§ 30 After Clause 16, insert the following new clause:
§ Replacement of provisions of Part III of Medical Act 1956.
§
.—(1) Subject to the provisions of Part I of Schedule (Transitional provisions for overseas qualified practitioners) to this Act, on the day appointed for the coming into operation of sections (Limited registration of practitioners having overseas qualifications), (Limited registration: erasure), (Register of medical practitioners with limited registration), (Full registration for persons with limited registration), (Full registration of visiting overseas doctors), (The Review Board for Overseas Qualified Practitioners) and (Functions of the Review Board) below—
§ (2) Subject to the provisions of Part II of Schedule (Transitional provisions for overseas qualified practitioners) to this Act, on the day appointed for the coming into 591 operation of sections (Full registration by virtue of recognised overseas qualifications), (Registration of further qualifications), (Experience required for full registration by virtue of recognised overseas qualifications) and (Provisional registration of practitioners having recognised overseas qualifications) below, sections 18 to 24 and 26 of the Medical Act 1956 (which provide for the registration of Commonwealth and foreign practitioners) and the Medical Practitioners and Pharmacists Act 1947 (which, so far as still in force, makes similar provision) shall cease to have effect.
§ (3) If the day mentioned in subsection (1) above is earlier than the day mentioned in subsection (2) above, the Medical Acts 1956 and 1969 and this Act shall have effect, during the period commencing with the first day and ending immediately before the second, subject to the provisions of Part III of Schedule (Transitional provisions for overseas qualified practitioners) to this Act."
§ 31 Insert the following new clause:
§ "Full registration by virtue of recognized overseas qualifications.
§ .—(1) Where a person satisfies the Registrar—
- (a) that he holds one or more recognised overseas qualifications;
- (b) that he has the necessary knowledge of English; and
- (c) that he is of good character;
§ (2) A person registered under this section shall, on being so registered, be entitled to have the recognised overseas qualification or qualifications held by him registered under this section.
§ (3) In this Act a "recognised overseas qualification" means any qualification granted outside the United Kingdom and for the time being recognised by the General Council for the purposes of this section as furnishing a sufficient guarantee of the possession of knowledge and skill corresponding with the prescribed knowledge and skill and as having been granted by virtue of the passing of an examination at which the standard of proficiency required corresponds with the prescribed standard of proficiency.
§ (4) An applicant for registration under this section has the necessary knowledge of English if he has the knowledge which. in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom.
§ (5) The General Council may provide facilities for testing the knowledge of English of applicants for registration under this section.
§ (6) On registering a person under this section the Registrar shall issue to him an 592 appropriate certificate of registration stating, in the form prescribed by regulations under section 4 of the Medical Act 1969 for entries in the register, the person's name and such other particulars as may be so prescribed."
§ 32 Insert the following new clause:
§ "Registration of further qualifications.
§ .—(1) A person registered under section (Full registration by virtue of recognised overseas qualifications) above who obtains any recognised overseas qualification shall be entitled to have the qualification registered.
§ (2) A person holding any other qualification granted outside the United Kingdom which the General Council determine ought to be registrable by virtue of this subsection as a further qualification shall, subject to subsection (4) below, if he is registered under section (Full registration by virtue of recognised overseas qualifications) above or (Provisional registration of practitioners having recognised overseas qualifications) below or on becoming so registered, be entitled to have the qualification registered.
§ (3) A person holding any additional qualification (within the meaning of the Medical Act 1956) which the General Council determine ought to be registrable by virtue of this subsection shall, subject to subsection (4) below, if he is registered under section (Full registration by virtue of recognised overseas qualifications) above or (Provisional registration of practitioners having recognised overseas qualifications) below or on becoming so registered, be entitled to have the qualification registered.
§ (4) If, in the case of any such qualification as is mentioned in subsection (2) or (3) above, the General Council determine that it ought not to be registrable by virtue of that subsection if granted before or after a particular date, a person holding that qualification shall not be entitled to have it registered if it was granted to him before or, as the case may be, after that date."
§ 33 Insert the following new clause:
§ "Experience required for full registration by virtue of recognised overseas qualifications.
§ .—(1) The requirements as to experience mentioned in section (Full registration by virtue of recognised overeseas qualifications) (1) above are the following.
