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

• Citation: S.I. 2004/1947
• Sections: 20

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004.

(2) These Regulations shall come into force on 18th August 2004.

(3) The extent of any amendment made by these Regulations is the same as that of the enactment amended.

Section 2 The Nursing and Midwifery Order 2001

(1) The Nursing and Midwifery Order 2001 is amended in accordance with this regulation.

(2) In Schedule 4 to the Nursing and Midwifery Order 2001 (interpretation)—

(a) in the definition of—

(i) “EEA Agreement”, insert at the end “ and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ” ,

(ii) “Midwifery Directive”, for “and the Swiss Agreement” substitute “ , the Swiss Agreement and the Act of Accession 2003 ” , and

(iii) “Nursing Directive”, for “and the Swiss Agreement” substitute “ , the Swiss Agreement and the Act of Accession 2003 ” ;

(b) insert the following definition at the appropriate place—

“ the Act of Accession 2003 ” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;

Section 3 The Medical Act 1983

(1) The Medical Act 1983 is amended in accordance with this regulation.

(2) In section 3 (registration by virtue of primary United Kingdom or primary European qualifications), in subsection (3), in the definition of “the EEA Agreement”, for “and 84/2002 of 25th June 2002”, substitute “ , 84/2002 of 25th June 2002 and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ” .

(3) In section 4 (qualifying examinations and primary United Kingdom qualifications), omit subsection (5).

(4) In section 5 (general functions of the Education Committee in relation to medical education in the United Kingdom), in subsection (4), in the definition of “Directive 93/16/EEC ”—

(a) in sub-paragraph (b)(ii), omit “and” in the last place it appears; and

(b) after sub-paragraph (b)(iii), insert—

(iv) the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;

(5) In section 17 (primary qualifications obtained in other EEA States)—

(a) in subsection (1), after paragraph (d), insert—

(e) subject to compliance with subsection (4A) below, a qualification which—

(i) is evidence of training commenced before the date specified in column (a) of the table in that subsection and undertaken on the territory specified in the corresponding entry in column (b) of that table, or

(ii) was awarded by the state or former state specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).

(b) after subsection (4), insert—

(4A) For compliance with this subsection in the case of any qualification—

(a) it must be such that the Registrar is satisfied with respect to it (by means of a certificate from the medical authorities of the EEA State specified in the appropriate row of column (c) of the table below) that that qualification has, on its territory, the same legal validity as regards access to and practice of the medical profession as the qualification listed in relation to that State in Schedule 2 to this Act; and

(b) evidence of it must be accompanied by a certificate from those authorities stating that the holder has effectively and lawfully been engaged in the activity in question on the territory of that State for at least 3 consecutive years during the 5 years preceding the date of issue of that certificate.

(c) in subsection (5), for “(4)”, substitute “ (4A) ” ; and

(d) in subsection (6)—

(i) omit “and” at the end of paragraph (da), and

(ii) after paragraph (da), insert—

(db) in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1st May 2004;

(6) In the table in Schedule 2 (primary European Qualifications)—

(a) in the entry for “Greece”, in column 3, for “lατρικής”, substitute “ “Ιατρικής” ” ; and

(b) in the appropriate alphabetical position insert—

Section 4 Performance of functions under Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

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Section 5 General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

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Section 6 Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998

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Section 7 The National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998

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Section 8 The National Health Service (Vocational Training for General Medical Practice) Regulations 1997

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Section 9 The European Specialist Medical Qualifications Order 1995

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Section 10 The Vocational Training for General Medical Practice (European Requirements) Regulations 1994

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Section 11 The Dentists Act 1984

(1) The Dentists Act 1984 is amended in accordance with this regulation.

(2) In section 15 (qualification for registration in the dentists register), in subsection (7), in the definition of “EEA Agreement”, at the end, insert “ and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ” .

