UNITED KINGDOM STATUTORY INSTRUMENT
2019 No. 593
Exiting The European Union
Health Care And Associated Professions
Professional Qualifications
The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019
Made 14th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
S-1
Citation, commencement and extentCitation, commencement and extent
1.—(1) These Regulations may be cited as the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.
(2) These Regulations come into force on exit day.
(3) Any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.
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Medical practitionersMedical practitioners
2. In Schedule 1—
(a) Part 1 contains amendments about medical practitioners;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Pharmacists and pharmacy technicians
3. In Schedule 2—
(a) Part 1 contains amendments about pharmacists and pharmacy technicians;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Dentists and dental care professionals
4. In Schedule 3—
(a) Part 1 contains amendments about dentists and dental care professionals;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Nurses, midwives and nursing associates
5. In Schedule 4—
(a) Part 1 contains amendments about nurses, midwives and nursing associates;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Opticians
6. In Schedule 5—
(a) Part 1 contains amendments about opticians;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Osteopaths
7. In Schedule 6—
(a) Part 1 contains amendments about osteopaths;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Chiropractors
8. In Schedule 7—
(a) Part 1 contains amendments about chiropractors;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Health and social work professionals
9. In Schedule 8—
(a) Part 1 contains amendments about health and social work professionals;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Social workers in Scotland
10. In Schedule 9—
(a) Part 1 contains amendments about social workers in Scotland;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Social care workers in Northern Ireland
11. In Schedule 10—
(a) Part 1 contains amendments about social care workers in Northern Ireland;
(b) Part 2 contains savings and transitional provision relating to those amendments.
Social workers in England
12. In Schedule 11—
(a) Part 1 contains amendments about social workers in England;
(b) Part 2 contains savings and transitional provision relating to those amendments.
References to the General Systems Regulations
13.—(1) In this regulation—
“the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007;
“the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015.
(2) In these Regulations, any reference to the 2015 Regulations (or to any provision of those Regulations) includes a reference to the 2007 Regulations (or to any corresponding provision of those Regulations), so far as the 2007 Regulations continue (or, before exit day, continued) to apply by virtue of regulation 78 of the 2015 Regulations or regulation 155 of the European Qualifications (Health and Social Care Professions) Regulations 2016.
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Review of continued recognition of certain European qualificationsReview of continued recognition of certain European qualifications
14.—(1) The Secretary of State must, after the end of the period of two years beginning with the day on which these Regulations come into force—
(a)
(a) carry out a review of the operation of the provisions in paragraph (2) (which concern the recognition to be given to certain European qualifications after exit day), as inserted or amended by these Regulations,
(b)
(b) set out the conclusions of the review in the report, and
(c)
(c) publish the report.
(2) The provisions are—
(a)
(a) sections 21B(1A), (2)(a), (3), (4) (full registration of persons with an overseas qualification) and 21C(2A) (provisional registration of persons with an overseas qualification) of the Medical Act 1983,
(b)
(b) articles 4(1), (1A) (general practitioners eligible for entry in the general practitioner register), 8(1) (specialists eligible for entry in the specialist register) and 10 (recognised specialist qualifications granted outside the United Kingdom) of the Postgraduate Medical Education and Training Order of Council 2010,
(c)
(c) article 21(1A) to (1C) (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists) of the Pharmacy Order 2010,
(d)
(d) section 15(2)(a), (2ZA), (2ZB) and (4ZA) (qualification for registration in the dentists register) of the Dentists Act 1984,
(e)
(e) regulations 9(1) (eligible specialists) and 10 (recognised specialist dental qualifications) of the European Primary and Specialist Dental Qualifications Regulations 1998, and
(f)
(f) article 13(3) to (5) (approved qualifications) of the Nursing and Midwifery Order 2001.
(3) The report must be published within the period of six months beginning with the day after the end of the period referred to in sub-paragraph (1).
Stephen Hammond
Minister of State for Health,
Department of Health and Social Care
14th March 2019
SCHEDULES
SCHEDULE 1
Regulation 2
Medical Practitioners
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Amendments to legislationPART 1
Amendments to legislation
Medical Act 1983
1. The Medical Act 1983 is amended as follows.
2. In section 2 (registration of medical practitioners), in subsection (2)—
(a) at the end of paragraph (aa), insert “and”;
(b) omit paragraph (d) and the “and” before it.
3. In section 3 (registration by virtue of primary United Kingdom or primary European qualifications), in subsection (1)(b), after “qualifications” insert “and has made an application, before exit day, for registration under this paragraph or is provisionally registered under section 15A”.
4.—(1) Section 5 (general functions of the General Medical Council in relation to medical education in the United Kingdom)is amended as follows.
(2) Omit subsection (2A).
(3) In subsection (4), omit the definition of “the Directive”.
5.—(1) Section 10B (professional traineeships carried out in other relevant European States, etc)is amended as follows.
(2) In the heading, omit “other”.
(3) Before subsection (1), insert—
“A1 This section applies for the purposes of determining whether a person who—
(a) is a national of a relevant European state,
(b) holds a primary United Kingdom qualification, and
(c) has applied, before exit day, for registration under section 3(1)(a),
has satisfactorily completed an acceptable programme for doctors who are provisionally registered.”.
(4) In subsection (1)—
(a)
(a) for “an acceptable programme of provisionally registered doctors” substitute “such a programme”;
(b)
(b) omit the words from “other” to “qualification,”.
(5) Omit subsection (2).
(6) In subsection (3), for “(1)” substitute “(A1)”.
6.—(1) Section 14 (alternative requirements as to experience in certain cases)is amended as follows.
(2) Omit subsection (3).
(3) In subsection (4)(a), after “subsection (1)” insert “in connection with an application for registration under section 3(1)(a) made before exit day”.
7. In section 14A (full registration of EEA nationals etc without certain acquired rights certificates), in subsection (1), before paragraph (a) insert—
“(za)
“(za) who has made an application for registration under this section before exit day,”.
8. In section 15A (provisional registration for EEA nationals etc), in subsection (2), for “his fitness to practise is not impaired” substitute—
“—
(a)
(a) the person has made an application, before exit day, for registration under this section, and
(b)
(b) the person’s fitness to practise is not impaired.”.
9. In section 16 (registration of qualifications), in subsection (2), omit “a primary United Kingdom qualification or”.
10.—(1) Section 17 (primary qualifications obtained in other relevant European states) is amended as follows.
(2) In the heading, omit “other”.
(3) In subsection (1), omit “other than the United Kingdom”.
11. Omit section 18 (visiting medical practitioners from relevant European states).
12.—(1) Section 19 (full registration of EEA nationals etc by virtue of overseas primary qualifications etc)is amended as follows.
(2) Before subsection (1), insert—
“A1 Subsection (1) applies only in relation to an exempt person—
(a) who has made an application, before exit day, for registration under this section, or
(b) who is provisionally registered under section 21.”.
(3) For subsection (2), substitute—
“2 In this Act “exempt person” means—
(a) a person who, immediately before exit day, was a national of a relevant European State,
