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Medical Act 1983, Part VII 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)The General Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the medical profession.
(2)The designation under subsection (1)—
(a)does not extend to matters relating to training to be, or qualifications or practice as, a general practitioner or a specialist medical practitioner;
(b)does not extend to the awarding of primary United Kingdom qualifications.
(3)Accordingly, the General Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 4A so far as those functions relate to matters other than specialist matters (as respects those functions so far as relating to specialist matters, see article 19 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order (S.I. 2003/1250)); and for this purpose each of the following is a “specialist matter”—
(a)training to be a general practitioner or specialist medical practitioner;
(b)qualifications as such a practitioner;
(c)practice as such a practitioner.
(4)The bodies and combinations of bodies specified in section 4(2) are designated as competent authorities in the United Kingdom for the purposes of awarding primary United Kingdom qualifications.
(5)Subject to subsection (6), the Secretary of State may give directions to the General Council in connection with their functions specified in Schedule 4A, and it shall be the duty of the General Council to comply with any such directions.
(6)Directions given under subsection (5) may be as to matters of administration only.
(7)In Schedule 4A, “non-UK medical qualification” means a medical qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom.]
Textual Amendments
F1S. 49B inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 28
(1)If at any time it appears to the Privy Council that—
(a)the Education Committee have failed to secure the maintenance of the prescribed standard of proficiency at examinations; or
(b)the General Council or the Education Committee ought to exercise any power, perform any duty, or do any act or thing vested in, imposed on or authorised to be done by them, by any provision of this Act except section 7, [F210A or] [F332(1) to (3), (7) or (9)] F4... or paragraph 7 of Schedule 4 to this Act,
the Privy Council may notify their opinion to the General Council or that Committee as the case requires.
(2)If the General Council fail to comply with any directions of the Privy Council relating to a notification given under subsection (1) above, the Privy Council may themselves give effect to those directions, and for that purpose may exercise any power vested in the General Council or do any act or thing authorised to be done by that Council and may of their own motion do any act or thing which under this Act they are authorised to do in pursuance of a representation or suggestion from the General Council.
(3)Subsection (2) above shall apply to the Education Committee as it applies to the General Council.
Textual Amendments
F2Words in s. 50(1)(b) substituted (19.7.2006 for specified purposes, 1.8.2007 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), 31
F3Words in s. 50(1)(b) substituted (19.7.2006 for specified purposes, 13.6.2007 in so far as not already in force as notified in the London Gazette dated 18.5.2007) by The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 74
F4Words in s. 50(1)(b) omitted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(3) (with Sch. 2)
(1)Any power of the Privy Council to make orders under the provisions of this Act (except section 9(2) and (5)) shall be exercisable by statutory instrument.
(2)Except as provided in subsection (3) below, any statutory instrument containing an Order in Council or order of the Privy Council under any provision of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F5(3)Subsection (2) above does not apply to—
(a)an Order in Council under section 8(2) above; or
(b)an order of the Privy Council under section 10A(3) or 31(10) above.]
Textual Amendments
F5S. 51(3) substituted (19.7.2006 for specified purposes, 1.8.2007 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), art. 1(2)(b)(c)(3), 32
(1)Any power vested in the Privy Council by this Act may be exercised by any two or more of the lords and others of the Council.
(2)Any act of the Privy Council under this Act shall be sufficiently signified by an instrument signed by the clerk of the Council, and an order or act signified by an instrument purporting to be signed by the clerk of the Council shall be deemed to have been duly made or done by the Privy Council, and an instrument so signed shall be received in evidence in all courts and proceedings without proof of the authority or signature of the clerk of the Council or other proof.
(1)The General Council shall publish at least once in each calender year a statistical report which indicates the efficiency and effectiveness of the arrangements the Council has put in place to protect the public from persons whose fitness to practise is impaired, together with the General Council’s observations on the report.
(2)The General Council—
(a)within such time as may be specified by the Privy Council, shall submit a report to it on the General Council’s exercise of its functions during the period specified by the Privy Council; and
(b)thereafter shall submit such a report once in each year in respect of the period since its last such report.
