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Statutory Instruments

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

Coming into force

Regulations 81 to 87, 93(e), (f) (g) and (h) and 94(b)

1st April 2008

Remainder

3rd December 2007

Contents

Go to Preamble

  1. PART 1

    INTRODUCTORY

    1. 1. Citation, commencement and extent

  2. PART 2

    MEDICAL PRACTITIONERS: MEDICAL ACT 1983

    1. 2. Amendment of Medical Act 1983

    2. 3. Amendment of section 2

    3. 4. Amendment of section 3

    4. 5. Amendment of section 5

    5. 6. Amendment of section 10A

    6. 7. Amendment of section 14

    7. 8. Insertion of section 14A

    8. 9. Amendment of section 15A

    9. 10. Amendment of section 16

    10. 11. Amendment of section 17

    11. 12. Substitution of section 18

    12. 13. Amendment of section 19

    13. 14. Insertion of section 19A

    14. 15. Amendment of section 21

    15. 16. Amendment of section 21B

    16. 17. Amendment of section 21C

    17. 18. Amendment of section 26

    18. 19. Amendment of section 30

    19. 20. Amendment of section 32

    20. 21. Amendment of section 40

    21. 22. Amendment of section 44

    22. 23. Amendment of section 44B

    23. 24. Insertion of section 44BA

    24. 25. Repeal of section 45

    25. 26. Amendment of section 46

    26. 27. Amendment of section 49

    27. 28. Insertion of section 49B

    28. 29. Amendment of section 55

    29. 30. Amendment of Schedule 1

    30. 31. Repeal of Schedule 2

    31. 32. Insertion of Schedule 2A

    32. 33. Amendment of Schedule 3

    33. 34. Amendment of Schedule 3A

    34. 35. Amendment of Schedule 4

    35. 36. Insertion of Schedule 4A

  3. PART 3

    MEDICAL PRACTITIONERS: THE GENERAL AND SPECIALIST MEDICAL PRACTICE (EDUCATION, TRAINING AND QUALIFICATIONS) ORDER 2003

    1. 37. Amendment of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

    2. 38. Amendment of article 5

    3. 39. Substitution of article 6

    4. 40. Amendment of article 8

    5. 41. Amendment of article 10

    6. 42. Amendment of article 11

    7. 43. Insertion of article 11A

    8. 44. Amendment of article 12

    9. 45. Amendment of article 13

    10. 46. Amendment of article 14

    11. 47. Insertion of article 14A

    12. 48. Amendment of article 15

    13. 49. Insertion of article 15A

    14. 50. Substitution of article 16

    15. 51. Amendment of article 18

    16. 52. Substitution of article 19

    17. 53. Revocation of article 20

    18. 54. Amendment of article 21

    19. 55. Amendment of article 23

    20. 56. Amendment of Schedule 1

    21. 57. Amendment of Schedule 2

    22. 58. Amendment of Schedule 3

    23. 59. Repeal of Schedule 4

    24. 60. Repeal of Schedule 5

    25. 61. Amendment of Schedule 6

    26. 62. Repeal of Schedule 6A

    27. 63. Repeal of Schedule 7

    28. 64. Insertion of Schedule 7A

  4. PART 4

    MEDICAL PRACTITIONERS: OTHER LEGISLATION

    1. 65. Amendment of the Value Added Tax Act 1994

    2. 66. Amendment of the European Primary Medical Qualifications Regulations 1996

    3. 67. Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

    4. 68. Amendment of the National Health Service (Performers Lists) Regulations 2004

    5. 69. Amendment of the National Health Service (Performers Lists) (Wales) Regulations 2004