(3) In Schedule 2 (European dental qualifications)—

(a) in paragraph 1(1), in the definition of—

(i) “Community Council Directive No 78/686/EEC ”, for “and the Swiss Agreement”, substitute “ , the Swiss Agreement and the Act of Accession 2003; ” ,

(ii) “the Dental Training Directive”, for “and Directive 2001/19/EC ”, substitute “ , Directive 2001/19/EC and the Act of Accession 2003 ” , and

(iii) “the implementation date”, omit “and” at the end of sub-paragraph (da) and after sub-paragraph (da), insert—

(db) in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1st May 2004;

(b) in paragraph 1(2), after the definition of “the Swiss Agreement” insert—

“ the Act of Accession 2003 ” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003.

(c) after paragraph 7, add—

(8)

(1) A diploma in dentistry which—

(a) is evidence of training that commenced before the date specified in column (a) of the table below in the territory specified in the corresponding entry in column (b) of that table; or

(b) was awarded by the state (or former state) specified in column (b) of that table before the date specified in the corresponding entry in column (a) of that table,

is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar the certificates specified in sub-paragraph (2).

(2) The certificates specified for the purposes of sub-paragraph (1) are—

(a) a certificate of the competent authority of the EEA State specified in the corresponding entry in column (c) of the table stating that he has effectively and lawfully practised dentistry in that EEA State for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(b) a certificate from the competent authority of that EEA State stating that that diploma has, on its territory, the same legal validity as regards access to and practice of the dental profession as the scheduled European diploma specified in relation to that State.

(9) A diploma in medicine awarded in the Czech Republic or in the former Czechoslovakia which is evidence of university medical training commenced before 1st May 2004 is an appropriate European Diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of the competent authority of the Czech Republic certifying that he—

(a) has—

(i) effectively, lawfully and principally been engaged, in the Czech Republic, in the activities specified in Article 5 of the Dental Training Directive for at least three consecutive years during the five years preceding the date of issue of that certificate, or

(ii) successfully completed three years of study which are equivalent to the training referred to in Article 1 of the Dental Training Directive; and

(b) is authorised to practise the activities referred to in sub-paragraph (a)(i) under the same conditions as holders of the scheduled European diploma specified in relation to the Czech Republic.

(10) A diploma in medicine awarded in Slovakia or in the former Czechoslovakia which is evidence of university medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of the competent authority of Slovakia certifying that he—

(a) has—

(i) effectively, lawfully and principally been engaged, in Slovakia, in the activities specified in Article 5 of the Dental Training Directive for at least three consecutive years during the five years preceding the date of issue of that certificate, or

(ii) successfully completed three years of study which are equivalent to the training referred to in Article 1 of the Dental Training Directive; and

(b) is authorised to practise the activities referred to in sub-paragraph (a)(i) under the same conditions as holders of the scheduled European diploma specified in relation to Slovakia.

(d) in Part II (Scheduled European Diplomas), insert in the table in the appropriate alphabetical position—

Section 12 The European Primary and Specialist Dental Qualifications Regulations 1998

(1) The European Primary and Specialist Dental Qualifications Regulations 1998 shall be amended in accordance with this regulation.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), in the definition of—

(i) “EEA agreement”, insert at the end “ and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ” ,

(ii) “the Dental Training Directive”, for “and Directive 2001/19/EC ” substitute “ , Directive 2001/19/EC and the Act of Accession 2003; ” , and

(iii) “the Recognition Directive”, for “and the Swiss Agreement”, substitute “ , the Swiss Agreement and the Act of Accession 2003; ” ; and

(b) in paragraph (3)—

(i) after sub-paragraph (d) insert—

(e) “ the Act of Accession 2003 ” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003.

(ii) insert the following definition in the appropriate alphabetical position—

“ national ”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services

(3) In regulation 6 (certificates of completion of specialist training), omit paragraph (7).

(4) In regulation 10 (recognised specialist dental qualifications)—

(a) in paragraph (1), after sub-paragraph (d) insert—

(e) a qualification in orthodontics or (as the case may be) oral surgery which—

(i) was awarded by, or which relates to training started in, the territory specified in column (a) of the table below before the date specified in the corresponding entry in column (b), and

(ii) is accompanied by—

(aa) an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) to the effect that the qualification has, on its territory, the same legal validity as the qualifications listed in respect of that State in Schedule 1 to this Order as regards the access to and practice of orthodontics or (as the case may be) oral surgery, and

(bb) a certificate from the competent authorities of that State which states that the holder has effectively and lawfully practised orthodontics or (as the case may be) oral surgery in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.

