The Postgraduate Medical Education and Training Board (Fees) Rules Order 2005

Statutory Instruments

2005 No. 1872

HEALTH CARE AND ASSOCIATED PROFESSIONS

DOCTORS

The Postgraduate Medical Education and Training Board (Fees) Rules Order 2005

Made

29th June 2005

Laid before Parliament

15th July 2005

Coming into force

30th September 2005

Whereas in exercise of its powers under article 24 and 25(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(1) (“the Order”), and of all other powers enabling it in that behalf, the Postgraduate Medical Education and Training Board has made the Postgraduate Medical Education and Training Board (Fees) Rules 2005 as set out in the Schedule to this Order:

And whereas by article 25(2) of the Order, such Rules shall not come into force until approved by Order of the Secretary of State:

And whereas the Secretary of State is required to consult the Scottish Ministers, the Department of Health, Social Services and Public Safety in Northern Ireland and the National Assembly for Wales before giving that approval:

Now therefore, the Secretary of State, having so consulted, and having taken the Rules into consideration, is pleased to, and does hereby, approve them.

This Order may be cited as the Postgraduate Medical Education and Training Board (Fees) Rules Order 2005 and shall come into force on 30th September 2005.

Singed by authority of the Secretary of State for Health

Warner

Minister of State,

Department of Health

29 June 2005

SCHEDULE THE POSTGRADUATE MEDICAL EDUCATION AND TRAINING BOARD (FEES) RULES 2005

The Postgraduate Medical Education and Training Board in exercise of the powers conferred on it by articles 24 and 25(1) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003(2), and of all other powers enabling it in that behalf, hereby makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Postgraduate Medical Education and Training Board (Fees) Rules 2005 and shall come into force on 30th September 2005.

Interpretation

2.—(1) In these Rules—

“Application” means the processing of, and the making of a determination in respect of, the application;

“Oral Appeal” means an appeal determined after an oral hearing;

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

“Original Decision” means a decision of the Board under article 8(1), article 11(6) or article 14(10) which is not a Subsequent Decision;

“relevant date” has the meaning given to it in paragraph 1(b) of Schedule 8 to the Order;

“Re-submitted Application” means an application submitted by a person to the Board pursuant to—

(a)

article 8(1) where the Board has previously issued to that person an Original Decision under that article;

(b)

article 11(3), where the Board has previously issued to that person an Original Decision under article 11(6); or

(c)

article 14(4) or (5), where the Board has previously issued to that person an Original Decision under article 14(10),

where that application is received by the Board within the period of three years beginning with the date of the Board’s Original Decision, regardless of whether that application includes a request for a statement of eligibility for registration pursuant to article 11(7) or 14(11) (as the case may be);

“Review” means a review of—

(a)

an Original or a Subsequent Decision; or

(b)

a decision of the Board in respect of an application for a certificate of acquired rights under article 12(3) of the Order,

as provided for in the Postgraduate Medical Education and Training Board (Award of Certificates) Rules 2005(3);

“Subsequent Decision” means a decision of the Board under article 8(1), article 11(6) or article 14(10) made pursuant to a Re-submitted Application; and

“Written Appeal” means an appeal determined without an oral hearing.

(2) Any reference in these Rules to a numbered article is a reference to the article bearing that number in the Order.

Fees to be charged by the Board

3.  In respect of each function identified in column 2 of the table in the Schedule, the Board shall charge a fee of the applicable amount set out in the corresponding entry in column 3 of that table.

