Part III Registration of Persons Qualifying Overseas

F119 Full registration of EEA nationals etc. by virtue of overseas primary qualifications etc.

F37A1

Subsection (1) applies only in relation to an exempt person—

a

who has made an application, before IP completion day, for registration under this section, or

b

who is provisionally registered under section 21.

1

Where an exempt person satisfies the Registrar—

a

that he holdsF10, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification other than a primary European qualification;

F28aa

that, where—

i

that 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,

the 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);

F11b

that, in the course of or as an adjunct to practice in the United Kingdom or elsewhere, he has undergone medical training and acquired clinical experience, over a period acceptable to the General Council, which has provided him with a foundation for future practice as a fully registered medical practitioner which is at least as good as the foundation provided by an acceptable programme for provisionally registered doctors; and

F26c

that his fitness to practise is not impaired,

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

F291A

Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.

F382

In this Act “exempt person” means—

a

a person who, immediately before IP completion day, was a national of a relevant European State,

b

a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or

c

a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State.

3

In determining an application by any person for registration under this section, the General Council shall take into account—

F30a

if the applicant holds a medical qualification which was granted otherwise than in a relevant European State, but has been accepted by a relevant European State F39... as qualifying him to practise as a medical practitioner in that State, the acceptance of that qualification; and

b

all medical qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application.

F124

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19AF27Full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State F43...

An exempt person—

F44za

who has made an application for registration under this section before IP completion day,

a

whose case falls within regulation F343(8)(e) of the General Systems Regulations,

b

to whom regulations F3527 to 34 of those Regulations apply by reason of the operation of regulation F363(5) of those Regulations,

c

who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and

d

whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.

20 Experience required for full registration by virtue of recognised overseas qualifications.

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21 Provisional registration F13of EEA nationals etc. with certain overseas qualifications.

F141

The following provisions shall have effect for enabling persons wishing to satisfy the Registrar of the matters specified in section 19(1)(b) above to participate in an acceptable programme for provisionally registered doctors.

F502

Where a person—

a

has made an application to the General Council, before IP completion day, to be provisionally registered under this section, and

b

satisfies the Registrar of the matters specified in paragraphs (a), (aa) and (c) of section 19(1),

the person shall, if the Council think fit so to direct, be provisionally registered under this section.

F32A

Subsection (3) of section 19 above applies in relation to an application for registration under this section as it applies in relation to an application for registration under that section.

F153

A person provisionally registered under this section shall be deemed to be registered under section 19 above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

F2121A Full registration for eligible specialists and qualified general practitioners

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21BF22Full registration of persons with an overseas qualification

1

F57Subject to F52subsections (1A) and (1AA) where a person satisfies the Registrar—

F53a

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; F31... F47and

F54d

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);

F48e

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

F451A

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).

F551AA

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.

F492

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.

F463

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.

F565

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.

21BAF51Further provision relating to the registration of specified state professionals

1

This section applies where a specified state professional applies to be registered under section 21B and the person’s specified state qualification is not an acceptable overseas qualification.

2

This section does not apply if the specified state qualification is not an acceptable overseas qualification because Condition 3 is met in relation to it (see section 21B(9)).

3

Where this section applies, the General Council must specify what aptitude test or adaptation period, or aptitude test and adaptation period, must be passed or successfully completed by the person.

4

An aptitude test or adaptation period specified under this section, or an aptitude test and adaptation period together specified under this section, must be proportionate to the difference sought to be addressed.

5

The General Council must give a person their reasons for specifying an aptitude test or an adaptation period, or both, in relation to the person under this section, if the person makes a written request for them.

6

If the General Council specify aptitude tests in relation to persons under this section, the Council must ensure that such tests are scheduled with reasonable frequency and at least once a year.

7

The General Council may require a specified state professional who wishes to be registered under section 21B to demonstrate that the person possesses the language skills necessary to the practice of a fully registered medical practitioner.

8

A language test required by the General Council under subsection (7) must be proportionate to the level of language skills referred to in that subsection.

21CProvisional registration of persons with an overseas qualification

1

The following provisions shall have effect for enabling persons wishing to participate in programmes for provisionally registered doctors in order to be able to satisfy the Registrar, in accordance with section 21B(1)(b) F42or (1C)(c), that they possess the knowledge, skills and experience necessary for practising as fully registered medical practitioners in the United Kingdom.

2

A person who satisfies the Registrar—

F32a

of the matters specified in paragraphs (a), (c), F41and (d) of subsection (1) of section 21B above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection; and

b

that he possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

may apply to the General Council to be provisionally registered under this section and, if the Council think fit so to direct, that person shall be so registered.

