Medical Act 1983

[F1 17 Primary qualifications obtained in other EEA States. U.K.

(1) A primary European qualification for the purposes of this Part of this Act is any of the following obtained in an EEA State other than the United Kingdom, namely—

(a) a European qualification listed in Schedule 2 to this Act which was obtained on or after the implementation date and is not evidence of training commenced before that date;

(b) subject to compliance with subsection (2) below, a qualification obtained before the implementation date, or on or after that date where training of which it is evidence commenced before that date;

(c) subject to compliance with subsection (3) below, a qualification not listed in Schedule 2 to this Act;

(d) subject to compliance with subsection (4) below, a qualification which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.

[F2 (e) subject to compliance with subsection (4A) below, a qualification which—

(i) is evidence of training commenced before the date specified in column (a) of the table in that subsection and undertaken on the territory specified in the corresponding entry in column (b) of that table, or

(ii) was awarded by the state or former state specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).]

(2) For compliance with this subsection in the case of any qualification, either—

(a) it must be such that the Registrar is satisfied with respect to it (by means of a certificate of the medical authorities of the EEA State in which it was obtained or otherwise) that it accords with the standards laid down by Directive 93/16/EEC; or

(b) evidence of it must be accompanied by a certificate of the medical authorities of any EEA State that the holder has effectively and lawfully been engaged in actual medical practice for at least 3 consecutive years during the 5 years preceding the date of the certificate.

(3) For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of the medical authorities of the EEA State in which it was obtained to the effect that—

(a) it was awarded following training which satisfied the requirements of article 23 of Directive 93/16/EEC; and

(b) it is treated by that State as if it were a qualification listed in relation to that State in [F3 Annex A to] that Directive.

(4) For compliance with this subsection in the case of any qualification—

(a) it must be such that the Registrar is satisfied with respect to it (by means of a certificate of the German medical authorities or otherwise) that the holder is entitled by virtue of it to engage in medical practice throughout the territory of Germany on the same conditions as the holder of a German qualification listed in Schedule 2 to this Act; and

(b) evidence of it must be accompanied by a certificate of the German medical authorities that the holder has effectively and lawfully been engaged in actual medical practice in Germany for at least 3 consecutive years during the 5 years preceding the date of the certificate.

[F4 (4A) For compliance with this subsection in the case of any qualification—

(a) it must be such that the Registrar is satisfied with respect to it (by means of a certificate from the medical authorities of the EEA State specified in the appropriate row of column (c) of the table below) that that qualification has, on its territory, the same legal validity as regards access to and practice of the medical profession as the qualification listed in relation to that State in Schedule 2 to this Act; and

(b) evidence of it must be accompanied by a certificate from those authorities stating that the holder has effectively and lawfully been engaged in the activity in question on the territory of that State for at least 3 consecutive years during the 5 years preceding the date of issue of that certificate.

Column (a)	Column (b)	Column (c)
1st January 1993	Former Czechoslovakia	Czech Republic
1st January 1993	Former Czechoslovakia	Slovakia
20th August 1991	Former Soviet Union	Estonia
21st August 1991	Former Soviet Union	Latvia
11th March 1990	Former Soviet Union	Lithuania
25th June 1991	Yugoslavia	Slovenia]

(5) In subsections (2) to [F5 (4A)] above, references to the medical authorities of an EEA State are references to the authorities and bodies designated in accordance with Directive 93/16/EEC.

(6) In this section “the implementation date” means—

(a) in the case of Greece, 1st January 1981;

(b) in the case of Spain and Portugal, 1st January 1986;

(c) in the case of Austria, Finland, Iceland, Norway and Sweden, 1st January 1994;

(d) in the case of Liechtenstein, 1st May 1995; F6 ...

(da) in the case of Switzerland, 1st June 2002; F7 ...

[F8 (db) in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1st May 2004;]

(e) in the case of any other EEA State, 20th December 1976.]

Textual Amendments

F1 S. 17 substituted (10.7.1996) by S.I. 1996/1591, reg. 4(1)

F2 S. 17(1)(e) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), regs. 1(2), 3(5)(a)

F3 Words in s. 17(3)(b) substituted (31.12.2003) by The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 9(4)(a)

F4 S. 17(4A) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), regs. 1(2), 3(5)(b)

F5 Word in s. 17(5) substituted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), regs. 1(2), 3(5)(c)

F6 Word in s. 17(6)(d) omitted (31.12.2003) by virtue of The European Qualifications (Health Care Professions) Regulations 2003 (S.I. 2003/3148), regs. 1(1)(c), 9(4)(b)

F7 Word in s. 17(6)(da) omitted (18.8.2004) by virtue of The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), regs. 1(2), 3(5)(d)(i)

F8 S. 17(6)(db) inserted (18.8.2004) by The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004 (S.I. 2004/1947), regs. 1(2), 3(5)(d)(ii)