SCHEDULE 3Consequential amendments and revocations

Article 7

PART 1Consequential amendments to primary legislation

1.

(1)

In each of the provisions mentioned in sub-paragraph (2), omit the entry relating to the Postgraduate Medical Education and Training Board.

(2)

Those provisions are—

(a)

Schedule 2 to the Parliamentary Commissioner Act 1967 M1(departments etc. subject to investigation);

(b)

Part 2 of Schedule 1A to the Race Relations Act 1976 M2(bodies and other persons added after commencement of general statutory duty), under the cross heading “Health”;

(c)

Part 6 of Schedule 1 to the Freedom of Information Act 2000 M3(other public bodies and offices: general); and

(d)

Schedule 5 to the Health Act 2006 M4(the Appointments Commission: list of statutory bodies).

2.

In Schedule 7 to the Health and Social Care Act 2008 M5 (amendments of Medical Act 1983), omit paragraph 10(4).

PART 2Consequential amendments to subordinate legislation

The National Health Service (Appointment of Consultants) Regulations 1996

3.

(1)

The National Health Service (Appointment of Consultants) Regulations 1996 M6 are amended as follows.

(2)

In regulation 2 (interpretation), for the definition of “accredited as a consultant” substitute—

““accredited as a consultant” means, in relation to a person, that the person's name is included in the Specialist Register kept by the General Medical Council pursuant to section 34D of the Medical Act 1983 where that person has either been appointed as a consultant by an Armed Services Consultant Appointment Board or appointed to a consultant post with an Authority;”.

(3)

Regulation 4 (registration requirements) shall be renumbered regulation 4(1) and—

(a)

in the renumbered regulation 4(1), for sub-paragraph (b) substitute—

“(b)

in the case of an appointment of a registered medical practitioner, their name is, subject to paragraph (2), included in the Specialist Register kept by the General Medical Council pursuant to section 34D of the Medical Act 1983.”;

(b)

after the renumbered regulation 4(1) add—

“(2)

Paragraph (1)(b) does not apply to any person who held a post as a consultant in oral and maxillo-facial surgery on the staff of an Authority in England immediately before 1st January 1997.”.

The National Health Service (Appointment of Consultants) (Wales) Regulations 1996

4.

(1)

The National Health Service (Appointment of Consultants) (Wales) Regulations 1996 M7 are amended as follows.

(2)

In regulation 2 (interpretation), for the definition of “accredited as a consultant” substitute—

““accredited as a consultant” means, in relation to a person, that the person's name is included in the Specialist Register kept by the General Medical Council pursuant to section 34D of the Medical Act 1983 where that person has either been appointed as a consultant by an Armed Services Consultant Appointment Board or appointed to a consultant post with an Authority;”.

(3)

Regulation 4 (registration requirements) shall be renumbered regulation 4(1) and—

(a)

in the renumbered regulation 4(1), for sub-paragraph (b) substitute—

“(b)

in the case of an appointment of a registered medical practitioner, their name is, subject to paragraph (2), included in the Specialist Register kept by the General Medical Council pursuant to section 34D of the Medical Act 1983.”;

(b)

after the renumbered regulation 4(1) add—

“(2)

Paragraph (1)(b) does not apply to any person who held a post as a consultant in oral and maxillo-facial surgery on the staff of an Authority in Wales immediately before 1st January 1997.”.

The Medical Act 1983 (Amendment) Order 2002

5.

In Part 1 of Schedule 1 to the Medical Act 1983 (Amendment) Order 2002 M8 (consequential amendments to primary legislation), omit paragraph 1.

The National Health Service (Performers Lists) Regulations 2004

6.

(1)

The National Health Service (Performers Lists) Regulations 2004 M9 are amended as follows.

(2)

In regulation 21(2) (interpretation of Part 2: medical performers lists)—

(a)

omit the definitions of “2003 Order”, “the Board” and “the Vocational Training Regulations”;

(b)

for the definition of “armed forces GP” substitute—

““armed forces GP” means a medical practitioner who—

  1. (a)

    is employed under a contract of service by the Ministry of Defence whether or not as a member of the armed forces; and

  2. (b)

    is entered on the GP Register;”;

(c)

for the definition of “both registers” substitute—

““both registers” means the register of medical practitioners and the GP Register;”;

(d)

in the definition of “CCT”, for “article 8 of the 2003 Order” substitute “ section 34L(1) of the Medical Act ”;

(e)

for the definitions of “GP Register”, “GP Registrar”, “GP Trainer” and “general medical practitioner” substitute—

““GP Register” means the register kept by virtue of section 34C of the Medical Act;”;

““GP Registrar” means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;”;

““GP Trainer” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;”;

““general medical practitioner” means a GP Registrar or a medical practitioner whose name is included in the GP Register;”;

(f)

for the definition of “vocational training scheme” substitute—

““vocational training scheme” means postgraduate medical education and training necessary for the award of a CCT in general practice.”.

