The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Amendments to the Medical Act 1983

11.  In section 21B (full registration of persons with an overseas qualification)(1)—

(a) in subsection (1)—

(i) for “subsection (1A)”, substitute “subsections (1A) and (1AA)”;

(ii) for paragraph (a), substitute—

“(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;”;

(iii) for paragraph (d), substitute—

“(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);”;

(b) after subsection (1A), insert—

“(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.”;

(c) after subsection (4), insert—

“(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.”.

(1)

Section 21B was inserted by S.I. 2006/1914. The relevant amendment was made by S.I. 2019/593.