority given by the General Council, or

(b) is certified to be a true copy by the Registrar or by any other person appointed by the General Council, either in addition to or in place of the Registrar, to certify any such instrument,

shall be admissible in evidence.

(2) The instruments referred to in subsection (1) above are—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) regulations made by the General Council under section 31 or 32 above;

[F16 (c) an order of a Fitness to Practise Panel under section 38 above; and]

(d) a direction of the General Council under section 39 above.

Textual Amendments

F15 S. 53(2)(a) omitted (3.11.2008) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 1 para. 19; S.I. 2008/2556, art. 2(1)(a)

F16 S. 53(2)(c) substituted (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(5) (with Sch. 2)

54 Saving for certain occupations. U.K.

Nothing in this Act shall prejudice or in any way affect the lawful occupation, trade, or business of chemists and druggists and dentists, or the rights, privileges or employment of duly licensed apothecaries in Northern Ireland, so far as the occupation, trade or business extends to selling, compounding or dispensing medicines.

55 Interpretation. U.K.

[F17 (1)] In this Act—

• “acceptable overseas qualification” has the meaning given by [F18 section 21B(2)] above;

• [F19 “acceptable programme for provisionally registered doctors” has the meaning given by section 10A(1) above;]

• “additional qualification” has the meaning given by section 16(2) above;

• F20 ...

• F20 ...

• [F21 “competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

  (a)

  receive or issue evidence of qualifications or other information or documents, or

  (b)

  receive applications and take the decisions referred to in the Directive,

  in connection with the practice of medicine;]

• [F21 “the Directive” has the meaning given by section 5(4) above;]

• F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “disqualifying decision” has the meaning given by section 44(2) above;

• F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F20 ...

• [F24 “exempt person” has the meaning given in section 19(2) above;

• F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F26 “fully registered person” means a person for the time being registered under section 3, 14A, [F27 18A,] 19, 19A, 21B, 27A or 27B above as a fully registered medical practitioner, or under Schedule 2A as a visiting medical practitioner from a relevant European State, and—]

  (a)

  so far as mentioned in subsection (3) of section 15 (including that subsection as applied by section [F28 15A(4), 21 or 21C] above, but not further, includes a person for the time being provisionally registered;

  (b)

  F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  and “fully registered” shall be construed accordingly;

• “the General Council” means the General Medical Council;

• [F30 “the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);]

• [F24 “impaired”, in relation to a person’s fitness to practise, has the meaning given in section 35C(2) above;

• F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “national”, in relation to a [F32 relevant European State], has the same meaning as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;

• “the necessary knowledge of English”, in relation to an applicant for registration under this Act, means the knowledge which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom;

• F20 ...

• F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the prescribed knowledge and skill” has the meaning given by section 5(4) above;

• F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the prescribed standard of proficiency” has the meaning given by section 5(4) above;

• “primary European qualification” shall be construed in accordance with section 17 above;

• “primary United Kingdom qualification” has the meaning given by section 4(3) above;

• [F24 “professional performance” includes a medical practitioner’s professional competence;]

• “provisionally registered” means provisionally registered under section 15 , [F35 15A, 21 or 21C] above;

• “qualification”, except where the context otherwise requires, means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted in respect of any branch or branches of medicine by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place;

• F36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F37 “the register” means the register of medical practitioners;]

• “the Registrar” has the meaning given by section 2(1) above but subject to sub-paragraph (3) of paragraph 16 of Schedule 1 to this Act;

• [F38 “relevant European State” means an EEA State or Switzerland;]

• [F24 “revalidation” has the meaning given in section 29A above;]

• F39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F24 “the statutory committees” has the meaning given in section 1(3A) above;]

[F40 (2) In relation to anything done before the adoption by the Council of Directive 93/16/EEC, references in this Act to [F41 the Directive], or to any provision of [F41 the Directive], shall be construed as references to, or to the corresponding provision of, the following Directives as for the time being amended, namely—

(a) Council Directive No.75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine; and

(b) Council Directive No.75/363/EEC concerning the coordination of provisions in respect of activities of doctors.]

[F42 (3) In relation to anything done—

(a) before the adoption by the Council and the European Parliament of the Directive, but

(b) after the adoption by the Council of Directive 93/16/EEC,

references in this Act to the Directive, or to any provision of the Directive, shall be construed as references to, or to any corresponding provision of, Directive 93/16/EEC as for the time being amended.

(4) In this section, “Directive 93/16/EEC” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ No. L165, 7.7.93, p.1).]]]

Textual Amendments

F17 S. 55 renumbered as s. 55(1) (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(1)

F18 Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 41(a)

F19 Words in s. 55(1) inserted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 33(a)

F20 Words in s. 55(1) omitted (1.1.2009) by virtue of The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(5), Sch. 1 para. 20(b); S.I. 2008/2556, art. 2(2)(a)(ii)

F21 Words in s. 55(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(i)

F22 Words in s. 55(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(ii)

F23 Words in s. 55(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(iii)

F24 Words in s. 55(1) inserted (17.12.2002 for specified purposes, 7.7.2004, 1.11.2004, 8.9.2009 for specified purposes as notified in the London Gazette dated 21.8.2009) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)

F25 Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)

F26 Words in s. 55(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(iv)

F27 Words in s. 55(1) inserted (9.7.2008) by The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (S.I. 2008/1774), art. 1(2)(b), Sch. 1 para. 20(a)

F28 Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 41(b)(ii)

F29 Words in s. 55(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(a)

F30 Words in s. 55(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(v)

F31 Words in s. 55(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(b)

F32 Words in s. 55(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(vi)

F33 Words in s. 55(1) omitted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(c)

F34 Words in s. 55(1) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 33(b)

F35 Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 41(c)

F36 In s. 55(1) definition of "recognised overseas qualification" omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(a) (with transitional provisions in Sch. 2)

F37 Words in s. 55(1) substituted (19.7.2006 for specified purposes, 19.10.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(d)

F38 Words in s. 55(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(vii)

F39 Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)

F40 S. 55(2) inserted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(3)

F41 Words in s. 55(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(b)

F42 S. 55(3)(4) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(c)

56 Consequential amendments, repeals, transitional provisions and savings. U.K.

(1) Schedule 5 (consequential amendments) and Schedule 6 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the Interpretation Act 1978 (which relate to the effect of repeals); and in Schedule 6 “the 1956 Act” and “the M1 1978 Act” mean the M2 Medical Act 1956 and the M3 Medical Act 1978 respectively.

(2) Subject to subsection (1) above, the enactments specified in Part I of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Part of that Schedule.

(3) The instruments specified in Part II of Schedule 7 to this Act are hereby revoked to the extent specified in the third column of that Part, but the re-enactment of Articles 4, 7 and 8 of the M4 Medical Qualifications (EEC Recognition) Order 1977 in provisions of this Act shall be without prejudice to the validity of those Articles, and any question as to the validity of them shall be determined as if the re-enacting provision of this Act were contained in a statutory instrument made under the powers under which that Order was made.

Marginal Citations

M1 1978 c. 30.

M2 1956 c. 76.

M3 1978 c. 12.

M4 S.I. 1977/827.

57 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Medical Act 1983.

(2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) This Act extends to Northern Ireland.