SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
PART IISecondary Legislation
Pottery (Health and Welfare) Special Regulations 1950
14.
In regulation 2(2) of the Pottery (Health and Welfare) Special Regulations 1950 M1 (interpretation), in the definition of “appointed doctor” after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
Mines (Medical Examinations) Regulations 1964
15.
In regulation 5(8) of the Mines (Medical Examination) Regulations 1964 M2 (medical examination of young persons and the giving of certificates), after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
Health and Personal Social Services (Northern Ireland) Order 1972
16.
“(4C)
Where the registration of a medical practitioner in the register of medical practitioners is suspended—
(a)
by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of his physical or mental health;
(b)
by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or
(c)
by an interim order under section 41A of that Act (interim orders),
the suspension shall not terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.
(4D)
Where the registration of a medical practitioner in the register of medical practitioners is suspended—
(a)
by a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) following a finding that his fitness to practise was impaired by reason of deficient professional performance;
(b)
by an order of a Fitness to Practise Panel under section 38(1) of that Act (power to order immediate suspension etc.); or
(c)
under rules made by virtue of paragraph 5A(3) of Schedule 4 to that Act (procedure of committees),
the suspension shall not, except in so far as provided by a determination in accordance with regulations under paragraph (2), terminate any arrangements made with him for the provision of general medical services, but he shall not provide such services during the suspension.”.
Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
17.
In article 2(1) of the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 M4 (interpretation), in the definition of “registered medical practitioner” at the end add “
who holds a licence to practise
”
.
Pharmaceutical Society (Statutory Committee) Order of Council 1978
18.
In Part IV of the Appendix to the Pharmaceutical Society (Statutory Committee) Order of Council 1978 M5 (applications for relief from consequences of previous decisions), in regulation 31, for “the Medical Acts 1956 to 1969” substitute “
the Medical Act 1983, including a fully registered medical practitioner who does not hold a licence to practise,
”
.
Health and Safety at Work (Northern Ireland) Order 1978
19.
(1)
In Article 48 of the Health and Safety at Work (Northern Ireland) Order 1978 M6 (the employment medical advisory service), at the end of paragraph (4) add “
who holds a licence to practise
”
.
(2)
In Article 50 of the Health and Safety at Work (Northern Ireland) Order 1978 (supplementary) after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
General Medical Council (Review Board for Overseas Qualified Practitioners Rules) Order of Council 1979
20.
In the Appendix to the General Medical Council (Review Board for Overseas Qualified Practitioners Rules) Order of Council 1979 M7—
(a)
“10.
(1)
There shall be an oral hearing of the application if the applicant so requests in the application mentioned in rule 9(a) or if the Board considers that such a hearing is desirable.
(2)
Subject to paragraph (3), the hearing shall be in public if the applicant so requests or if the Board otherwise considers it appropriate but the Board may, if satisfied that it is in the interests of the applicant, exclude the public from being present during any part of the proceedings.
(3)
The Board may for the purpose of deliberation, at any time exclude the applicant, his representative, any representative of the Council or the public.”;
and
(b)
“(i)
omit paragraph (a),
(ii)
in paragraph (b) omit “also”, and
(iii)
omit paragraph (f).”
Medicines (Contact Lens Fluid and Other Substances) (Exemptions from Licences) Order 1979
21.
In article 1(2) of the Medicines (Contact Lens Fluid and Other Substances) (Exemptions from Licences) Order 1979 M8 (interpretation), at the appropriate place insert—
“ “doctor” means a registered medical practitioner;”.
Pension Appeals Tribunals (England and Wales) Rules 1980
22.
In rule 12 of the Pension Appeals Tribunals (England and Wales) Rules 1980 M9 (evidence), in paragraphs (1) and (2), for “doctor”, wherever it appears, substitute “
registered medical practitioner
”
.
Public Lending Right Scheme 1982 (Commencement) Order 1982
23.
In the Appendix to the Public Lending Right Scheme 1982 (Commencement) Order 1982 M10, both in Article 14A(c)(ii) (forms of application in respect of posthumously eligible books) and in paragraph 5 of Part I of Schedule 1 (application for first registration), for “doctor” substitute “
registered medical practitioner, who need not hold a licence to practise,
”
.
Nursing Homes and Mental Nursing Homes Regulations 1984
24.
In regulation 2(1) of the Nursing Homes and Mental Nursing Homes Regulations 1984 M11 (interpretation), in the definition of “medical practitioner”, after “Medical Act 1983” insert “
who holds a licence to practise
”
.
Dental Auxiliaries Regulations 1986
25.
