Part VIIU.K. Miscellaneous and General

55 Interpretation.U.K.

[F1(1)]In this Act—

  • “acceptable overseas qualification” has the meaning given by [F2section 21B(2)] above;

  • [F3“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;

  • [F4“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—

    (a)

    receive or issue evidence of qualifications or other information or documents, or

    (b)

    receive applications and take the decisions referred to in the Directive,

    in connection with the practice of medicine;]

  • [F4“the Directive” has the meaning given by section 5(4) above;]

  • F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “disqualifying decision” has the meaning given by section 44(2) above;

  • F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “elected member” means a member of the General Council elected under paragraph 2 of Schedule 1 to this Act;

  • [F7“exempt person” has the meaning given in section 19(2) above;]

  • F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F9“fully registered person” means a person for the time being registered under section 3, 14A, [F1018A,] 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—]

    (a)

    so far as mentioned in subsection (3) of section 15 (including that subsection as applied by section [F1115A(4), 21 or 21C] above, but not further, includes a person for the time being provisionally registered;

    (b)

    F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    and “fully registered” shall be construed accordingly;

  • “the General Council” means the General Medical Council;

  • [F13“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);]

  • [F14“impaired”, in relation to a person’s fitness to practise, has the meaning given in section 35C(2) above;]

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “national”, in relation to a [F16relevant 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;

  • F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “the prescribed knowledge and skill” has the meaning given by section 5(4) above;

  • F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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;

  • [F19“professional performance” includes a medical practitioner’s professional competence;]

  • “provisionally registered” means provisionally registered under section 15 , [F2015A, 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;

  • F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F22“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;

  • [F23“relevant European State” means an EEA State or Switzerland;]

  • [F24“revalidation” has the meaning given in section 29A above;]

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F26“the statutory committees” has the meaning given in section 1(3A) above;]

[F27(2)In relation to anything done before the adoption by the Council of Directive 93/16/EEC, references in this Act to [F28the Directive], or to any provision of [F28the 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.]

[F29(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

F1S. 55 renumbered as s. 55(1) (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(1)

F2Words 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)

F3Words 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)

F8Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)

F11Words 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)

F12Words 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)

F15Words 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)

F17Words 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)

F18Words 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)

F20Words 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)

F21In 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)

F22Words 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)

F25Definition in s. 55(1) repealed (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(2)(c)(f)

F26Words 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)

F27S. 55(2) inserted (10.7.1996) by S.I. 1996/1591, reg. 7, Sch. 2 para. 13(3)