Statutory Instruments
2005 No. 2361
HEALTH CARE AND ASSOCIATED PROFESSIONS
DOCTORS
The General and Specialist Medical Practice (Education, Training and Qualifications) Transitional Provisions Order 2005
Made
24th August 2005
Laid before Parliament
2nd September 2005
Coming into force
30th September 2005
The Secretary of State, in exercise of the powers conferred upon her by article 31(6) of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003( 1 ) hereby makes the following Order:
Citation, commencement and interpretation
1. —(1) This Order may be cited as the General and Specialist Medical Practice (Education, Training and Qualifications) Transitional Provisions Order 2005 and shall come into force on 30th September 2005.
(2) In this Order—
“the Order” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003;
“performers list” means a medical performers list, a primary medical services performers list or a primary medical services performers list (Scotland); and
“primary care organisation” means—
in England, a Primary Care Trust;
in Wales, a Local Health Board
in Scotland, a Health Board; and
in Northern Ireland, a Health and Social Services Board.
Article 16 of the Order
2. —(1) Until the coming into force of article 16 of the Order (decisions on inclusion in the Registers) in relation to general practitioners, paragraphs (2) and (3) shall apply in respect of decisions made by the Board under article 11(3) of the Order (general practitioners eligible for entry in the General Practitioner Register).
(2) The Board shall, within the time specified in paragraph (3), notify a person who has made an application to the Board under article 11(3) of the Order of the Board’s decision as to whether it is satisfied that the person is an eligible general practitioner.
(3) The specified time for the purposes of paragraph (2) is—
(a) the period of three months beginning with the date on which the Board receives the application with full supporting documentation; or
(b) any additional time which is permitted by article 15 of the Directive.
The General Practitioner Register
3. —(1) Where a general practitioner is included in the performers list of a primary care organisation at any time between the coming into force of this Order and 1st April 2006, the GMC may include his name in the General Practitioner Register from 1st April 2006 if the GMC is satisfied that—
(a) by virtue of information it has requested of, and received from, the primary care organisation in whose performers list that general practitioner is included, the general practitioner is eligible to be included in the General Practitioner Register by virtue of article 10(2) of the Order; and
(b) he is a registered medical practitioner,
unless the general practitioner has, prior to 1st April 2006, notified the GMC in writing that he does not wish his name to be so included.
(2) Paragraph (1) shall only apply in relation to a general practitioner whom the GMC proposes to include in the General Practitioner Register pursuant to that paragraph if the GMC has sent a written request to him to confirm that the information it has obtained by virtue of paragraph (1)(a) in respect of that practitioner is accurate.
(3) Where a primary care organisation receives a request for information from the GMC in relation to general practitioners included in its performers list for the purpose of paragraph (1), it shall, unless it has good reason for not doing so, supply the information requested.
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
24th August 2005
S.I. 2003/1250 , as amended by S.I. 2004/865 , 1947 , 2261 , 3038 and S.R. 2004/156 .