F402A

Subsection (2)(b) does not apply to a person who makes an application under this section on or after IP completion day and who—

a

has passed all of the qualifying examinations necessary for obtaining (but does not hold) a relevant European qualification within section 21B(3)(a) or (b), or

b

holds, or has passed all of the qualifying examinations necessary for obtaining, a relevant European qualification within section 21B(3)(c).

2B

Where an exempt person has made an application to the General Council, before IP completion day, to be provisionally registered under this section and satisfies the Registrar—

a

of the matters specified in paragraphs (a), (b) and (d) of section 21B(1C) above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection, and

b

that the person possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

the person shall, if the Council think fit so to direct, be provisionally registered under this section.

3

A person provisionally registered under this section shall be deemed to be registered under section 21B above as a fully registered medical practitioner so far as is necessary to enable him to participate in an acceptable programme for provisionally registered doctors but not further.

F1622 Limited registration of persons by virtue of overseas qualifications.

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F1723 Limited registration: supplementary provisions.

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F1824 Limited registration: erasure.

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F1925 Full registration of persons with limited registration.

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26 Registration of qualifications.

1

A person registered under section F419, F3319A,F2321, 21B or 21C above shall be entitled to have registered the F5acceptable overseas qualification which he holds when he is so registered and also—

F6a

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b

F7subject to subsection (3) below, any overseas qualification which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter;

c

subject to subsection (3) below, any additional qualification which the General Council determine ought to be registrable by virtue of this paragraph which he holds when he is registered or obtains thereafter; and

d

any primary United Kingdom qualification or primary European qualification which he holds when he is registered or obtains thereafter.

F202

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3

If the General Council determine that any such qualification as is mentioned in paragraph (b) or (c) of subsection (1) above ought not to be registrable by virtue of that paragraph if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date.

27AF25Temporary registration for visiting eminent specialists

1

A person who is an eminent specialist in a particular branch of medicine and who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services within that branch of medicine may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

2

If the person referred to in subsection (1) satisfies the Registrar—

a

that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

b

that he is entitled to practise medicine in the State where he is ordinarily resident;

c

that he is or will be employed or engaged within the United Kingdom to provide medical services in a particular branch of medicine;

d

that he is an eminent specialist in that particular branch of medicine; and

e

that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to any conditions specified in the direction, for such period (being no more than 26 weeks) as they specify in the direction.

3

The General Council may, if they think fit so to direct, vary the conditions specified in the direction and, subject to subsection (4), may extend the period specified in the direction for which the person is registered under this section.

4

A person may not be registered under this section for more than 26 weeks in any period of five years.

5

A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

6

If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

a

is to be treated as not being done by a registered medical practitioner; and

b

may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

27BSpecial purpose registration

1

A person who is or intends to be in the United Kingdom temporarily for the purposes of providing particular medical services exclusively to persons who are not nationals of the United Kingdom may apply to the General Council to be registered temporarily as a fully registered medical practitioner.

2

If the person referred to in paragraph (1) satisfies the Registrar—

a

that he holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification;

b

that he is entitled to practise medicine in the State where he is ordinarily resident;

c

that he is or will be employed or engaged within the United Kingdom—

i

at an establishment that provides medical services for persons who are not nationals of the United Kingdom, and

ii

to provide particular medical services, but only for persons who are not nationals of the United Kingdom; and

d

that his fitness to practise is not impaired,

that person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner, subject to the conditions specified in the direction, for such period as they specify in the direction.

3

The conditions that the General Council specifies in any direction under subsection (2) are to comprise or include—

a

a condition that the person shall, except in an emergency, provide medical services within the United Kingdom only to persons who are not nationals of the United Kingdom; and

b

a condition that the person shall, except in an emergency, provide only the particular medical services which are specified in the direction, whilst he is in the United Kingdom.

4

The General Council may, if they think fit so to direct, vary the conditions in the direction (but not in such a way that the requirements of subsection (3) are no longer met) and may extend the period specified in the direction for which the person is registered under this section.

5

A person’s registration under this section shall cease to have effect on the expiry of the period for which he is registered.

6

If a person breaches any condition to which his registration under this section is subject, anything done by him in breach of that condition—

a

is to be treated as not being done by a registered medical practitioner; and

b

may be treated as misconduct for the purposes of section 35C(2)(a) below, and the Registrar may refer the matter to the Investigation Committee for investigation by them under section 35C(4) below.

F2427 Temporary full registration for visiting overseas specialists.

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F828 The Review Board for Overseas Qualified Practitioners.

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F929 Functions of the Review Board.

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