(b) in paragraph (3)—

(i) after sub-paragraph (ca), insert—

(cb) 1st May 2004, in the case of a qualification granted in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or

(ii) omit “or” after sub-paragraph (ca).

(5) In Schedule 1 (specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery)—

(a) in Part I (orthodontics)—

(i) in the entry for Belgium—

(aa) in column 2, for “—”, substitute “ Bijzondere beroepstitel van tandarts specialist in de orthodontie/Titre professionnel particulier de dentiste spécialiste en orthodontie ” ; and

(bb) in column 3, for “—”, substitute “ Minister bevoegd voor Volksgezondheit/Ministre de la Santé publique ” ,

(ii) in the entry for Greece, for the last word in column 2, substitute“Ορθοδοντικής”and

(iii) in the appropriate alphabetical position insert—

(b) in Part II (oral surgery)

(i) in the appropriate aphabetical position insert—

(ii) in the entry for Greece, in column 2, for the last word substitute “Γναθοχειρουργικής ”

Section 13 Pharmacy Act 1954

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Section 14 The General Osteopathic Council (Registration) Rules Order of Council 1998

(1) The Schedule to the General Osteopathic Council (Registration) Rules Order of Council 1998 is amended in accordance with this regulation.

(2) In rule 3 (the form of the register), in paragraph (4)—

(a) for sub-paragraph (b), substitute—

(b) “ European Economic Area State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

(b) omit sub-paragraph (c).

Section 15 The General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000

(1) The Schedule to the General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 is amended in accordance with this regulation.

(2) In rule 2 (interpretation), in paragraph (1)—

(a) for the definition of “European Economic Area State”, substitute—

“ European Economic Area State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

(b) omit the definition of “European Economic Area Agreement”.

Section 16 The General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999

(1) The Schedule to the General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999 is amended in accordance with this regulation.

(2) In rule 9 (fees), in paragraph (3)—

(a) for sub-paragraph (a), substitute—

(a) “ European Economic Area State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

(b) omit sub-paragraph (b).

Section 17 The General Chiropractic Council (Registration) Rules Order of Council 1999

(1) The Schedule to the General Chiropractic Council (Registration) Rules Order of Council 1999 is amended in accordance with this regulation.

(2) In Schedule 2 to the Rules (fees), in paragraph 6—

(a) for sub-paragraph (a), substitute—

(a) “ European Economic Area State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

(b) omit sub-paragraph (b).

Section 18 The General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002

(1) The Schedule to the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002 is amended in accordance with this regulation.

(2) In rule 9 (application and interpretation of Part III), in paragraph (2)—

(a) for the definition of “EEA State”, substitute—

“ EEA State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

(b) insert in the appropriate alphabetical position—

“ relevant EEA State ” means the applicant’s EEA State of origin, the EEA State from which the applicant comes or the EEA State in which the applicant formerly qualified or practised;

(c) omit the definitions of “Member State” and “relevant Member State”.

(3) In rule 10(4) (applications), 11(1)(a) and (b)(i) (evidence of good character) and 12(1) (evidence as to health), for the words “Member State”, substitute “ EEA State ” .

Section 19 The Health Professions Order 2001

(1) The Health Professions Order 2001 is amended in accordance with this regulation.

(2) In Schedule 3 (interpretation)—

(a) omit the definition of “EEA Agreement”; and

(b) for the definition of “EEA State”, substitute—

“ EEA State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

Section 20 The Care Standards Act 2000

(1) The Care Standards Act 2000 is amended in accordance with this regulation.

(2) In section 64 (qualifications gained outside a Council’s area), in subsection (5)—

(a) for the definition of “EEA State”, substitute—

“ EEA State ” means a member State, Norway, Liechtenstein, Iceland or Switzerland;

(b) omit the definition of “EEA Agreement”; and

(c) in the definition of “national”, after “Treaties”, insert “ but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services ” .