(1)
In regulation 5(c) of the Dental Auxiliaries Regulations 1986 M12 (the rolls and enrolment), after “practitioner” insert “
who need not hold a licence to practise
”
.
(2)
In regulation 18(2) of the Dental Auxiliaries Regulations 1986 (restoration after erasure for misconduct), after “practitioners” insert “
who need not hold licences to practise
”
.
Sight Testing (Examination and Prescription)(No. 2) Regulations 1989
26.
In regulation 2(1) of the Sight Testing (Examination and Prescription)(No. 2) Regulations 1989 M13 (interpretation), in the definition of “doctor”, after “Medical Act 1983” insert “
who holds a licence to practise
”
.
Abortion (Scotland) Regulations 1991
27.
In regulation 5 of the Abortion (Scotland) Regulations 1991 M14 (restriction on disclosure of information), in paragraph (h), for “there has been serious professional misconduct by a practitioner” substitute “
the fitness to practise of the practitioner is impaired
”
.
Abortion Regulations 1991
28.
In regulation 5 of the Abortion Regulations 1991 M15 (restriction on disclosure of information), in paragraph (h), for “there has been serious professional misconduct by a practitioner” substitute “
the fitness to practise of the practitioner is impaired
”
.
National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992
29.
In regulation 1(2) of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992 M16 (interpretation), in the definition of “doctor”, after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
National Health Service (General Medical Services) Regulations 1992
30.
(1)
In regulation 2(1) of the National Health Service (General Medical Services) Regulations 1992 M17 (interpretation)—
(a)
in the definition of “medical register” for “section 34” substitute “
section 2
”
;
(b)
the definitions of “Preliminary Proceedings Committee” and “Professional Conduct Committee” shall be omitted; and
(c)
in the appropriate places there shall be inserted “
“Fitness to Practise Panel” means a Fitness to Practise Panel referred to in section 1(3) of the Medical Act 1983;
”
and “
“Investigation Committee” means the Investigation Committee of the General Medical Council referred to in section 1(3) of the Medical Act 1983;
”
.
(2)
In regulation 7 of the National Health Service (General Medical Services) Regulations 1992 (removal from the medical list)—
(a)
“(c)
is the subject of a direction given by a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) that his name be erased or that his registration in the register be suspended following a finding by that Panel that his fitness to practise was impaired by reason of misconduct, conviction or determination, or of an order made by that Panel under section 38(1) of that Act (order for immediate suspension or immediate conditional registration after a finding of impairment of fitness to practise);”;
and
(b)
“(a)
any period during which the doctor provided no general medical services by reason only that his registration as a medical practitioner was suspended under section 35D of the Medical Act 1983 by a Fitness to Practise Panel following a finding by that Panel that his fitness to practise was impaired by reason of his physical or mental health or by interim order under section 41A of the Medical Act 1983 (interim orders);”.
(3)
“(b)
that his entry in the Medical Register is subject to conditions imposed pursuant to section 35D (impairment of fitness to practice) or section 41A (interim orders) of the Medical Act 1983.”.
(4)
“(ii)
he has been notified under section 35C(5) of the Medical Act 1983 that the Investigation Committee of the General Medical Council has decided that a case of which he is the subject should be referred to a Fitness to Practise Panel.”.
(5)
In Part III of Schedule 3 of the National Health Service (General Medical Services) Regulations 1992 (information and undertakings to be given etc.), in paragraph 6 at the end insert “
who holds a licence to practise
”
.
National Health Service (Pharmaceutical Services) Regulations 1992
31.
In regulation 2(1) of the National Health Service (Pharmaceutical Services) Regulations 1992 M19 (interpretation), in the definition of “doctor”, after “means a” insert “
registered
”
.
National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995
32.
In regulation 2(1) of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 M20 (interpretation), in the definition of “doctor”, after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
National Health Service (General Medical Services) (Scotland) Regulations 1995
33.
(1)
“(c)
is the subject of a direction given by a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) that his name be erased or that his registration in the register be suspended following a finding by that Panel that his fitness to practise was impaired by reason of misconduct, conviction or determination, or of an order made by that Panel under section 38(1) of that Act (order for immediate suspension or immediate conditional registration after a finding of impairment of fitness to practise);”.
(2)
“(ii)
he has been notified under section 35C(5) of the Medical Act 1983 that the Investigation Committee of the General Medical Council has decided that he should be referred to a Fitness to Practise Panel.”.
Children (Northern Ireland) Order 1995
34.