    6. 70. Amendment of the General Medical Council (Fitness to Practise) Rules 2004

  5. PART 5

    PHARMACISTS AND PHARMACY TECHNICIANS: THE PHARMACISTS AND PHARMACY TECHNICIANS ORDER 2007

    1. 71. Amendment of the Pharmacists and Pharmacy Technicians Order 2007

    2. 72. Amendment of article 3

    3. 73. Amendment of article 10

    4. 74. Amendment of article 11

    5. 75. Amendment of article 12

    6. 76. Amendment of article 14

    7. 77. Amendment of article 16

    8. 78. Amendment of article 17

    9. 79. Substitution of article 18

    10. 80. Insertion of article 18A

    11. 81. Amendment of article 21

    12. 82. Amendment of article 22

    13. 83. Amendment of article 23

    14. 84. Amendment of article 25

    15. 85. Amendment of article 27

    16. 86. Amendment of article 28

    17. 87. Insertion of articles 28A and 28B

    18. 88. Amendment of article 33

    19. 89. Amendment of article 35

    20. 90. Amendment of article 36

    21. 91. Amendment of article 39

    22. 92. Amendment of article 40

    23. 93. Amendment of article 42

    24. 94. Amendment of article 43

    25. 95. Insertion of article 64A

    26. 96. Amendment of article 66

    27. 97. Insertion of Schedules A1 and A2

  6. PART 6

    PHARMACISTS AND PHARMACY TECHNICIANS: OTHER LEGISLATION

    1. 98. Amendment of the Medicines Act 1968

    2. 99. Amendment of the National Health Service (Scotland) Act 1978

    3. 100. Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

    4. 101. Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005

    5. 102. Amendment of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005

    6. 103. Amendment of the Health Act 2006

    7. 104. Amendment of the National Health Service Act 2006

    8. 105. Amendment of the National Health Service (Wales) Act 2006

    9. 106. Amendment of the Controlled Drugs (Supervision of Management and Use) Regulations 2006

    10. 107. Amendment of the Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007

    11. 108. Amendment of the Approved European Pharmacy Qualifications Order of Council 2007

  7. PART 7

    DENTISTS AND PROFESSIONS COMPLEMENTARY TO DENTISTRY: DENTISTS ACT 1984

    1. 109. Amendment of Dentists Act 1984

    2. 110. Insertion of section 12A

    3. 111. Amendment of section 14

    4. 112. Amendment of section 15

    5. 113. Amendment of section 16

    6. 114. Amendment of section 17

    7. 115. Amendment of section 18

    8. 116. Amendment of section 19

    9. 117. Substitution of section 21A

    10. 118. Insertion of section 34AA

    11. 119. Amendment of section 35

    12. 120. Amendment of section 36

    13. 121. Insertion of sections 36ZA and 36ZB

    14. 122. Amendment of section 36B

    15. 123. Amendment of section 36C

    16. 124. Amendment of section 36E

    17. 125. Amendment of section 36F

    18. 126. Insertion of sections 36Z3 and 36Z4

    19. 127. Amendment of section 38

    20. 128. Amendment of section 39

    21. 129. Amendment of section 53

    22. 130. Amendment of Schedule 2

    23. 131. Amendment of Schedule 2A

    24. 132. Substitution of Schedule 4

    25. 133. Insertion of Schedule 4ZA

    26. 134. Amendment of Schedule 4A

  8. PART 8

    DENTISTS: THE EUROPEAN PRIMARY AND SPECIALIST DENTAL QUALIFICATIONS REGULATIONS 1998

    1. 135. Amendment of the European Primary and Specialist Dental Qualifications Regulations 1998