§ (2) The General Council must be satisfied that the person claiming registrationx2014;
- (a) has been employed as mentioned in subsection (2) of section 15 of the Medical Act 1956 and while so employed has held a combination of posts which was such as to provide him with the experience required by one of the prescribed patterns of experience and satisfies the conditions specified in paragraphs (a) and (c) of subsection (3) of that section; or
- (b) has acquired experience in the practice of medicine, whether in the
593 course of employment in the United Kingdom or in the course of employment outside the United Kingdom, which is not less extensive than that required for a certificate under the said section 15.
§ (3) Subsection (6) of the said section 15 (alternative experience allowed in cases of physical disability) shall apply to a person prevented from embarking on, or completing, a period of experience required for the purposes of this section as it applies to a person prevented from embarking on, or completing, a period of experience required for the purposes of that section."
§ 34 Insert the following new clause:
§ "Provisional registration of practitioners having recognised overseas qualifications.
§ .1—(1) The following provisions shall have effect for enabling persons delirious of satisfying the General Council of the matters specified in section (Experience required for full registration by virtue of recognised overseas qualifications) (2)(a) above to be employed as mentioned in subsection (2) of section 15 of the Medical Act 1956.
§ (2) A person who satisfies the Registrar of the matters specified in paragraphs (a), (b) and (c) of section (Full registration by virtue of recognised overseas qualifications) (1) above may apply to the General Council to be registered provisionally under this section and, if the Council think fit so to direct, that person shall be so registered.
§ (3) Subsections (4) and (5) (as well as subsection (31) of section (Full registration by virtue of recognised overseas qualifications) above shall apply for the purposes of an application under this section as they apply for the purposes of an application under this section.
§ (4) A person provisionally registered under this section shall, on being so registered, be entitled to have the recognised overseas qualification or qualifications held by him registered under this section.
§ (5) A person provisionally registered under this section shall be deemed to be registered under section (Full registration by virtue of recognised overseas qualifications) above as a fully registered medical practitioner so far as is necessary to enable him to be engaged in employment in a resident medical capacity (within the meaning of the said section 15) in one or more approved hospitals or approved institutions (within the meaning of that section), but not further.
§ (6) On registering a person under this section the Registrar shall issue to him an appropriate certificate of registration stating, in the form prescribed by regulations under section 4 of the Medical Act 1969 for entries in the register, the person's name and such other particulars as may be so prescribed."
594§ 35 Insert the following new clause:
§ "Limited registration of practitioners having overseas qualifications.
§ .—(1) Subject to subsection (10) below and to section (Limited registration: erasure) below, where a person satisfies the Registrar—
- (a) that he has been selected for employment in the United Kingdom or the Isle of Man as a medical practitioner in one or more hospitals or other institutions approved by the General Council for the purposes of this section;
- (b) that he holds, has held, or has passed the examination necessary for obtaining, some acceptable overseas qualification or qualifications;
- (c) that he has the necessary knowledge of English;
- (d) that he is of good character; and
- (e) that he has the knowledge and skill, and has acquired the experience, which is necessary for practice as a medical practitioner registered under this section and is appropriate in his case;
§ (2) In this Act "limited registration" means registration under this section limited in accordance with subsection (11) below in respect of the period for which and the employment for the purposes of which it has effect.
§ (3) An applicant for limited registration shall specify in his application the particular employment or the descriptions of employment for the purposes of which he desires to be registered and shall give such other particulars as the General Council may require.
§ (4) No person shall be registered under this section for a period, or for periods which amount in the aggregate to a period, exceeding five years; and in this Act the "permitted period", in relation to an applicant for registration under this section, means—
- (a) if he has not previously been registered under this section, five years;
- (b) if he has previously been so registered, the amount by which five years exceeds the period or aggregate of periods for which he has been so registered.
§ (5) A person registered under this section shall, on being so registered, be entitled to have the acceptable overseas qualification or qualifications held by him registered under this section.
§ (6) In this Act an "acceptable overseas qualification" means any qualification granted outside the United Kingdom and for the time being accepted by the General Council for the purposes of this section as furnishing a sufficient guarantee of the possession of the knowledge and skill requisite for the practice of medicine 595 under the supervision of a person who is registered as a fully registered medical practitioner.
§ (7) An applicant for registration under this section has the necessary knowledge of English if he has the knowledge which, in the interests of himself and his patients, is necessary for the practice of medicine in the United Kingdom; and the General Council may provide facilities for testing the knowledge of English of such applicants.
