Medical Act 1983

Changes to legislation:

Medical Act 1983, Section 21B is up to date with all changes known to be in force on or before 13 July 2024. 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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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act words substituted by 2005 c. 4 Sch. 11 para. 6

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 29B(2A)-(2C) inserted by S.I. 2008/3131 Sch. 1 para. 9(2)
s. 29B(2A)(a) word substituted by S.I. 2010/234 Sch. 1 para. 2
s. 29B(3A) inserted by S.I. 2008/3131 Sch. 1 para. 9(3)
s. 29E(1)(d) (e) inserted by S.I. 2008/3131 Sch. 1 para. 12(2)(b)
s. 29E(2)(e) (f) inserted by S.I. 2008/3131 Sch. 1 para. 12(3)(b)
s. 29F(1)(d) (e) inserted by S.I. 2008/3131 Sch. 1 para. 14(3)
s. 35C(2)(f)(g) inserted by S.I. 2008/1774 Sch. 1 para. 15 (This amendment not applied to legislation.gov.uk. It was due to come into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47), see art. 1(4). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
s. 35ZA inserted by 2008 c. 14 Sch. 7 para. 4
Sch. 1 para. 1A(1)(b)(iv)(v) inserted by S.I. 2024/374 Sch. 5 para. 1(2)(b)(iii)
Sch. 3B para. 5(d)(e) inserted by S.I. 2008/3131 Sch. 1 para. 19(2)(b)
Sch. 3B para. 6(1)(d) (e) inserted by S.I. 2008/3131 Sch. 1 para. 19(3)(a)(ii)
Sch. 3B para. 6(2)(d) (e) inserted by S.I. 2008/3131 Sch. 1 para. 19(3)(b)(ii)
Sch. 3B para. 7(1)(d) (e) inserted by S.I. 2008/3131 Sch. 1 para. 19(4)(a)(ii)
Sch. 3B para. 7(2)(c) and word inserted by S.I. 2008/3131 Sch. 1 para. 19(4)(b)(ii)

[F121BFull registration of persons with an overseas qualificationU.K.

(1)[F2Subject to [F3subsections (1A) and (1AA)]] where a person satisfies the Registrar—

[F4(a)that the person—

(i)holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification, or

(ii)holds a specified state qualification that is not an acceptable overseas qualification and has met the requirement specified in relation to the person under section 21BA;]

(b)that he possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom;

(c)that his fitness to practise is not impaired; F5... [F6and]

[F7(d)that—

(i)in the case of a person who is not a specified state professional, the person has the necessary knowledge of English; or

(ii)in the case of a person who is a specified state professional, the person has satisfied such requirement as to language skills as is imposed on the person under section 21BA(7);]

F8(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

[F9(1A)Subsection (1)(b) does not apply to a person who makes an application under this section on or after IP completion day in reliance on the holding of a relevant European qualification within subsection (3)(a) or (b).

[F10(1AA)Subsection (1)(b) does not apply in the case of a person who makes an application under this section in reliance on the holding of a specified state qualification and on having met the requirement specified in relation to the person under section 21BA.]

(1B)Subsection (1C) applies instead of subsection (1) in the case of an exempt person who—

(a)has made an application for registration as a fully registered medical practitioner under this section before IP completion day, or

(b)is provisionally registered under section 21C and made the application for that provisional registration before IP completion day.

(1C)Where the exempt person satisfies the Registrar that—

(a)the person holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification,

(b)where—

(i)the acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and

(ii)that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training),

(c)the person possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom, and

(d)the person's fitness to practise is not impaired,

the person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.]

[F11(2)In this Act, an “acceptable overseas qualification” means—

(a)in relation to a person who makes an application for registration on or after IP completion day, a relevant European qualification, or

(b)(whether or not in relation to such a person) any other qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.]

[F12(3)In this section, “relevant European qualification” means—

(a)a primary European qualification under section 17(1)(a) that has not been designated by the General Council for the purposes of this paragraph,

(b)a qualification that is not a primary European qualification under section 17(1)(a) but—

(i)was granted in a relevant European State, and

(ii)demonstrates, in the opinion of the General Council, a comparable level of knowledge, skill and experience to that demonstrated by the means of qualification laid down by section 3(1)(a) (including the programme for provisionally registered doctors), or

(c)a qualification that is not a primary European qualification under section 17(1)(a) and does not fall within paragraph (b) but—

(i)was granted in a relevant European State, and

(ii)demonstrates, in the opinion of the General Council, a comparable level of knowledge and skill to that demonstrated by a primary United Kingdom qualification.

(4)The General Council—

(a)may designate a qualification for the purposes of subsection (3)(a) only with the approval of the Privy Council;

(b)must maintain and publish a list of the qualifications that are so designated.]

[F13(5)The General Council may designate a specified state qualification for the purposes of subsection (3)(a) only where one or more of Conditions 1 to 3 are met.

(6)The General Council may designate that a specified state qualification does not meet the standard in subsection (3)(b)(ii) or (c)(ii) only where one or more of Conditions 1 to 3 are met.

(7)Condition 1 is met where there exists a substantial difference between the knowledge and skill evidenced by the specified state qualification and the prescribed knowledge and skill.

(8) Condition 2 is met where the professional activities to which a primary UK qualification relates include one or more professional activities that cover substantially different matters from those covered by the specified state qualification.

(9)Condition 3 is met where requiring a person who holds the specified state qualification to pass an aptitude test or successfully to complete an adaptation period, or to do both, would amount to requiring the person to acquire a primary United Kingdom qualification.]]

Textual Amendments

F1Ss. 21B, 21C inserted (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), 35(2) (with art. 86)

F2Words in s. 21B(1) inserted (31.12.2020) by The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 15(2)(a) (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)