    2. 136. Amendment of regulation 2

    3. 137. Amendment of regulation 3

    4. 138. Substitution of regulation 4

    5. 139. Amendment of regulation 7

    6. 140. Amendment of regulation 8

    7. 141. Amendment of regulation 9

    8. 142. Insertion of regulation 9A

    9. 143. Amendment of regulation 10

    10. 144. Amendment of regulation 13

    11. 145. Amendment of regulation 14

    12. 146. Insertion of regulation 14A

    13. 147. Repeal of regulations 16, 17, 18 and 21

    14. 148. Insertion of Schedule A1

    15. 149. Repeal of Schedule 1

    16. 150. Repeal of Schedule 2

  9. PART 9

    DENTISTS: OTHER LEGISLATION

    1. 151. Amendment of the Medicines Act 1968

    2. 152. Amendment of the Misuse of Drugs Act 1971

    3. 153. Amendment of the Poisons Act 1972

    4. 154. Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

  10. PART 10

    NURSES AND MIDWIVES: NURSING AND MIDWIFERY ORDER 2001

    1. 155. Amendment of Nursing and Midwifery Order 2001

    2. 156. Amendment of article 6

    3. 157. Amendment of article 7

    4. 158. Amendment of article 8

    5. 159. Amendment of article 9

    6. 160. Amendment of article 10

    7. 161. Omission of article 11

    8. 162. Amendment of article 13

    9. 163. Amendment of article 14

    10. 164. Amendment of article 15

    11. 165. Amendment of article 19

    12. 166. Amendment of article 37

    13. 167. Amendment of article 38

    14. 168. Substitution of article 39

    15. 169. Insertion of article 39A

    16. 170. Substitution of article 40

    17. 171. Insertion of Schedule 2A

    18. 172. Substitution of Schedule 3

    19. 173. Amendment of Schedule 4

  11. PART 11

    NURSES AND MIDWIVES: OTHER LEGISLATION

    1. 174. The Nursing and Midwifery Council (Fees) Rules 2004

    2. 175. The Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004

    3. 176. The European Nursing and Midwifery Qualifications Designation Order of Council 2004

    4. 177. The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004

  12. PART 12

    OPTICIANS: OPTICIANS ACT 1989

    1. 178. Amendment of Opticians Act 1989

    2. 179. Amendment of section 8

    3. 180. Insertion of sections 8B, 8C and 8D

    4. 181. Amendment of section 10

    5. 182. Amendment of section 10A

    6. 183. Amendment of section 11A

    7. 184. Amendment of section 11B

    8. 185. Amendment of section 28

    9. 186. Amendment of section 29

    10. 187. Amendment of section 36

    11. 188. Amendment of Schedule 1A

  13. PART 13

    OPTICIANS: OTHER LEGISLATION

    1. 189. Amendment of the National Health Service Act 1977

    2. 190. Amendment of the National Health Service (Scotland) Act 1978

    3. 191. Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979

    4. 192. Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979

    5. 193. Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

    6. 194. Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986

    7. 195. Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992

    8. 196. Amendment of the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993

    9. 197. Amendment of the Prescription Only Medicines (Human Use) Order 1997

    10. 198. Amendment of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999

    11. 199. Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

    12. 200. Amendment of the General Social Care Council (Appointments and Procedure) Regulations 2001

    13. 201. Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

    14. 202. Amendment of the General Optical Council (Registration Rules) 2005

    15. 203. Amendment of the National Health Service Act 2006

    16. 204. Amendment of the National Health Service (Wales) Act 2006

    17. 205. Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

  14. PART 14

    OSTEOPATHS: OSTEOPATHS ACT 1993

    1. 206. Amendment of the Osteopaths Act 1993

    2. 207. Insertion of section 5A

    3. 208. Amendment of section 6

    4. 209. Amendment of section 8

    5. 210. Amendment of section 17

    6. 211. Amendment of section 29

    7. 212. Insertion of section 29A

    8. 213. Amendment of section 37

    9. 214. Amendment of section 41

  15. PART 15

    OSTEOPATHS: OTHER LEGISLATION

    1. 215. Amendment of the General Osteopathic Council (Registration) Rules 1998

    2. 216. Amendment of the General Osteopathic Council (Professional Indemnity Insurance) Rules 1998

    3. 217. Amendment of the General Osteopathic Council (Recognition of Qualifications) Rules 2000

  16. PART 16

    CHIROPRACTORS: CHIROPRACTORS ACT 1994

    1. 218. Amendment of the Chiropractors Act 1994

    2. 219. Insertion of section 5A

    3. 220. Amendment of section 6

    4. 221. Amendment of section 8

    5. 222. Amendment of section 17

    6. 223. Amendment of section 29

    7. 224. Insertion of section 29A

    8. 225. Amendment of section 37

    9. 226. Amendment of section 43

  17. PART 17

    CHIROPRACTORS: OTHER LEGISLATION

    1. 227. Amendment of the General Chiropractic Council (Registration) Rules 1999

    2. 228. Amendment of the General Chiropractic Council (Professional Indemnity Insurance) Rules 1999