(3)The Privy Council shall lay before each House of Parliament a copy of the report submitted by the Council under subsection (2) above.]
Textual Amendments
F6S. 52A inserted (1.7.2003 as notified in the London Gazette dated 1.7.2003) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(4) (with Sch. 2)
(1)A copy of any instrument mentioned in subsection (2) below which—
(a)purports to be printed by the Queen's printers, or by any other printers in pursuance of authority given by the General Council, or
(b)is certified to be a true copy by the Registrar or by any other person appointed by the General Council, either in addition to or in place of the Registrar, to certify any such instrument,
shall be admissible in evidence.
(2)The instruments referred to in subsection (1) above are—
(a)any order of the Privy Council under section 9 above;
(b)regulations made by the General Council under section 31 or 32 above;
[F7(c)an order of a Fitness to Practise Panel under section 38 above; and]
(d)a direction of the General Council under section 39 above.
Textual Amendments
F7S. 53(2)(c) substituted (1.11.2004 as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 15(5) (with Sch. 2)
Nothing in this Act shall prejudice or in any way affect the lawful occupation, trade, or business of chemists and druggists and dentists, or the rights, privileges or employment of duly licensed apothecaries in Northern Ireland, so far as the occupation, trade or business extends to selling, compounding or dispensing medicines.
[F8(1)]In this Act—
“acceptable overseas qualification” has the meaning given by [F9section 21B(2)] above;
[F10“acceptable programme for provisionally registered doctors” has the meaning given by section 10A(1) above;]
“additional qualification” has the meaning given by section 16(2) above;
“appointed member” means a member of the General Council chosen by a university or other body designated as an appointing body by an Order in Council under section 1 above;
“appointing body” means a university or other body having, by virtue of an Order in Council under section 1 above, power to choose an appointed member or members of the General Council;
[F11“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—
receive or issue evidence of qualifications or other information or documents, or
receive applications and take the decisions referred to in the Directive,
in connection with the practice of medicine;]
[F11“the Directive” has the meaning given by section 5(4) above;]
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“disqualifying decision” has the meaning given by section 44(2) above;
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“elected member” means a member of the General Council elected under paragraph 2 of Schedule 1 to this Act;
[F14“exempt person” has the meaning given in section 19(2) above;]
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F16“fully registered person” means a person for the time being registered under section 3, 14A, 19, 19A, 21B, 27A or 27B above as a fully registered medical practitioner, or under Schedule 2A as a visiting medical practitioner from a relevant European State, and—]
and “fully registered” shall be construed accordingly;
“the General Council” means the General Medical Council;
[F19“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);]
[F20“impaired”, in relation to a person’s fitness to practise, has the meaning given in section 35C(2) above;]
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“national”, in relation to a [F22relevant European State], has the same meaning as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;
“the necessary knowledge of English”, in relation to an applicant for registration under this Act, means the knowledge which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom;
“nominated member” means a member of the General Council nominated by Her Majesty under paragraph 4 of Schedule 1 to this Act;
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the prescribed knowledge and skill” has the meaning given by section 5(4) above;
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the prescribed standard of proficiency” has the meaning given by section 5(4) above;
“primary European qualification” shall be construed in accordance with section 17 above;
“primary United Kingdom qualification” has the meaning given by section 4(3) above;
[F25“professional performance” includes a medical practitioner’s professional competence;]
“provisionally registered” means provisionally registered under section 15 , [F2615A, 21 or 21C] above;
“qualification”, except where the context otherwise requires, means any diploma, degree, fellowship, membership, licence, authority to practise, letters testimonial, certificate or other status or document granted in respect of any branch or branches of medicine by any university, corporation, college or other body or by any department of, or persons acting under the authority of, the government of any country or place;
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F28“the register” means the register of medical practitioners;]
“the Registrar” has the meaning given by section 2(1) above but subject to sub-paragraph (3) of paragraph 16 of Schedule 1 to this Act;
[F29“relevant European State” means an EEA State or Switzerland;]
[F30“revalidation” has the meaning given in section 29A above;]
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F32“the statutory committees” has the meaning given in section 1(3A) above;]
[F33(2)In relation to anything done before the adoption by the Council of Directive 93/16/EEC, references in this Act to [F34the Directive], or to any provision of [F34the Directive], shall be construed as references to, or to the corresponding provision of, the following Directives as for the time being amended, namely—
(a)Council Directive No.75/362/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine; and
(b)Council Directive No.75/363/EEC concerning the coordination of provisions in respect of activities of doctors.]