§ (8) What knowledge and skill, and what experience, is necessary for practice as a medical practitioner registered under this section shall be determined by the General Council in relation to each branch of medicine and to practice therein in the descriptions of employment for the purposes of which persons apply for registration under this section; and in subsection (1)(e) above the knowledge and skill, and the experience, which is appropriate in the case of an applicant means, subject to subsections (9) and (10) below, the knowledge and skill, or the experience, determined under this subsection which appears to the Registrar to be appropriate to the particular employment or the descriptions of employment for which the applicant desires to be registered.
§ (9) The General Council may, in the case of any particular application for limited registration, give to the Registrar a direction determining what knowledge and skill, or what experience, determined by the Council under subsection (8) above for the purposes of subsection (1)(e) above is appropriate in the case of the applicant having regard to the particular employment or descriptions of employment for the purposes of which the applicant desires to be registered or the Council consider they may grant registration under this section.
§ (10) The General Council may, in the case of any applicant or applicants of any description, give to the Registrar a direction exempting the applicant, or applicants of that description, from compliance with the requirements of subsection (l)(e) above as to knowledge and skill, or as to experience, or both.
§ (11) The limits of a person's registration under this section shall be defined in the direction by virtue of which he is registered in accordance with the following provisions, that is to say—
- (a) the direction shall specify a period, not exceeding his permitted period, as the period for which his registration is to have effect; and
- (b) the direction shall specify the particular employment or the descriptions of employment for the purposes of which he is registered under this section;
§ (12) Where a direction specifies a particular employment as the employment for the purposes of which a person is registered under this section and that employment terminates before the end of the period specified in the direction by virtue of subsection (11)(a) above, the registration of the person under this section shall cease to have effect when that employment terminates.
§ (13) A person registered under this section shall be treated as registered under section (Full registration by virtue of recognised overseas qualifications) above as a fully registered medical practitioner in relation to the following matters, namely—
- (a) any employment in which he is engaged during the currency of his registration, being the particular employment or employment of a description for the purposes of which he is registered; and
- (b) things done or omitted in the course of that employment; and
- (c) any other thing incidental to his work in that employment which, by virtue of any enactment, may not lawfully or validly be done except by a fully registered medical practitioner;
§ (14) A person registered under this section shall not, while engaged in the particular employment or in employment of a description for the purposes of which he is registered, work otherwise than under the supervision of a person who is registered as a fully registered medical practitioner.
§ (15) This section has effect subject to the provisions of Part I of Schedule (Transitional provisions for overseas qualified practitioners) to this Act with respect to the registration under this section of temporarily registered persons who are practitioners to whom that Part applies."
§ 36 Insert the following new clause:
§ "Limited registration: erasure.
§ .—(1) The General Council may, on an application being made to them containing such particulars as they may require by a person who is registered with limited registration, direct that his name shall be erased from the register on his own application on such day as they may specify in the direction; but the fact that a person's name has been erased under this subsection shall be disregarded by the Council in deciding whether or not to grant limited registration for a further period to that person.
§ (2) If it appears to the General Council, having regard to his performance in a relevant employment, that a person registered under section (Limited registration of practitioners having overseas qualifications) above does not in fact possess the appropriate knowledge and skill, the Council may, subject to subsection (4) 597 below, if they think fit, direct that his name shall he erased from the register.
§ (3) In subsection (2) above, in relation to a person registered under section (Limited registration of practitioners having overseas qualifications) above—
- (a) "a relevant employment " means a particular employment or an employment of a description for the purposes of which he is or has been so registered; and
- (b) "the appropriate knowledge and skill" means the knowledge and skill which was required in his case in pursuance of subsection (1)(e) of that section in connection with the application for registration under that section by virtue of which he is so registered.
§ (4) No person's name shall be erased from the register under subsection (2) above unless
- (a) the Registrar has served on him a notification of the grounds on which the Council are considering exercising their powers under that subsection; and
- (b) the Council have afforded him an opportunity of making representations to them in the matter;
§ (5) Until the coming into operation of paragraph 8 of Schedule 4 to this Act, subsection (4) above shall have effect as if for any reference to that paragraph there were substituted a reference to section 36(2) of the Medical Act 1956."
§ 37Insert the following new clause:
§ "Register of medical practitioners with limited registration.
§ .—(1) Registration under section (Limited registration of practitioners having overseas qualifications) above of persons granted limited registration shall be effected in a register, to be known as the register of medical practitioners with limited registration, which shall be prepared and kept by the Registrar and shall contain in addition to names and qualifications, the addresses and dates of registration of the persons registered therein and such other particulars (if any) of those persons as may be prescribed.
