Medical Act 1983

Changes over time for: Section 11

Version Superseded: 01/08/2007

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Medical Act 1983, Section 11 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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11 Provisions supplementary to s. 10, etc.E+W+S

[F1(1)Subsections (2) to (4) below shall have effect for the construction of section 10 above and the following provisions of this Part of this Act.

(2)References to a person’s examining body shall be construed as follows—

(a)where he claims registration by virtue of a qualification granted on passing an examination held by two or more bodies jointly, such references shall be construed as references to those bodies acting jointly;

(b)subject as aforesaid, such references shall be construed as references to the body granting the qualification by virtue of which he claims registration or, where he is entitled to claim registration by virtue of two or more qualifications, such references shall be construed as references to the body granting such of those qualifications as he may choose.

(3)References to employment in a resident medical capacity shall be construed as references to employment in the practice of any branch of medicine prescribed for the purposes of section 10 above where [F2—

(a)in the case of an approved hospital or an approved institution,]

the person employed is resident in the hospital or institution where he is employed or conveniently near to it and is by the terms of his employment required to be so resident [F3; or.

(b)in the case of an approved medical practice, the person employed satisfies such conditions as to residence as may be prescribed]

(4)In the provisions mentioned in subsection (1) above—

“approved” [F4(except in subsection (5)] means approved for the time being for the purposes of this section by any university or other body specified in section 4(3) above as providing experience required by one or more prescribed patterns of experience; and
[F5“medical practice” means a prescribed description of practice in which one or more medical practitioners—
(za)
[F6perform primary medical services under [F7the National Health Service Act 2006 or the National Health Service (Wales) Act 2006] [F8or Part 1 of the National Health Service (Scotland) Act 1978] ; or]
(a)
[F9perform primary medical services under Article 15B or] F10... F11... Part VI of the M1Health and Personal Social Services (Northern Ireland) Order 1972; or
(b)
F12...]
“prescribed” (except in the expression “prescribed pattern of experience”) means [F13—
(a)
in subsection (3)(b) and in the definition of “medical practice”, prescribed by regulations made by the Secretary of State; and
(b)
in the other provisions of this Part,]
prescribed by regulations of the Education Committee.

[F14(4A)The Education Committee may by regulations provide that the period of employment in a medical practice which may be reckoned towards the completion of any of the periods mentioned in section 10(3)(a) above shall not exceed such period as may be specified in the regulations.]

[F15(5)In making regulations under subsection (2) of section 10 above [F16or under subsection (4A) of this section], the Education Committee shall have regard to the requirements of article 23 of Directive 93/16/EEC; and such regulations shall not have effect until approved by order of the Privy Council.]

(6)The Privy Council may approve regulations of the Education Committee made under subsection (2) of section 10 above either as submitted to them or with such modifications as appear to them requisite; but where the Privy Council propose to approve any regulations under that subsection subject to modifications they shall notify to the Education Committee the modifications they propose to make and consider any observations of the Committee on the proposed modifications.

[F17(7)Regulations made by the Secretary of State under this section must be made by statutory instrument; and such a statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1S. 11 repealed (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), 23

F2S. 11(3)(a) and the preceding dash inserted (1.4.1998) by 1997 c. 46, s. 35(3); S.I. 1998/631, art. 2(a), Sch.

F3S. 11(3)(b) and preceding word inserted (1.4.1998) by 1997 c. 46, s. 35(3); S.I. 1998/631, art. 2(a), Sch.

F4Words in s. 11(4) substituted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 61(2); S.I. 1998/631, art. 2(b), Sch.

F5Definition in s. 11(4) inserted (1.4.1998) by 1997 c. 46, s. 35(4)(a); S.I. 1998/631, art. 2(a), Sch.

F6Words in s. 11(4) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 11 para. 48(a); S.I. 2004/288, art. 5(2)(s) (as amended by S.I. 2004/866 and S.I. 2005/2925); S.I. 2004/480, arts. 4(2)(w), 5(2)(f) (as amended by S.I. 2004/1019 and S.I. 2006/345)