SCHEDULE

(1)	(2) Service provided by the Board	(3) Fee payable	(4) Relevant article of the Order
1	Application for the award of a CCT in a specialty listed in Schedule 3 to the Order, including pursuant to the competent authority functions of the Board	£250 £100 in respect of a Re-submitted Application or a Review	article 8(1), article 8(4) and article 20(3)(a)
2	Application for the award of a CCT in general practice	£250 £100 in respect of a Re-submitted Application or a Review	article 8(1) and article 8(4)
3	Application for a determination that training or qualifications, or both when considered together, are equivalent to a CCT in general practice, including issuing a statement of eligibility for registration if so requested	£700 £500 in respect of a Re-submitted Application or a Review	article 11(3) and article 11(7)
4	Application for a certificate of acquired rights to practise as a general practitioner	£250 £125 in respect of a Review	article 12(3)
5	Application for a determination that an applicant has a particular expertise in a field within a specialty	£20	article 13(4)(b) and (5)
6	Application for a determination that specialist training or specialist qualifications in a specialty listed in Schedule 3 to the Order, or both when considered together, are equivalent to a CCT in the specialty in question, including issuing a statement of eligibility for registration if so requested	£700 £500 in respect of a Re-submitted Application or a Review	article 14(4) and article 14(11)
7	Application for a determination that— (a) specialist training undertaken or specialist qualifications awarded outside the United Kingdom in a medical specialty not listed in Schedule 3 to the Order; or (b) knowledge of or experience in a medical specialty derived from academic or research work has given a person a level of knowledge and skill consistent with practice as a consultant in the National Health Service, including issuing a statement of eligibility for registration if so requested	£700 £500 in respect of a Re-submitted Application or a Review	article 14(5) and article 14(11)
8	Application for a duplicate copy of any certificate issued by the STA, the JCPTGP or the Board	£10	article 24(1)
9	Application for a certificate relating to training in the United Kingdom in certain specialties	£150	article 20(1)(b)
10	Application for a certificate to a person holding specialist qualifications not satisfying the requirements of the Directive, awarded following training begun before the relevant date referred to in article 15(2), by the United Kingdom, or where the person holding that qualification has practised that specialty in the United Kingdom	£250	article 20(3)(b)
11	Application for a certificate of fulfilment of Directive training requirements in respect of qualifications which do not conform with the designations set out in the Directive	£150	article 20(3)(c)
12	Application to an Appeal Panel for the determination of an appeal against a decision of the Board	£1000 (Written Appeal) £1500 (Oral Appeal)	article 21(1)
13	Application for a CCST in accordance with article 6 of the ESMQO 1995 where a person has applied to the STA for a CCST and the application has not been determined before the relevant date (unless the fee prescribed by the STA has previously been paid to the STA in respect of that application)	£250	Paragraph 11(a) of Schedule 8 to the Order
14	Application for the determination of an appeal against a refusal by the Board to award a CCST in accordance with article 13(1) of the ESMQO 1995	£500 (Written Appeal) £1000 (Oral Appeal)	Paragraph 11(b) of Schedule 8 to the Order
15	Application for a determination of eligibility for entry to the specialist register in accordance with article 9(2) or (3) of the ESMQO 1995 where a person has applied to the STA and the application has not been determined before the relevant date (unless the fee prescribed by the STA has previously been paid to the STA)	£250	Paragraph 12(a) of Schedule 8 to the Order
16	Application for the determination of any appeal against a decision of the Board under article 9(2) or (3) of the ESMQO 1995	£500 (Written Appeal) £1000 (Oral Appeal)	Paragraph 12(b) of Schedule 8 to the Order
17	Application for the determination of an appeal against a decision of the STA, lodged before the relevant date, to be determined in accordance with the relevant article of the ESMQO 1995 (unless the fee prescribed by the STA has previously been paid to the STA in respect of that application)	£500 (Written Appeal) £1000 (Oral Appeal)	Paragraph 14 of Schedule 8 to the Order
18	Application for the performance of a competent authority function of the STA where a person has applied to the STA and the application had not been finally dealt with by the STA before the relevant date (unless the fee prescribed by the STA has already been paid to the STA in respect of that application before the relevant date)	£250	Paragraph 13 of Schedule 8 to the Order and articles 20(3)(b) and (c)

Peter Rubin

Chair of the Postgraduate Medical Education and Training Board

This seventeenth day of June 2005

Explanatory Note

(This note is not part of the Order)

This Order, which is made under the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, approves Rules made by the Postgraduate Medical Education and Training Board (“the Board”). The Rules approved prescribe the fees that are payable to the Board in respect of the exercise by the Board of certain of its functions. The functions in respect of which fees are payable include—

(a) issuing Certificates of Completion of Training for general practitioners and specialists;

(b) applications to the Board to determine whether certain persons not holding Certificates of Completion of Training have met particular standards of equivalence; and

(c) appeals against decisions of the Board.

(1)

S.I. 2003/1250, as amended by S.I. 2004/865, 1947, 2261, 3038 and S.R. 2004/156.

(2)

S.I. 2003/1250, as amended by S.I. 2004/865, 1947, 2261, 3038 and S.R. 2004/156.

(3)

These Rules come into force in part on 1st July 2005, and the remainder on 30th September 2005. The Rules are available from the Postgraduate Medical Education and Training Board’s website - www.pmetb.org.uk.