The European Specialist Medical Qualifications Order 1995

PART I GENERAL

Citation and commencement

1.—(1) This Order may be cited as the European Specialist Medical Qualifications Order 1995.

(2) This Order shall come into force on 12th January 1996, except for article 11 and Schedule 5, which shall come into force on 1st January 1997.

Interpretation

2.—(1) In this Order, “the Directive” means Council Directive 93/16/EEC of 5 April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications(1)—

(a) as adapted by paragraph 4(b), (c) and (d) of Annex VII to the EEA Agreement (where the specialist medical qualifications awarded in certain EEA States(2) and the names given to specialties in those States are set out); and

(b) as amended by the Act concerning the conditions of accession and the adjustments to the Treaties on which the Union is founded(3), and by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union(4).

(2) In this Order—

“CCST” means Certificate of Completion of Specialist Training(5);

“EEA” means European Economic Area;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(6) as adjusted by the Protocol signed at Brussels on 17th March 1993(7);

“EEA State” means a State which is a contracting party to the EEA Agreement;

“GMC” means General Medical Council(8);

“registered dentist” has the same meaning as in the Dentists Act 1984(9);

“registered medical practitioner” means a medical practitioner registered under the Medical Act 1983(10) with full or with limited (but not with provisional) registration; and

“STA” means Specialist Training Authority of the medical Royal Colleges(11).

(3) In this Order—

(a) any reference to a consultant in the National Health Service is to a consultant other than a locum consultant (but including an honorary consultant) employed for the purposes of providing any service as part of the health service continued under section 1(1) of the National Health Service Act 1977(12), section 1(1) of the National Health Service (Scotland) Act 1978(13) or article 4 of the Health and Personal Social Services (Northern Ireland) Order 1972(14);

(b) any reference to a fee shall be construed in accordance with article 5; and

(c) any reference to a “medical” specialty includes a surgical specialty, and includes in particular the specialties listed in Schedule 2.

(1)

OJ No. L.165, 7.7.1993, p.1. This Directive is a consolidation of the earlier Directives as indicated in Annex IV to the Directive, and was applied to EEA States other than members of the EC by Decision No.7/94 of the EEA Joint Committee of 21 March 1994 (OJ No. L 160, 28.6.94, p.1).

(2)

These States are Austria, Finland, Iceland, Liechtenstein, Norway and Sweden.

(3)

OJ No. C 241, 29.8.1994, p.21.

(4)

OJ No. L 1, 1.1.1995, p.1: this concerns Austria, Finland and Sweden.

(5)

See article 5(2) of the Directive under the heading “United Kingdom”.

(6)

Cm. 2073 and OJ No. L 1, 3.1.1994, p.3.

(7)

Cm. 2183 and OJ No. L 1, 3.1.1994, p.572.

(8)

See the Medical Act 1983 (c. 54), section 1.

(9)

1984 c. 24; see section 53(1) of that Act.

(10)

1983 c. 54.

(11)

See article 3(3).

(12)

1977 c. 49.

(13)

1978 c. 29.

(14)

S.I. 1972/1265 (N.I.).