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Medical Act 1983, Section 17 is up to date with all changes known to be in force on or before 08 September 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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(1)A primary European qualification for the purposes of this Part of this Act is any of the following obtained in [F4a relevant European State] F5..., namely—
[F6(a)a qualification listed in Annex V, point 5.1.1 of the Directive which was obtained in a relevant European State on or after the reference date and is not evidence of training commenced by the holder before that date, provided that that qualification is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”;
(b)subject to compliance with subsection (2) below, a qualification listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;
(ba)subject to compliance with subsection (2A) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained on or after the reference date and is not evidence of training commenced by the holder before that date;
(c)subject to compliance with subsection (3) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;]
(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.
[F7(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 [F8the former state] specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).]
[F9(2)For compliance with this subsection in the case of any qualification, either—
(a)evidence of the qualification must be—
(i)such that the Registrar is satisfied (by means of a certificate of a competent authority of the relevant European State in which it was obtained or otherwise) that it accords with the standards laid down by article 24 of the Directive (basic medical training), and
(ii)accompanied, where appropriate, by the certificate listed in relation to the State in which the qualification was obtained in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; or
(b)evidence of the qualification must be accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in medical practice in that State for at least three consecutive years during the five years preceding the date of the certificate.
(2A)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of a competent authority of the relevant European State in which it was obtained to the effect that—
(a)it is evidence of training which satisfies the requirements of article 24 of the Directive; and
(b)it is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.1 of the Directive.
(3)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate such as is described in—
(a)subsection (2)(b); or
(b)subsection (2A).]
(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 [F10a competent authority of Germany] 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 [F11Annex V, point 5.1.1 of the Directive]; and
(b)evidence of it must be accompanied by a certificate of [F12a competent authority of Germany] 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.
[F13(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 [F14a competent authority of the relevant European 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 [F15Annex V, point 5.1.1 of the Directive]; and
(b)evidence of it must be accompanied by a certificate from [F16a competent authority of that State] 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 | [F17Former Yugoslavia] | Slovenia] |
[F188th October 1991 | Former Yugoslavia | Croatia] |
F19(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F20(6)In this section, “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.1 of the Directive.]]
Textual Amendments
F1S. 17 substituted (10.7.1996) by S.I. 1996/1591, reg. 4(1)
F2Word in s. 17 heading omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 10(2) (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)
F3Words in s. 17 heading substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(2)
F4Words in s. 17(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(3)(a)
F5Words in s. 17(1) omitted (31.12.2020) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593), reg. 1(2), Sch. 1 para. 10(3) (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)
F6S. 17(1)(a)(b)(ba)(c) substituted for s. 17(1)(a)-(c) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(3)(b)
F7S. 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)
F8Words in s. 17(1)(e)(ii) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(3)(c)
F9S. 17(2)(2A)(3) substituted for s. 17(2)(3) (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(4)
F10Words in s. 17(4)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(5)(b)
F11Words in s. 17(4)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(5)(a)
F12Words in s. 17(4)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(5)(b)
F13S. 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)
F14Words in s. 17(4A)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(6)(a)(i)
F15Words in s. 17(4A)(a) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(6)(a)(ii)
F16Words in s. 17(4A)(b) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(6)(b)
F17Words in s. 17(4A) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(6)(c)
F18Words in s. 17(4A) table inserted (31.12.2013) by The European Qualifications (Health Care Professions) (Croatia Accession Amendment) Regulations 2013 (S.I. 2013/3036), regs. 1(1), 2
F19S. 17(5) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(7)
F20S. 17(6) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 11(8)
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