In Article 2(2) of the Children (Northern Ireland) Order 1995 M22
(interpretation), in the definition of “medical practitioner” after “Medical Act 1983” insert “
who holds a licence to practise
”
.
Merchant Shipping (Ships’ Doctors) Regulations 1995
35.
In regulation 2 of the Merchant Shipping (Ships’ Doctors) Regulations 1995 M23 (interpretation), in the definition of “qualified doctor” at the end add “
who holds a licence to practise
”
.
Cosmetic Products (Safety) Regulations 1996
36.
In regulation 8 of the Cosmetic Products (Safety) Regulations 1996 M24 (product information), in paragraph (3)(b), after “fully registered medical practitioner” insert “
and holds a licence to practise
”
.
The Adoption Agencies (Scotland) Regulations 1996
37.
In the Adoption Agencies (Scotland) Regulations 1996 M25—
(a)
in regulation 8(b) (duties of adoption agencies in making arrangements for freeing for adoption), after “fully registered practitioner” insert “
who holds a licence to practise
”
;
(b)
in regulation 9 (duties of adoption agencies in making arrangements after adoption), after “fully registered practitioner” insert “
who holds a licence to practise
”
;
(c)
in paragraph 17 of Part I of Schedule 2 (particulars relating to the child), after “fully registered medical practitioner” insert “
who holds a licence to practise
”
;
(d)
in paragraph 15 of Part II of Schedule 2 (particulars relating to each parent, including where appropriate, a father or mother who does not have parental responsibilities or rights in relation to the child), after “fully registered medical practitioner” insert “
who holds a licence to practise
”
; and
(e)
in paragraph 25 of Part IV of Schedule 2 (particulars relating to each prospective adopter), after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
Reserve Forces (Call-out and Recall) (Exemptions Etc.) Regulations 1997
38.
““doctor” means a registered medical practitioner;”.
National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998
39.
In regulation 2(1) of the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 M27 (interpretation), in the definition of “practitioner”, after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998
40.
In regulation 8(1) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998 M28 (young persons’ medical certificates), after “Medical Act 1983” insert “
who holds a licence to practise
”
.
National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 1998
41.
In regulation 1(2) of the National Health Service (Choice of Medical Practitioner) (Scotland) Regulations 1998 M29 (interpretation), in the definition of “doctor”, after “fully registered medical practitioner” insert “
who holds a licence to practise
”
.
Prison Rules 1999
42.
In rule 20(3) of the Prison Rules 1999 M30 (medical attendance), after “Medical Act 1983” insert “
who holds a licence to practise
”
.
Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999
43.
““registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act;”.
Medical Act 1983 (Amendment) Order 2000
44.
Articles 3 to 14, 15(a) to (e) and 16 of the Medical Act 1983 (Amendment) Order 2000 M32 are hereby revoked.
Young Offender Institution Rules 2000
45.
In rule 27(3) of the Young Offender Institution Rules 2000 M33 (medical attendance), after “Medical Act 1983” insert “
who holds a licence to practise
”
.
National Health Service (Personal Medical Services) (Scotland) Regulations 2001
46.
“(e)
is the subject of a direction given by a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) that his name be erased or that his registration in the register be suspended following a finding by that Panel that his fitness to practise was impaired by reason of misconduct, conviction or determination, or of an order made by that Panel under section 38(1) of that Act (order for immediate suspension or immediate conditional registration after a finding of impairment of fitness to practise);”.
Detention Centre Rules 2001
47.
In rule 33(1) of the Detention Centre Rules 2001 M35 (medical practitioner and health care team), after “Medical Act 1983” add “
who holds a licence to practise
”
.
Life Sentences Review (Northern Ireland) Order 2001
48.
In Article 3(6) of the Life Sentences Review (Northern Ireland) Order 2001 M36 (Life Sentence Review Commissioners) after “Medical Act 1983” add “
who holds a licence to practise
”
.
Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
49.
In regulation 9 of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 M37 (medical advice) at the end add “
who holds a licence to practise
”
.
National Health Service (General Medical Services Supplementary List) Regulations 2001
50.
(1)
In regulation 4 of the National Health Service (General Medical Services Supplementary List) Regulations 2001 M38 (application for inclusion in the supplementary list), in paragraph (2)(f) after “in the Medical Register” add “
who holds a licence to practise
”
.
(2)
“(f)
where his registration in the register of medical practitioners is subject to conditions imposed pursuant to section 35D (impairment of fitness to practise) or section 41A (interim orders) of the Medical Act 1983.”.