    3. 229. Amendment of the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002

  18. PART 18

    SOCIAL WORKERS: CARE STANDARDS ACT 2000

    1. 230. Amendment of the Care Standards Act 2000

    2. 231. Amendment of section 55

    3. 232. Amendment of section 56

    4. 233. Amendment of section 57

    5. 234. Amendment of section 58

    6. 235. Insertion of section 58A

    7. 236. Amendment of section 60

    8. 237. Amendment of section 61

    9. 238. Substitution of section 64

    10. 239. Amendment of section 65

    11. 240. Amendment of section 66

    12. 241. Amendment of section 68

    13. 242. Amendment of section 71

  19. PART 19

    SOCIAL WORKERS: HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001

    1. 243. Amendment of the Health and Personal Social Services Act (Northern Ireland) 2001

    2. 244. Amendment of section 2

    3. 245. Amendment of section 3

    4. 246. Amendment of section 4

    5. 247. Amendment of section 5

    6. 248. Insertion of section 5A

    7. 249. Amendment of section 7

    8. 250. Amendment of section 8

    9. 251. Amendment of section 11

    10. 252. Amendment of section 12

    11. 253. Amendment of section 13

    12. 254. Amendment of section 15

    13. 255. Amendment of section 18

  20. PART 20

    SOCIAL WORKERS: REGULATION OF CARE (SCOTLAND) ACT 2001

    1. 256. Amendment of the Regulation of Care (Scotland) Act 2001

    2. 257. Amendment of section 44

    3. 258. Amendment of section 45

    4. 259. Amendment of section 46

    5. 260. Insertion of sections 46A and 46B

    6. 261. Amendment of section 47

    7. 262. Amendment of section 50

    8. 263. Amendment of section 51

    9. 264. Amendment of section 57

    10. 265. Amendment of section 77

  21. PART 21

    OTHER HEALTH PROFESSIONS: HEALTH PROFESSIONS ORDER 2001

    1. 266. Amendment of the Health Professions Order 2001

    2. 267. Amendment of article 6

    3. 268. Amendment of article 7

    4. 269. Amendment of article 8

    5. 270. Amendment of article 9

    6. 271. Amendment of article 10

    7. 272. Amendment of article 12

    8. 273. Insertion of article 13A

    9. 274. Amendment of article 19

    10. 275. Amendment of article 37

    11. 276. Amendment of article 38

    12. 277. Amendment of Schedule 3

  22. PART 22

    OTHER HEALTH PROFESSIONS: OTHER LEGISLATION

    1. 278. Amendment of the Health Professions (Parts of and Entries in the Register) Order of Council 2003

    2. 279. Amendment of the Health Professions Council (Registration and Fees) Rules 2003

Go to Explanatory Note

The Secretary of State for Health, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972(1) in 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 specialties(2), in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the profession of social worker(3), and in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations(4), makes the following Regulations in exercise of his powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 2(5) to, the European Communities Act 1972(6).

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/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications(7), 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.

(1)

1972 c.68. The enabling powers of section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51). Back [1]

(3)

S.I. 2003/2901. Back [3]

(4)

S.I. 2002/248. Back [4]

(5)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51). Back [5]

(6)

The subject matter of section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners) is not a reserved matter under the Scotland Act 1998 (c.46). In addition, the regulation of the professions of social worker, operating department practitioner, pharmacy technician, dental nurse, clinical dental technician, dental technician and orthodontic therapist is not a reserved matter under that Act. Therefore, as regards Scotland, see section 57(1) of the Scotland Act 1998 which provides that, despite the transfer to the Scottish Ministers by virtue of section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter (including therefore in relation to the subject matter of section 21 of the National Health Service (Scotland) Act 1978 and in relation to the regulation of the professions specified above) shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. Back [6]

(7)

OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141. Back [7]

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