The European Qualifications (Health and Social Care Professions) Regulations 2007
2007 No. 3101
health care and associated professions
The European Qualifications (Health and Social Care Professions) Regulations 2007
Made 1st November 2007
Laid before Parliament 9th November 2007
The Secretary of State for Health, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the professions of dentistry, medicine, midwifery, nursing and pharmacy and their specialties2, in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the profession of social worker3, and in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations4, makes the following Regulations in exercise of his powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 25to, the European Communities Act 19726.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State for Health that it is expedient for the references to Directive 2005/36/ECof the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications7, or to a provision of that Directive, to be construed as references to that Directive, or to that provision of the Directive, as amended from time to time.
PART 1
INTRODUCTORY
Citation, commencement and extent
1.—(1) These Regulations may be cited as the European Qualifications (Health and Social Care Professions) Regulations 2007.
(2) These Regulations, except for those regulations specified in paragraph (3), shall come into force on 3rd December 2007.
(3) Regulations 81 to 87, 93(e), (f), (g) and (h) and 94(b) shall come into force on 1st April 2008.
(4) The extent of any amendment made by these Regulations is the same as that of the enactment amended.
PART 2
MEDICAL PRACTITIONERS: MEDICAL ACT 1983
Amendment of Medical Act 1983
2. The Medical Act 19838is amended in accordance with this Part.
Amendment of section 2
3. In section 29(registration of medical practitioners), for subsection (2)(d) substitute—
“(d)
“(d) the list of visiting medical practitioners from relevant European States”.
Amendment of section 3
4. In section 310(registration by virtue of primary United Kingdom or primary European qualifications)—
(a) in subsection (1)(b), for “any EEA State” substitute “any relevant European State”;
(b) in subsection (2)—
(i) in paragraph (a), for “an EEA State” substitute “a relevant European State”, and
(ii) for paragraph (b) substitute—
“(b)
“(b) is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State,”; and
(c) omit subsection (3).
Amendment of section 5
5. In section 511(general functions of the Education Committee in relation to medical education in the United Kingdom)—
(a) in subsection (2A), for “article 23 of Directive 93/16/EEC” substitute “article 24 of the Directive (basic medical training)”;
(b) omit subsection (2B); and
(c) in subsection (4), for the definition of “Directive 93/16/EEC” substitute—
““the Directive” means Directive 2005/36/ECof the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJNo. L255, 30.09.2005, p.22)12, and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision of the Directive, as amended from time to time;”.
Amendment of section 10A
6. In section 10A13(programmes for provisionally registered doctors), in subsection (6)(b), for “article 23 of Directive 93/16/EEC” substitute “article 24 of the Directive (basic medical training)”.
Amendment of section 14
7. In section 1414(alternative requirements as to experience in certain cases), in subsection (3), for “article 23 of Directive 93/16/EEC” substitute “article 24 of the Directive (basic medical training)”.
Insertion of section 14A
8. After section 14 insert—
“Full registration of EEA nationals etc without certain acquired rights certificates
14A.—(1) A person who is a national of a relevant European State—
(a)
(a) whose case falls within regulation 3(9)(a) of the General Systems Regulations,
(b)
(b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations,
(c)
(c) who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and
(d)
(d) whose fitness to practise is not impaired,
is entitled to be registered under this section as a fully registered medical practitioner.
(2) Any person who—
(a)
(a) is not a national of a relevant European State; but
(b)
(b) is, by virtue of any enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State,
shall be treated for the purposes of subsection (1) as if he were such a national.”.
Amendment of section 15A
9. In section 15A15(provisional registration for EEA nationals)—
(a) in the heading, after “EEA nationals” insert “etc”;
(b) in subsections (1), (2) and (3)(a), for “an EEA State” substitute “a relevant European State”;
(c) in subsection (3)(b), for “a right conferred by article 11 of Regulation (EEC) No 1612/68, or any other enforceable Community right” substitute “any enforceable Community right”; and
(d) in subsection (5), for “Article 23, paragraph 1(a), (b) and (c) of Directive 93/16/EEC” substitute “paragraph 3(a), (b) and (c) of article 24 of the Directive (basic medical training)”.
Amendment of section 16
10. In section 1616(registration of qualifications)—
(a) in subsection (1)—
(i) after “3,” insert “14A,”, and
(ii) for “the primary United Kingdom” substitute “any primary United Kingdom”;
(b) in subsections (1)(a) and (2), for “Schedule 2 to this Act” substitute “Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training)”; and
(c) in subsection (2), for “an EEA State” substitute “a relevant European State”.
Amendment of section 17
11.—(1) Section 1717(primary qualifications obtained in other EEA States) is amended as follows.
(2) In the heading, for “EEA States” substitute “relevant European States”.
(3) In subsection (1)—
(a)
(a) for “an EEA State” substitute “a relevant European State”;
(b)
(b) for paragraphs (a) to (c) substitute—
“(a)
“(a) a qualification listed in Annex V, point 5.1.1 of the Directive which was obtained in a relevant European State on or after the reference date and is not evidence of training commenced by the holder before that date, provided that that qualification is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”;
(b)
(b) subject to compliance with subsection (2) below, a qualification listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;
(ba)
(ba) subject to compliance with subsection (2A) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained on or after the reference date and is not evidence of training commenced by the holder before that date;
(c)
(c) subject to compliance with subsection (3) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;”; and
(c)
(c) in paragraph (e)(ii), for “the state or former state” substitute “the former state”.
(4) For subsections (2) and (3) substitute—
“2 For compliance with this subsection in the case of any qualification, either—
(a) evidence of the qualification must be—
(i) such that the Registrar is satisfied (by means of a certificate of a competent authority of the relevant European State in which it was obtained or otherwise) that it accords with the standards laid down by article 24 of the Directive (basic medical training), and
(ii) accompanied, where appropriate, by the certificate listed in relation to the State in which the qualification was obtained in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; or
(b) evidence of the qualification must be accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in medical practice in that State for at least three consecutive years during the five years preceding the date of the certificate.
2A For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of a competent authority of the relevant European State in which it was obtained to the effect that—
(a) it is evidence of training which satisfies the requirements of article 24 of the Directive...
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