(3)

In regulation 22(2A) (medical performers list), for “the Board” substitute “ the General Medical Council ”.

(4)

In regulation 23 (application for inclusion in a medical performers list)—

(a)

for paragraph (2)(b)(iii) substitute—

“(iii)

to provide the Primary Care Trust with evidence of their inclusion in the GP Register; and”;

(b)

for paragraph (3) substitute—

“(3)

The events to which this paragraph applies are—

(a)

the conclusion of any period of general practice training required by section 34J of the Medical Act unless—

(i)

it forms part of a vocational training scheme which has not yet been concluded; or

(ii)

the medical practitioner provides the Primary Care Trust with evidence of their inclusion in the GP Register;

(b)

the failure satisfactorily to complete any period of general practice training within the meaning of that section of that Act; and

(c)

the completion of a vocational training scheme unless the medical practitioner provides the Primary Care Trust with evidence of their inclusion in the GP Register.”.

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

7.

(1)

The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 M10 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definitions of “the 2003 Order”, “the Postgraduate Medical Education and Training Board” and “the Vocational Training Regulations”;

(b)

for the definition of “armed forces GP” substitute—

““armed forces GP” means a medical practitioner who—

  1. (a)

    is employed under a contract of service by the Ministry of Defence whether or not as a member of the armed forces of the Crown; and

  2. (b)

    is entered on the GP Register;”;

(c)

for the definition of “both registers” substitute—

““both registers” means the register of medical practitioners and the GP Register;”;

(d)

in the definition of “CCT”, for “article 8 of the 2003 Order” substitute “ section 34L(1) of the Medical Act 1983 ”;

(e)

for the definitions of “GP Register”, “GP Registrar” and “GP Trainer” and “general medical practitioner” substitute—

““GP Register” means the register kept by virtue of section 34C of the Medical Act 1983;”;

““GP Registrar” means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;”;

““GP Trainer” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;”;

““general medical practitioner” means a GP Registrar or a medical practitioner whose name is included in the GP Register;”;

(f)

for the definition of “vocational training scheme” substitute—

““vocational training scheme” means postgraduate medical education and training necessary for the award of a CCT in general practice.”.

(3)

In regulation 3(2A)(Primary Medical Services Performers), for “the Postgraduate Medical Education and Training Board” substitute “ the General Medical Council ”.

(4)

In Schedule 1 (information, declarations and undertakings to be included in an application for inclusion in a primary medical services performers' list)—

(a)

in sub-paragraph (i) of paragraph 3—

(i)

omit paragraph (iii);

(ii)

in paragraph (iv), omit “after the coming into force of article 10 of the 2003 Order”;

(b)

for paragraph 4 substitute—

“4.

The events to which this paragraph applies are—

(a)

the conclusion of any period of general practice training required by section 34J of the Medical Act 1983 unless—

(i)

it forms part of a vocational training scheme which has not yet been concluded; or

(ii)

the GP Registrar provides the Health Board with evidence of their inclusion in the GP Register;

(b)

the failure satisfactorily to complete any period of general practice training within the meaning of that section of that Act; and

(c)

the completion of a vocational training scheme unless the GP Registrar provides the Health Board with evidence of their inclusion in the GP Register.”.

The National Health Service (Performers Lists) (Wales) Regulations 2004

8.

(1)

The National Health Service (Performers Lists) (Wales) Regulations 2004 M11 are amended as follows.

(2)

In regulation 21(1) (interpretation of Part 3: medical performers lists)—

(a)

omit the definitions of “the 2003 Order”, “the Board” and “the Vocational Training Regulations”;

(b)

for the definition of “armed forces GP” substitute—

““armed forces GP” means a medical practitioner who—

  1. (a)

    is employed under a contract of service by the Ministry of Defence whether or not as a member of the armed forces; and

  2. (b)

    is entered on the GP Register;”;

(c)

for the definition of “both registers” substitute—

““both registers” means the register of medical practitioners and the GP Register;”;

(d)

in the definition of “CCT”, for “article 8 of the 2003 Order” substitute “ section 34L(1) of the Medical Act 1983 ”;

(e)

for the definitions of “GP Register”, “GP Registrar”, “GP Trainer” and “general medical practitioner” substitute—

““GP Register” means the register kept by virtue of section 34C of the Medical Act 1983;”;

““GP Registrar” means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;”;

““GP Trainer” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;”;

““general medical practitioner” means a GP Registrar or a medical practitioner whose name is included in the GP Register;”;

(f)

for the definition of “vocational training scheme” substitute—

““vocational training scheme” means postgraduate medical education and training necessary for the award of a CCT in general practice.”.