§ (2) Subsections (4), (5) and (6) of section 3 and subsections (1), (2) and (6) of section 4 of the Medical Act 1969 (which relate to the keeping of the register of medical practitioners) shall apply in relation to the register of medical practitioners with limited registration and to persons and matters registered therein as they apply in relation to the register of medical practitioners and persons and matters registered in that register; but any regulations under the said section 4 made by virtue of subsection (1) or (2) thereof may make different provision in relation to the register of medical 598 practitioners and the register of medical practitioners with limited registration.
§ (3) On registering a person under section (Limited registration of practitioners having overseas qualifications) above the Registrar shall issue to him an appropriate certificate of registration stating, in the form prescribed for entries in the register of medical practitioners with limited registration, the person's name and such other particulars as may be prescribed.
§ (4) In this section "prescribed" means prescribed by regulations under section 4 of the Medical Act 1969."
§ 38 Insert the following new clause:
§ "Full registration for persons with limited registration.
§ .—(1) A person who is or has been registered with limited registration may, on satisfying the Registrar that he is of good character, apply to the General Council to be registered fully by virtue of this section; and if the Council think fit so to direct, having regard to the knowledge and skill shown and the experience acquired by the applicant, he shall be registered tinder section (Full registration by virtue of recognised overseas qualifications) above as a fully registered medical practitioner.
§ (2) A person registered tinder section (Full registration by virtue of recognised overseas qualifications) above by virtue of this section shall, on being so registered, be entitled to have registered under this section the following qualifications held by him, that is to say—
- (a) the acceptable overseas qualification or qualifications by virtue of which he was granted limited registration;
- (b) any primary United Kingdom qualifications; and
- (c) any qualifications for the time being registrable as additional qualifications under the Medical Act 1956."
§ 39 Insert the following new clause:
§ "Full registration of visiting overseas doctors.
§ .—(1) A person who is or intends to be in the United Kingdom temporarily for the purpose of providing medical services of a specialist nature may apply to the General Council to be registered temporarily as a fully registered medical practitioner and if the Council are satisfied—
- (a) that he holds one or more recognised overseas qualifications or acceptable overseas qualifications;
- (b) that he possesses special knowledge of and skill in a particular branch or branches of medicine; and
- (c) that the medical services he is to provide lie within that branch or one or more of those branches of medicine,
§ (2) No person shall be fully registered under this section for a period exceeding twelve months.
§ (3) At the expiration of the period specified in a direction under subsection (1) above the registration of the person to whom the direction applies shall cease to have effect.
§ (4) On registering a person under this section the Registrar shall issue to him an appropriate certificate of registration stating in the form prescribed by regulations under section 4 of the Medical Act 1969 for entries in the register, the person's name and such other particulars as may be so prescribed."
§ 40 Insert the following new clause:
§ "The Review Board for Overseas Qualified Practitioners.
§ .—(1) There shall be established a body to be known as the Review Board for Overseas Qualified Practitioners (in this Act referred to as the "Review Board") constituted in accordance with the following provisions of this section and having the functions conferred on them by section (Functions of the Review Board) below.
§ (2) The Review Board shall consist of—
- (a) a chairman and a deputy chairman, not being members of the General Council, appointed by the President of the General Council having regard to the recommendation of such body or bodies concerned with postgraduate medical education in England and Wales, in Scotland and in Northern Ireland, as the Council may by rules prescribe;
- (b) until the succession day—
- (i) one member nominated by Her Majesty on the advice of the Privy Council, being a medical practitioner registered under Part III of the Medical Act 1956; and
- (ii) such number of other members, being members of the General Council, as the Council may by rules prescribed, including at least one member elected under section 4 of the Medical Act 1956 and one member appointed under section 3 of that Act; and
- (c) on and after the succession day, such number of other members, being members of the General Council and including at least—
- (i) one elected member,
- (ii) one appointed member, and
- (iii) one member who is or has been registered under Part III of the Medical Act 1956 or under section (Full registration by virtue of recognised overseas qualifications) or (Limited registration of practitioners having overseas qualifications) above, as the Council may by rules prescribe.
§ (3) There shall be paid to the members of the Review Board such fees and such 600 travelling, subsistence or other allowances as the General Council may allow.
§ (4) The General Council shall provide the Review Board with office accommodation and secretarial assistance for the discharge of their functions.