[F35(3)In relation to anything done—
(a)before the adoption by the Council and the European Parliament of the Directive, but
(b)after the adoption by the Council of Directive 93/16/EEC,
references in this Act to the Directive, or to any provision of the Directive, shall be construed as references to, or to any corresponding provision of, Directive 93/16/EEC as for the time being amended.
(4)In this section, “Directive 93/16/EEC” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ No. L165, 7.7.93, p.1).]
Textual Amendments
F8S. 55 renumbered as s. 55(1) (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(1)
F9Words in s. 55(1) substituted (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), 41(a)
F10Words in s. 55(1) inserted (19.7.2006 for specified purposes, 1.8.2007 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), art. 1(2)(b)(c)(3), 33(a)
F11Words in s. 55(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(i)
F12Words in s. 55(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(ii)
F13Words in s. 55(1) omitted (3.12.2007) by virtue of The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(iii)
F14Words in s. 55(1) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)
F15Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)
F16Words in s. 55(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(iv)
F17Words in s. 55(1) substituted (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), 41(b)(ii)
F18Words in s. 55(1) omitted (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 virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(a)
F19Words in s. 55(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(v)
F20Words in s. 55(1) inserted (7.7.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)
F21Words in s. 55(1) omitted (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 virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(b)
F22Words in s. 55(1) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(vi)
F23Words in s. 55(1) omitted (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 virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 15(c)
F24Words in s. 55(1) omitted (19.7.2006 for specified purposes, 1.8.2007 in so far as not already in force as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), art. 1(2)(b)(c)(3), 33(b)
F25Words in s. 55(1) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)
F26Words in s. 55(1) substituted (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), 41(c)
F27In s. 55(1) definition of "recognised overseas qualification" omitted (17.12.2002) by virtue of The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(a) (with transitional provisions in Sch. 2)
F28Words in s. 55(1) substituted (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), 15(d)
F29Words in s. 55(1) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(a)(vii)
F30Words in s. 55(1) inserted (17.12.2002) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)
F31Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)
F32Words in s. 55(1) inserted (17.12.2002 for specified purposes, 7.7.2004 for specified purposes as notified in the London Gazette dated 2.7.2004, 1.11.2004 for specified purposes as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(h), 15(6)(c) (with Sch. 2)
F33S. 55(2) inserted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(3)
F34Words in s. 55(2) substituted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(b)
F35S. 55(3)(4) inserted (3.12.2007) by The European Qualifications (Health and Social Care Professions) Regulations 2007 (S.I. 2007/3101), regs. 1(2), 29(c)
(1)Schedule 5 (consequential amendments) and Schedule 6 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the Interpretation Act 1978 (which relate to the effect of repeals); and in Schedule 6 “the 1956 Act” and “the M11978 Act” mean the M2Medical Act 1956 and the M3Medical Act 1978 respectively.
(2)Subject to subsection (1) above, the enactments specified in Part I of Schedule 7 to this Act are hereby repealed to the extent specified in the third column of that Part of that Schedule.
(3)The instruments specified in Part II of Schedule 7 to this Act are hereby revoked to the extent specified in the third column of that Part, but the re-enactment of Articles 4, 7 and 8 of the M4Medical Qualifications (EEC Recognition) Order 1977 in provisions of this Act shall be without prejudice to the validity of those Articles, and any question as to the validity of them shall be determined as if the re-enacting provision of this Act were contained in a statutory instrument made under the powers under which that Order was made.
(1)This Act may be cited as the Medical Act 1983.
(2)This Act shall come into force at the end of the period of three months beginning with the day on which it is passed.
(3)This Act extends to Northern Ireland.
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