(3)

In regulation 22(2A) (medical performers list), for “the Board” substitute “ the General Medical Council ”.

(4)

In regulation 23 (application for inclusion in a medical performers list)—

(a)

for paragraph (2)(b)(iii), substitute—

“(iii)

to provide the Local Health Board with evidence of their inclusion in the GP Register; and”;

(b)

for paragraph (3) substitute—

“(3)

The events to which this paragraph applies are—

(a)

the conclusion of any period of general practice training required by section 34J of the Medical Act unless—

(i)

it forms part of a vocational training scheme which has not yet been concluded; or

(ii)

the general medical practitioner provides the Local Health Board with evidence of their inclusion in the GP Register;

(b)

the failure satisfactorily to complete any period of general practice training within the meaning of that section of that Act; and

(c)

the completion of a vocational training scheme unless the general medical practitioner provides the Local Health Board with evidence of their inclusion in the GP Register.”.

The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004

9.

In regulation 2 of the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 M12 (interpretation)—

(a)

omit the definitions of “the 2003 Order” and “General Practitioner Register”;

(b)

for the definitions of “CCT”, “general medical practitioner” and “GP Registrar”, substitute—

““CCT” means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act;”;

““general medical practitioner” means a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council;”;

““GP Registrar” means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under section 34I of the Medical Act 1983 for the purpose of providing training under that section, whether as part of training leading to a CCT or otherwise;”.

The National Health Service (General Medical Services Contracts) Regulations 2004

F110.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

11.

(1)

The National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 M13 is amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definition of “General Practitioner Register”;

(b)

for the definitions of “CCT”, “general medical practitioner” and “GP Registrar”, substitute—

““CCT” means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act;”;

““general medical practitioner” means, unless the context otherwise requires, a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council;”;

““GP Registrar” means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under section 34I of the Medical Act 1983 for the purpose of providing training under that section, whether as part of training leading to a CCT or otherwise;”.

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004

12.

(1)

The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 M14 is amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

omit the definition of “General Practitioner Register”;

(b)

in the definition of “CCT” for “article 8 of the 2003 Order” substitute “ section 34L(1) of the Medical Act 1983 ”;

(c)

for the definitions of “general medical practitioner” and “GP Registrar” substitute—

““general medical practitioner” means, unless the context otherwise requires, a medical practitioner whose name is included in the General Practitioner Register kept by the General Medical Council;”;

““GP Registrar” means a medical practitioner who is being trained in general practice by a general medical practitioner who is approved under section 34I of the Medical Act 1983 for the purpose of providing training under that section, whether as part of training leading to the award of a CCT or otherwise;”.

(3)

In paragraph 52(2)(e)(ii) of Schedule 6 (qualifications of performers), for “the Postgraduate Medical Education and Training Board” substitute “ the General Medical Council ”.

The National Health Service (Personal Medical Services Agreements) Regulations 2004

F213.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The National Health Service (Appointment of Consultants) (Scotland) Regulations 2009

14.

In the definition of “Specialist Register” in regulation 2(1) of the National Health Service (Appointment of Consultants) (Scotland) Regulations 2009 M15, for the words from “article 13(1)” to the end substitute “ section 34D of the Medical Act 1983 ”.

Amendment of firefighters' and local government pensions legislation

15.

(1)

In the provisions referred to in sub-paragraph (2), for “the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003” substitute “ section 55(1) of the Medical Act 1983 ”.

(2)

Those provisions are—

(a)

the definition of “Independent qualified medical practitioner” in Part 1 of Schedule 1 to the Firefighters' Pension Scheme 1992 contained in Schedule 2 to the Firefighters' Pension Scheme Order 1992 M16 (glossary of expressions);

(b)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of Part 1 of Schedule 1 to the Firefighters' Pension Scheme (England) Order 2006 M17 (the New Firefighters' Pension Scheme (England));

(c)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of Part 1 of Schedule 1 to the Firefighters' Compensation Scheme (England) Order 2006 M18 (the Firefighters' Compensation Scheme (England) 2006);

(d)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of Part 1 of Schedule 1 to the Firefighters' Pension Scheme (Wales) Order 2007 M19 (the New Firefighters' Pension Scheme (Wales));

(e)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of Part 1 of Schedule 1 to the Firefighters' Compensation Scheme (Wales) Order 2007 M20 (the Firefighters' Compensation Scheme (Wales) 2007);

(f)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of Part 1 of Schedule 1 to the Firefighters' Pension Scheme (Scotland) Order 2007 M21 (the New Firefighters' Pension Scheme (Scotland));

(g)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of Part 1 of Schedule 1 to the Firefighters' Compensation Scheme (Scotland) Order 2006 M22 (the Firefighters' Compensation Scheme (Scotland) 2006);