§ (5) The General Council may by rules make provision with respect to the quorum and procedure of the Review Board.
§ (6) No rules under this section shall come into force until approved by order of the Privy Council.
§ (7) The power to make orders under subsection (6) above shall be exerciseable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power to vary or revoke any such order by a subsequent order."
§ 41 Insert the following new clause:
§ "Functions of the Review Board.
§ .—(1) Any person in whose case a decision falling within subsection (2) below is made by the General Council may require the Registrar to state in writing the reasons for the decision and, subject to subsection (3) below, may apply to the Review Board for that decision to be reviewed by the Board.
§ (2) The following are the decisions referred to in subsection (1) above, namely—
- (a) a refusal to direct by virtue of section (Full registration by virtue of recognised overseas qualifications) above that a person be registered under that section as a fully registered medical practitioner;
- (b) a refusal to direct that a person be registered provisionally under section (Provisional registration of practitioners having recognised overseas qualifications) above;
- (c) in a case where at the date of the refusal a person had been registered with limited registration for a period, or for periods which amount in the aggregate to a period, of not less than three years and six months, a refusal to direct by virtue of section (Full registration for persons with limited registration) above that he be registered under section (Full registration by virtue of recognised overseas qualifications) above as a fully registered medical practitioner;
- (d) in the case of a person who is or has been registered with limited registration for a period, a refusal to direct under section (Limited registration of practitioners having overseas qualifications) (1) above that he be granted limited registration for a further period;
- (e) a refusal to direct that a person be registered with limited registration under section (Limited registration of practitioners having overseas qualifications) above by virtue of paragraph 4 of Schedule (Transitional provisions for overseas qualified practitioners) to this Act; and
- (f) a direction under section (Limited registration: erasure) (2) above that a person's name be erased from the register of medical practitioners with limited registration.
§ (3) A person in whose case a decision falling within subsection (2) above is made shall not be entitled to apply to the Review Board for the decision to be reviewed where—
- (a) the decision is such a refusal as is referred to in paragraph (a) of that subsection and the reason or one of the reasons for the refusal given by the Registrar is that the person does not satisfy the requirements of section (Experience required for registration by virtue of recognised overseas qualifications) above as to experience; or
- (b) the decision is such a refusal as is referred to in paragraph (a) or (b) of that subsection and the reason or one of the reasons for the refusal given by the Registrar is that no qualification which the person claims to hold is a recognised overseas qualification; or
- (c) the decision is such a refusal as is referred to in paragraph (a), (b), (c) or (d) of that subsection and the reason or one of the reasons for the refusal given by the Registrar is that the person has failed to satisfy him that he has the necessary knowledge of English.
§ (4) On completing a review under this section of any decision, the Review Board shall determine whether in their opinion the decision ought to stand and shall notify their opinion to the President of the General Council or to such other member of the Council as the Council may appoint to act for the purposes of this subsection; and the President or member so appointed may, if having regard to the Board's opinion he thinks fit, direct that the decision be reversed."
§ 42 Insert the following new clause:
§ "Knowledge of English to be a condition or registration under s. 18 or 23 of Medical Act 1956.
§ .—(1) As from the appointed day until their repeal by this Act, sections 18 and 23 of the Medical Act 1956 shall have effect subject to the modification that an applicant for registration under either of those sections shall not be entitled to be so registered unless he satisfies the Registrar that he has the necessary knowledge of English, that is, the knowledge which, in the interests of himself and his patients, is neiessary for the practice of medicine in the Ucnited Kingdom; and for the purpose of this subsection the General Council may provide facilities for testing the knowledge of English of such applicants.
§ (2) Section 24 of the Medical Act 1956 (which provides for appeals against refusal of registration under section 18 or 23 of that Act in certain cases) shall not apply in any case where an application for 602 registration under section 18 or 23 is refused and the reason or one of the reasons for the refusal is that the applicant has failed to satisfy the Registrar that he has the necessary knowledge of English."
§ 43 Clause 17, page 20, line 2, at end insert—
§ ""acceptable overseas qualification " has the meaning given by section (Limited registration of practitioners having overseas qualifications) (6) above;"
§
44 line 9, at end insert—
"limited registration " has the meaning given by section (Limited registration of practitioners having overseas qualifications) (2) above;
§ Lord WELLS-PESTELLMy Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 30 to 44. These Amendments I spoke to on Amendments Nos. 1 to 7. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Wells-Pestell.)
§ On Question, Motion agreed to.