The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004
| Year | 2004 |
2004 No. 1947
HEALTH CARE AND ASSOCIATED PROFESSIONS
The European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004
Made 21th July 2004
Laid before Parliament 28th July 2004
Coming into force 18th August 2004
The Secretary of State for Health, being 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, in the exercise of the powers conferred by the said section 2(2)5, and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and extent
1.—(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.
NURSES AND MIDWIVES
The Nursing and Midwifery Order 2001
2.—(1) The Nursing and Midwifery Order 20016is amended in accordance with this regulation.
(2) In Schedule 4 to the Nursing and Midwifery Order 2001 (interpretation)—
(a)
(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)
(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;”.
DOCTORS
The Medical Act 1983
3.—(1) The Medical Act 19837is 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 20038”.
(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)
(a) in sub-paragraph (b)(ii), omit “and” in the last place it appears; and
(b)
(b) after sub-paragraph (b)(iii), insert—
“(iv)
“(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)
(a) in subsection (1), after paragraph (d), insert—
“(e)
“(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)
(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.
Column (a) |
Column (b) |
Column (c) |
1st January 1993 |
Former Czechoslovakia |
Czech Republic |
1st January 1993 |
Former Czechoslovakia |
Slovakia |
20th August 1991 |
Former Soviet Union |
Estonia |
21st August 1991 |
Former Soviet Union |
Latvia |
11th March 1990 |
Former Soviet Union |
Lithuania |
25th June 1991 |
Yugoslavia |
Slovenia” |
(c)
(c) in subsection (5), for “(4)”, substitute “(4A)”; and
(d)
(d) in subsection (6)—
(i) omit “and” at the end of paragraph (da), and
(ii) after paragraph (da), insert—
“(db)
“(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)—
DOCTORS—SPECIALISTS AND GENERAL MEDICAL PRACTITIONERS
Performance of functions under Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
4. The Postgraduate Medical Education and Training Board shall, in performing its functions under Part 1 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 20039, apply the provisions of the—
(a) Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 199810as if they had effect as modified by virtue of regulation 6;
(b) National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 199811as if they had effect as modified by virtue of regulation 7;
(c) National Health Service (Vocational Training for General Medical Practice) Regulations 199712as if they had effect as modified by virtue of regulation 8; and
(d) European Specialist Medical Qualifications Order 199513as if they had effect as modified by virtue of regulation 9.
General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
5.—(1) The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 is amended in accordance with this regulation.
(2) In article 8 (award and withdrawal of a Certificate of Completion of Training), in paragraph (6), omit from “and where more than one year” to the end of that paragraph.
(3) In article 11 (general practitioners eligible for entry in the General Practitioner Register), in paragraph (1)—
(a)
(a) in sub-paragraph (a), after the words “vocational training certificate” insert “listed in Schedule 6A, together with the corresponding professional title”; and
(b)
(b) after sub-paragraph (a), insert—
“(aa)
“(aa) he is a person falling within sub-paragraph (a)(i) or (ii), and—
(i) he holds a vocational training certificate awarded by a Member State that is not listed in Schedule 6A, and
(ii) that certificate is accompanied by a certificate of the competent authorities of that State to the effect that the qualification was awarded following training in accordance with the relevant provisions of Title IV of the Directive (which contains the minimum standards of training for the award of a vocational training certificate in general medical practice) and is treated by that State as if it were a qualification set out under the heading relating to the State in Schedule 6A;”.
(4) In article 15 (recognised specialist qualifications)—
(a)
(a) in paragraph (1), after sub-paragraph (f), insert—
“(g)
“(g) a specialist qualification in a specialty listed in Part 1 of Schedule 3 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) of that table,
(ii) is accompanied by an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) in that...
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