Citation and commencement

1. These Regulations may be cited as the Medical Act 1983 (Provisonal Registration) Regulations and shall come into force on 4th December.

Amendment of the Medical Act 1983

2.The Medical Act 1983( 3 ) shall be amended in accordance with the following provisions of these Regulations.

Insertion of section 15A

3. After section 15, there shall be inserted the following section—

“ Provisional registration for EEA nationals

15A. —(1) This section shall have effect for enabling a national of an EEA State to be employed for the purpose of enabling him to acquire the clinical experience under appropriate supervision which he needs in order to obtain a primary European qualification.

(2) A national of an EEA State who, but for the acquisition of suitable clinical experience, has completed the training required for a primary European qualification, shall be entitled to be registered provisionally under this section.

(3) Any person who—

(a) is not a national of an EEA State; but

(b) is, by virtue of a right conferred by article 11 of Regulation ( EEC ) No. 1612/68 4 ) , or any other enforceable Community right, entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,

shall be treated for the purposes of subsections (1) and (2) as if he were such a national.

(4) Subsection (3) of section 15 above shall apply for the purposes of this section as it applies for the purposes of that.

(5) For the purposes of subsection (2), a person has completed the training required for a primary European qualification, but for the acquisition of suitable clinical experience, where he has obtained a medical degree which guarantees that he has fulfilled the requirements of Article 23, paragraph 1(a), (b) and (c) of Directive 93/16/EEC 5 ) . ” .

Consequential amendments

4. —(1) In section 16, for the words “section 3 above or section 15” there shall be substituted the words “section 3, 15 or 15A”.

(2) In section 30(1), in paragraphs (a) and (b), for the words “section 3 or 15” in each place where they occur there shall be substituted the words “section 3, 15 or 15A”.

(3) In section 31(4), after the words “section 15” there shall be inserted the words “or 15A”.

(4) In section 34(4), after the words “15,” there shall be inserted the words “15A,”.

(5) In section 41(3), after the words “section 15” in each place where they occur there shall be inserted the words “, 15A”.

(6) In section 55(1)—

(a) in the definition of “fully registered person”, in paragraph (a), after the words “section 15” there shall be inserted the words “(including that subsection as applied by section 15A(4))”;

(b) in the definition of “provisionally registered”, after the words “section 15” there shall be inserted the words “, 15A”.

(7) In Schedule 3—

(a) in paragraph 1(1), for the words “section 3 or 15” there shall be substituted the words “section 3, 15 or 15A”;

(b) in paragraph 2(1)(a), for the words “section 3 or section 15” there shall be substituted the words “section 3, 15 or 15A”;

(c) in paragraphs 3(1), 3(2)(b) and 5(1), for the words “section 3 or 15” in each place where they occur there shall be substituted the words “section 3, 15 or 15A”.