(h)

the definition of “Independent qualified medical practitioner” in Part I of Schedule 1 to the Firefighter's Pension Scheme Order (Northern Ireland) 2007 M23 (glossary of expressions);

(i)

the definition of “independent qualified medical practitioner” in paragraph 2(1) of the Annex to the New Firefighters' Pension Scheme Order (Northern Ireland) 2007 M24 (the New Firefighters' Pension Scheme (Northern Ireland));

(j)

the definition of “qualified medical practitioner” in paragraph 2(1) of Part 1 of the Annex to the Firefighters' Compensation Scheme Order (Northern Ireland) 2007 M25 (the Firefighters' Compensation Scheme (Northern Ireland));

(k)

the definition of “qualified in occupational health medicine” in regulation 20(14) of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 M26 (early leavers: ill-health);

(l)

paragraph (a) of the definition of “qualified in occupational health medicine” in regulation 20(7) of the Local Government Pension Scheme (Benefits, Membership and Contributions)(Scotland) Regulations 2008 M27 (early leavers: ill-health);

(m)

paragraph (a) of the definition of “qualified in occupational health medicine” in regulation 20(9) of the Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009 M28 (early leavers: ill-health).

Amendment of NHS Pensions legislation

16.

(1)

The following provisions are amended as set out in sub-paragraphs (2) to (5)—

(a)

regulation A2 of the National Health Service Pension Scheme Regulations 1995 M29 (interpretation);

(b)

regulation A2(4) of the National Health Service Superannuation Scheme (Scotland) Regulations 1995 M30 (interpretation);

(c)

regulations 2.A.1(1) (benefits for officers: interpretation: general) and 3.A.1(1) (benefits for practitioners etc.: interpretation of Part 3: general) of the National Health Service Pension Scheme Regulations 2008 M31;

(d)

regulations 2.A.1(1) (benefits for officers: interpretation: general) and 3.A.1(1) (benefits for practitioners etc.: interpretation of Part 3: general) of the National Health Service Pension Scheme (Scotland) Regulations 2008 M32.

(2)

In the provisions referred to in sub-paragraph (1)(c) and (d), omit the definition of “the 2003 Order”.

(3)

For the definition of “CCT” in the provisions referred to in sub-paragraph (1)(a) to (d) substitute—

““CCT” means a Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983, including any such certificate awarded in pursuance of the competent authority functions of the General Medical Council specified in section 49B of, and Schedule 4A to, that Act;”.

(4)

For the definition of “GP trainer” in the provisions referred to in sub-paragraph (1)(a), (c) and (d) substitute—

““GP trainer” means a medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;”.

(5)

For the definition of “GP Registrar” in the provisions referred to in sub-paragraphs (1)(b) and (d) and the definition of “GP registrar” in the provision referred to in sub-paragraph (1)(c) substitute—

““GP Registrar” means a medical practitioner who is being trained in general practice by a GP trainer, whether as part of training leading to a CCT or otherwise;”;

PART 3Consequential revocations of subordinate legislation

Instrument revoked

References

Extent of revocation

General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

SI 2003/1250

The whole Order.

General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004

SI 2004/865

The definition of “the 2003 Order” in article 1(4), articles 110, 117 and 118 and paragraph 37 of Schedule 1.

General Medical Services and Personal Medical Services Transitional and Consequential (Wales)(No.2) Provisions Order 2004

SI 2004/1016 (W.113)

The definition of “the 2003 Order” in article 1(3), articles 86, 93 and 94 and paragraph 33 of Schedule 1.

The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004

SI 2004/1947

Regulations 4 to 10.

General Medical Services and Section 17C Agreements (Transitional and other Ancillary Provisions) (Scotland) Order 2004

SSI 2004/163

The definition of “the 2003 Order” in article 1(2) and articles 97, 100 and 101.

Primary Medical Services (Scotland) Act 2004 (Consequential Amendments) Order 2004

SI 2004/2261

Paragraph 3 of the Schedule.

General and Specialist Medical Practice (Education, Training and Qualifications) Amendment Order 2005

SI 2005/2120

The whole Order.

General and Specialist Medical Practice (Education, Training and Qualifications) Transitional Provisions Order 2005

SI 2005/2361

The whole Order.

European Qualifications (Health and Social Care Professions) Regulations 2007

SI 2007/3101

Regulations 37 to 64 and 67 to 69.

Medical Profession (Miscellaneous Amendments) Order 2008

SI 2008/3131

The definition of “the 2003 Order” in article 1(6), article 4 and Schedule 2.

General and Specialist Medical Practice (Education, Training and Qualifications) Amendment Order 2009

SI 2009/1846

The whole Order.