The European Qualifications (Health and Social Care Professions) Regulations 2007

Amendment of section 55 U.K.

29.  In section 55 M1 (interpretation)—

(a) in subsection (1)—

(i) after the definition of “appointing body” insert—

““competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—

(a)

receive or issue evidence of qualifications or other information or documents, or

(b)

receive applications and take the decisions referred to in the Directive,

in connection with the practice of medicine;

“the Directive” has the meaning given by section 5(4) above;”,

(ii) omit the definition of “Directive 93/16/EEC”;

(iii) omit the definitions of “the EEA Agreement” and “EEA State”,

(iv) in the definition of “fully registered person”, for the words before paragraph (a) substitute—

““fully registered person” means a person for the time being registered under section 3, 14A, 19, 19A, 21B, 27A or 27B above as a fully registered medical practitioner, or under Schedule 2A as a visiting medical practitioner from a relevant European State, and—”,

(v) after the definition of “the General Council” insert—

““the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);”,

(vi) in the definition of “national”, for “EEA State” substitute “ relevant European State ”, and

(vii) after the definition of “the Registrar” insert—

““relevant European State” means an EEA State or Switzerland;”;

(b) in subsection (2), for “that Directive” (in both places) substitute “ the Directive ”; and

(c) after subsection (2) insert—

“(3) In relation to anything done—

(a) before the adoption by the Council and the European Parliament of the Directive, but

(b) after the adoption by the Council of Directive 93/16/EEC,

references in this Act to the Directive, or to any provision of the Directive, shall be construed as references to, or to any corresponding provision of, Directive 93/16/EEC as for the time being amended.

(4) In this section, “Directive 93/16/EEC” means Council Directive 93/16/EEC M2 of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ No. L165, 7.7.93, p.1).”.

Marginal Citations

M1 Section 55 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.

M2 Directive 93/16/EEC was last amended by 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 signed at Athens on 16th April 2003, and was repealed with effect from 20th October 2007 by Directive 2005/36/EC.