The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

European Primary and Specialist Dental Qualifications Regulations 1998 U.K.

32.—(1) The 1998 Regulations are amended as follows.

(2) In regulation 2 (interpretation) M1 , in paragraph (1)—

(a) for the definition of “the Directive” 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), and any reference in these Regulations to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F1 IP completion day];”;

(b) omit the definitions of “Directive 2002/58/EC”, “exempt person”, “the GDPR”, “General Systems Regulations”, “IMI” and “national”.

(3) In regulation 3 (power of direction in relation to EU obligations) M2 , in paragraph (1), after “arise from” insert “ retained ”.

(4) Omit regulation 4 (designation of competent authority) M3 .

(5) In regulation 7 (minimum requirements for specialist training) M4 —

(a) in paragraph (1), for “is to” substitute “ would ”;

(b) in paragraph (2), for “can” substitute “ would ”.

(6) In regulation 8 (distinctive titles and specialist lists) M5 —

(a) in paragraph (2)—

(i) at the end of sub-paragraph (b), insert “ or ”;

(ii) omit sub-paragraphs (c) and (e) (and the “or” before sub-paragraph (e));

(b) omit paragraphs (2A) and (2B).

(7) In regulation 9 (eligible specialists) M6 —

(a) in paragraph (1)—

(i) omit sub-paragraph (a) (including “and”);

(ii) in sub-paragraph (b), for “recognised” substitute “ relevant European ”;

(b) in paragraph (2), for “Subject to paragraph (2A), a” substitute “ A ”;

(c) omit paragraphs (2A) and (3);

(d) in paragraph (4)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraph (b), omit “in any other case,”.

(8) Omit regulation 9A (applications by nationals of relevant European States etc.) M7 .

(9) In regulation 10 (recognised European qualifications) M8 —

(a) in the heading, for “Recognised” substitute “ Relevant European ”;

(b) before paragraph (1), insert—

“(A1) In regulation 9(1), “relevant European specialist dental qualification” means an appropriate European specialist dental qualification, within the meaning of paragraph (1), that has not been designated by the GDC for the purposes of this paragraph.

(B1) The GDC—

(a) may designate a qualification for the purposes of paragraph (A1) only with the approval of the Privy Council;

(b) must maintain and publish a list of the qualifications that are so designated.”;

(c) in paragraph (1)—

(i) in the words before sub-paragraph (a)—

(aa) for “recognised” substitute “ appropriate European ”;

(bb) for “regulation 9(1)” substitute “ paragraph (A1) ”;

(ii) in sub-paragraph (a)(ii), omit “other than the United Kingdom”;

(iii) omit sub-paragraphs (aa) to (e);

(d) omit paragraph (2).

(10) Omit regulation 13 (access to other specialities by nationals of relevant European States etc.) M9 .

(11) In regulation 14 (appeals to panel) M10 , in paragraph (1), omit sub-paragraphs (ba) to (bc).

(12) Omit Schedule A1 (competent authority functions) M11 .

Textual Amendments

F1 Words in Sch. 3 para. 32(2)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 11(4)

Commencement Information

I1 Sch. 3 para. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 Paragraph (1) was amended by S.I. 2004/1947, 2007/3101, 2011/1043, 2016/1030, Schedule 19 to the Data Protection Act 2018. There are other amending instruments but none is relevant.

M2 Regulation 3 was amended by S.I. 2007/3101, 2011/1043.

M3 Regulation 4 was substituted by S.I. 2007/3101.

M4 Paragraph (1) and (2) were substituted by S.I. 2007/3101.

M5 Paragraph (2) to (2B) were substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

M6 Relevant amending instruments are S.I. 2003/3148, 2007/3101.

M7 Regulation 9A was inserted by S.I. 2007/3101.

M8 Relevant amending instruments are S.I. 2004/1947, 2007/3101, 2013/3036.

M9 Regulation 13 was substituted by S.I. 2003/3148. Relevant amending instrument is S.I. 2007/3101.

M10 Relevant amending instrument is S.I. 2007/3101.

M11 Schedule A1 was inserted by S.I. 2007/3101. Relevant amendments made by Schedule 19 to the Data Protection Act 2018. Relevant amending instrument is S.I. 2016/1030.