(3)
In regulation 10 of the National Health Service (General Medical Services Supplementary List) Regulations 2001 (removal from supplementary list)—
(a)
“(f)
he is the subject of a direction given by a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) that his name be erased or that his registration in the register be suspended following a finding by that Panel that his fitness to practise was impaired by reason of misconduct, conviction or determination, or of an order made by that Panel under section 38(1) of that Act (order for immediate suspension or immediate conditional registration after a finding of impairment of fitness to practise);”;
and
(b)
“(a)
during which his registration as a medical practitioner was suspended under section 35D of the Medical Act 1983 by a Fitness to Practise Panel following a finding by that Panel that his fitness to practise was impaired by reason of his physical or mental health or by interim order under section 41A of the Medical Act 1983 (interim orders);”.
Education (Special Educational Needs) (Wales) Regulations 2002 (Rheoliadau Addysg (Anghenion Addysgol Arbennig) (Cymru) 2002)
51.
(1)
In regulation 9 of the Education (Special Educational Needs) (Wales) Regulations 2002 M39 (medical advice), at the end add “
who holds a licence to practise
”
.
(2)
Yn rheoliad 9 o Reoliadau Addysg (Anghenion Addysgol Arbennig) (Cymru) 2002 (cyngor meddygol), rhowch ar y diwedd y geiriau “ac sy’n dal trwydded i ymarfer”.
National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 (Rheoliadau’r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002)
52.
(1)
In regulation 4 of the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 M40 (application for inclusion in the supplementary list), in paragraph (2)(f) after “in the Medical Register” add “
who holds a licence to practise
”
.
(2)
“(f)
where his registration in the register of medical practitioners is subject to conditions imposed pursuant to section 35D (impairment of fitness to practise) or section 41A (interim orders) of the Medical Act 1983.”.
(3)
In regulation 10 of the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 (removal from supplementary list)—
(a)
“(f)
he is the subject of—
(i)
a direction given by a Fitness to Practise Panel under section 35D of the Medical Act 1983 (impairment of fitness to practise) that his name be erased or that his registration in the register be suspended following a finding that his fitness to practise was impaired by reason of misconduct, conviction or determination, or
(ii)
an order made by that Panel under section 38(1) of that Act (order for immediate suspension);”;
and
(b)
“(a)
during which his registration as a medical practitioner was suspended under section 35D of the Medical Act 1983 by a Fitness to Practise Panel following a finding by that Panel that his fitness to practise was impaired by reason of his physical or mental health or by interim order under section 41A of the Medical Act 1983 (interim orders);”.
(4)
Yn rheoliad 4 o Reoliadau’r Gwasanaeth Iechyd Gwladol (Rhestr Atodol Gwasanaethau Meddygol Cyffredinol) (Cymru) 2002, (cais i gynnwys enw ar y rhestr atodol), ym mharagraff 2(dd) ar ôôl y geiriau “Gofrestr Feddygol” rhowch y geiriau “ac sy’n dal trwydded i ymarfer”.
(5)
“(dd)
os yw cofrestriad y meddyg yn y gofrestr o ymarferwyr cyffredinol yn ddarostyngedig i amodau a osodwyd yn unol ag adran 35D (amhariad ar ffitrwydd i ymarfer) neu adran 41A (gorchmynion interim) o Ddeddf Feddygol 1983;”.
(6)
Yn rheoliad 10 (tynnu oddi ar restr atodol)—
(a)
“(dd)
bod y meddyg yn destun
(i)
cyfarwyddyd a roddwyd gan Banel Ffitrwydd i Ymarfer o dan adran 35D o Ddeddf Feddygol 1983 (amhariad ar ffitrwydd i ymarfer) i ddileu ei enw neu atal dros dro ei gofrestriad yn y gofrestr, yn dilyn dyfarniad bod camymddygiad, collfarniad neu benderfyniad wedi amharu ar ei ffitrwydd i ymarfer, neu
(ii)
gorchymyn a wnaed gan y Panel hwnnw o dan adran 38(1) o’r Ddeddf honno (gorchymyn i atal dros dro ar unwaith);”;
a
(b)
“(a)
pan atalwyd dros dro gofrestriad y meddyg fel ymarferydd cyffredinol o dan adran 35D o Ddeddf Feddygol 1983 gan Banel Ffitrwydd i Ymarfer yn dilyn dyfarniad gan y Panel hwnnw bod ei iechyd corfforol neu feddyliol wedi amharu ar ei ffitrwydd i ymarfer neu drwy orchymyn interim o dan adran 41A o Ddeddf Feddygol 1983 (gorchmynion interim);”.