The Veterinary Surgeons' Qualifications (European Recognition and Knowledge of Language) Regulations 2015
| Year | 2015 |
2015No. 2073
VETERINARY SURGEONS
The Veterinary Surgeons' Qualifications (European Recognition and Knowledge of Language) Regulations 2015
18thDecember2015
22ndDecember2015
18thJanuary2016
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations( 2).
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 that it is expedient for the reference to Directive 2005/36/ECof the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications( 3) in these Regulations to be construed as references to that instrument as amended from time to time.
The Secretary of State makes these Regulations under the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972( 4).
Citation and commencement
1. These Regulations-
(a) may be cited as the Veterinary Surgeons' Qualifications (European Recognition and Knowledge of Language) Regulations 2015; and
(b) come into force on 18th January 2016.
Amendment of the Veterinary Surgeons Act 1966
2. The Veterinary Surgeons Act 1966( 5) is amended in accordance with regulations 3 to 14.
Amendment of section 5A
3. In section 5A (registration of Community rights entitled persons: European qualifications)-
(a) in subsection (1)-
(i) in the opening words, after the second "entitled", insert "under this section";
(ii) before paragraph (a), insert-
"(za) the person is not entitled under section 3 to be registered in the register;"
(iii) omit the word "and" immediately preceding paragraph (c); and
(iv) at the end, before the full stop, insert-
";
(d) the registrar, where an alert has been received under Article 56a of Directive 2005/36/ECin respect of that person, is of the opinion that the substance of the alert does not render the person unfit to practise veterinary surgery; and
(e) the registrar does not have a serious and concrete doubt that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom"; and
(b) in subsection (3)-
(i) in paragraph (a)(i), for "Table A of Schedule 1A", substitute "the Directive table";
(ii) in paragraph (a)(ii), for "Table", substitute "table";
(iii) in paragraphs (c) and (d), omit "other than the United Kingdom";
(iv) omit the word "and" immediately preceding paragraph (e); and
(v) at the end, before the full stop, insert-
"; and
(f) evidence that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom".
Amendment of section 5B
4. In section 5B (registration of Community rights entitled persons: knowledge and skill), in subsection (1)-
(a) in the opening words, after the second "entitled", insert "under this section";
(b) for paragraphs (b) and (c), substitute-
"(b) the person's case falls within regulation 3(8)(a), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015( 6);
(c) regulations 27 to 34 of those Regulations apply to the person by reason of the operation of regulation 3(5) of those Regulations;"; and
(c) at the end, before the full stop, insert-
";
(e) the registrar, where an alert has been received under Article 56a of Directive 2005/36/ECin respect of that person, is of the opinion that the substance of the alert does not render the person unfit to practise veterinary surgery; and
(f) the registrar does not have a serious and concrete doubt that the person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom".
Insertion of section 5ZBA
5. After section 5B, insert-
(1) This section applies where-
(a) the registrar has a serious and concrete doubt about whether a person has a knowledge of language sufficient to practise as a veterinary surgeon in the United Kingdom, as mentioned in section 5A(1)(e), section 5B(1)(f) and section 6(1)(d); or
(b) the registrar is not satisfied that evidence provided by a person under section 5A(3)(f) or paragraph 5(3)(e) of Schedule 1B shows that person to have a knowledge of language sufficient to practise as a...
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