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4.—(1) Subject to article 9 (transitional provisions for Spanish midwifery qualifications) and paragraph (2), a professional qualification in respect of which a diploma specified in Part I (nursing diplomas) or Part II (midwifery diplomas) of Schedule 2 is granted in an EEA State—
(a)in the case of a qualification in nursing in general care, before the implementation date of the Nursing Directives or on or after that date in respect of a course of training begun before that date; or
(b)in the case of a midwifery qualification, before the relevant date,
shall have Community equivalence for the purposes of registration.
(2) The diploma referred to in paragraph (1) shall—
(a)be one granted in respect of training which complies with the requirements laid down—
(i)in the case of a nursing qualification, in Article 1 of the Second Nursing Directive (minimum standards of training for nurses) or,
(ii)in the case of a midwifery qualification, in Article 1 of the Second Midwifery Directive (minimum standards of training for midwives),
subject also in the case of a midwifery qualification to paragraphs (3) and (4); or
(b)be accompanied by a competent authority certificate relating to the holder.
(3) A midwifery qualification referred to in paragraph (1)—
(a)in respect of which a diploma which falls within paragraphs (1) and (2) has been obtained; but
(b)where the diploma—
(i)is required to be recognised by other EEA States in pursuance of Article 2 of the First Midwifery Directive only if the holder has undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive is issued, or
(ii)would be required to be so recognised if it had been obtained on or after the date of entry into force of the First Midwifery Directive,
shall have Community equivalence for the purposes of registration if the requirement set out in paragraph (4) is satisfied.
(4) The requirement referred to in paragraph (3) is that a diploma referred to in that paragraph must be accompanied by—
(a)an Article 4 certificate relating to the holder; or
(b)if the diploma was obtained before the date of entry into force of the First Midwifery Directive, a competent authority certificate relating to the holder.
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