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 1983(8) is amended in accordance with this Part.

Amendment of section 2

3.  In section 2(9) (registration of medical practitioners), for subsection (2)(d) substitute—

“(d) the list of visiting medical practitioners from relevant European States”.

Amendment of section 3

4.  In section 3(10) (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) 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 5(11) (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/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No. 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 10A(13) (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 14(14) (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) whose case falls within regulation 3(9)(a) of the General Systems Regulations,

(b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations,

(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) 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) is not a national of a relevant European State; but

(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 15A(15) (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 16(16) (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 17(17) (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) for “an EEA State” substitute “a relevant European State”;

(b) for paragraphs (a) to (c) substitute—

“(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) 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) 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) 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) 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; and

(b) it is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.1 of the Directive.

(3) For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate such as is described in—

(a) subsection (2)(b); or

(b) subsection (2A).”.

(5) In subsection (4)—

(a) in paragraph (a), for “Schedule 2 to this Act” substitute “Annex V, point 5.1.1 of the Directive”; and

(b) in paragraphs (a) and (b), for “the German medical authorities” substitute “a competent authority of Germany”.

(6) In subsection (4A)—

(a) in paragraph (a)—

(i) for “the medical authorities of the EEA State” substitute “a competent authority of the relevant European State”, and

(ii) for “Schedule 2 to this Act” substitute “Annex V, point 5.1.1 of the Directive”;

(b) in paragraph (b), for “those authorities” substitute “a competent authority of that State”; and

(c) in column (b) of the Table, for “Yugoslavia” substitute “Former Yugoslavia”.

(7) Omit subsection (5).

(8) For subsection (6) substitute—

“(6) In this section, “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.1 of the Directive.”.

Substitution of section 18

12.  For section 18(18) (visiting EEC practitioners) substitute—

“Visiting medical practitioners from relevant European States

18.  Schedule 2A to this Act (visiting medical practitioners from relevant European States) shall have effect.”.

Amendment of section 19

13.  In section 19(19) (full registration of EEA nationals etc by virtue of overseas primary qualifications etc)—

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

“(aa) that, where—

(i) that qualification was, or would have been, granted otherwise than in a relevant European State, and

(ii) that qualification, or the person’s having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

the qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training);”;

(b) after subsection (1) insert—

“(1A) Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.”;

(c) for subsection (2) substitute—

“(2) In this Act “exempt person” means a person who—

(a) is a national of a relevant European State other than the United Kingdom;

(b) is a national of the United Kingdom who is seeking access to, or is pursuing, the medical profession by virtue of an enforceable Community right; or

(c) is not a national of a relevant European State, but 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

(d) in subsection (3), for paragraph (a) substitute—

“(a) if the applicant holds a medical qualification which was granted otherwise than in a relevant European State, but has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a medical practitioner in that State, the acceptance of that qualification; and”.

Insertion of section 19A

14.  After section 19 insert—

“Full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom

19A.  An exempt person—

(a) whose case falls within regulation 3(9)(e) of the General Systems Regulations,

(b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations,

(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) whose fitness to practise is not impaired,

is entitled to be registered under this section as a fully registered medical practitioner.”.

Amendment of section 21

15.  In section 21(20) (provisional registration of EEA nationals