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SCHEDULES

SCHEDULE 2U.K. European Dental Qualifications

Part IU.K. Appropriate European Diplomas

[F11(1)In this Part of this Schedule—U.K.

“Community Council Directive No. 78/686/EEC” means Community Council Directive No. 78/686/ EEC M1 concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of practitioners in dentistry, as adapted, amended or extended by the Accession of Greece Act, Council Directive No. 81/1057/ EEC M2, the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/ EEC M3 and 90/658/ EECM4, the EEA Agreement [F2, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/ EC [F3, the Swiss Agreement and the Act of Accession 2003 ]];

“competent authority” means an authority or body designated by an EEA State in accordance with Community Council Directive No. 78/686/ EEC ;

“the Dental Training Directive” means Community Council Directive No. 78/687/ EEC M5 concerning the co-ordination of provisions in respect of activities of dental practitioners as amended by the Accession of Austria, Finland and Sweden Act [F4, Directive 2001/19/ EC and the Act of Accession 2003];

“the implementation date” means—

(a)in the case of Greece, 1st January 1981;

(b)in the case of Portugal, 1st January 1986;

(c)in the case of Finland, Iceland, Norway and Sweden, 1st January 1994;

(d) in the case of Liechtenstein, 1st May 1995; F5 ...

[F6(da) in the case of Switzerland, 1st June 2002; F7... ]

[F8(db)in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1st May 2004;]

(e) in the case of any other EEA State, the date notified by the State to the Commission as that on which it implemented the Dental Training Directive;

(2)For the purposes of this paragraph—

“the Accession of Greece Act” means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979M6;

“the Accession of Spain and Portugal Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985;

“the Accession of Austria, Finland and Sweden Act” means the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, signed at Corfu on 24th June 1994M7, as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new member States to the European Union.

[F9“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.]

[F10“the Act of Accession 2003” means 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 and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003.]]

Textual Amendments

F1Sch. 2 Pt. I para. 1 substituted (1.7.1996) by S.I. 1996/1496, reg. 3(2)

Marginal Citations

M1O.J. No. L233, 24.8.78, p.1.

M2O.J. No. L385, 31.12.81, p.25.

M3O.J. No. L341, 23.11.89, p.19.

M4O.J. No. L353, 17.12.90, p.73.

M5O.J. No. L233, 24.8.78, p.10.

M6O.J. No. L291, 19.11.79, p.91.

M7O.J. C241, 29.8.94, p.21. Norway did not ratify the Treaty.

[F112U.K. Subject to paragraphs 3, 3A and 4 below, any diploma in dentistry granted in an EEA State is an appropriate European diploma for the purposes of section 15(1)(b) of this Act. ]

Textual Amendments

F11 Sch. 2 Pt. I para. 2 substituted (1.7.1996) by S.I. 1996/1496 , reg. 3(3)

3U.K.A scheduled European diploma granted in [F12an EEA State] before the implementation date or on or after that date where training of which the diploma is evidence was commenced by the holder before that date is not an appropriate European diploma for the said purposes unless the holder either—

(a)satisfies the registrar (by means of a certificate of the competent authority of that State or otherwise) that the diploma guarantees that his training satisfies the requirements laid down by the Dental Training Directive; or

(b)produces to the registrar a certificate of the competent authority of [F12any EEA State] that he has lawfully practised dentistry for at least three consecutive years during the five years preceding the date of the certificate.

Textual Amendments

F12 Words in Sch. 2 Pt. I para. 3 substituted (1.7.1996) by S.I. 1996/1496 , reg. 3(4)

[F133AU.K. A diploma granted in an EEA State on or after the implementation date which is not evidence of training commenced by the holder before that date (not being a scheduled European diploma) is not an appropriate European diploma for the said purposes unless the holder produces to the registrar a certificate issued by the competent authority of the EEA State certifying that the diploma—

(a)was awarded following training which satisfies the requirements laid down by the Dental Training Directive; and

(b) is treated by that EEA State as if it were a scheduled European diploma. ]

Textual Amendments

F13 Sch. 2 Pt. I para. 3A inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(5)

4U.K.A diploma granted in [F14an EEA State] before the implementation date or on or after that date where training of which that diploma is evidence was commenced by the holder before that date (and not being, in either case, a scheduled European diploma) is not an appropriate European diploma for the said purposes unless the holder produces to the registrar such a certificate as is mentioned in paragraph 3(b) [F15or 3A]above.

Textual Amendments

F14 Words in Sch. 2 Pt. I para. 4 substituted (1.7.1996) by S.I. 1996/1496 , reg. 3(6)(a)

F15 Words in Sch. 2 Pt. I para. 4 inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(6)(b)

[F165(1)Subject to paragraph 6 below, on or after the date notified to the Commission by Italy, Spain or Austria as that on which that State implemented Community Council Directive No. 78/686/ EEC , a diploma in medicine awarded in the State to a person who began medical training at a university before the relevant date is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where that person produces to the registrar a certificate issued by the competent authority of the State certifying that—U.K.

(a)he has effectively, lawfully and principally practised dentistry in the State for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(b)he is authorised to practise dentistry under the same conditions as holders of the State’s scheduled European diploma.

(2) In this paragraph “ the relevant date ” means—

(a)28th January 1980 in relation to Italy;

(b)1st January 1986 in relation to Spain; and

(c)1st January 1994 in relation to Austria.]

Textual Amendments

F16 Sch. 2 Pt. I para. 5 substituted (1.7.1996) by S.I. 1996/1496 , reg. 3(7)

[F176U.K.A person shall be excepted from satisfying the requirement referred to in paragraph 5(1)(a) above if he satisfies the registrar that he has successfully completed three years of study which are certified by the competent authority of the State concerned as being equivalent to the training referred to in Article 1 of the Dental Training Directive.]

Textual Amendments

F17 Sch. 2 Pt. I para. 6 substituted (1.7.1996) by S.I. 1996/1496 , reg. 3(7)

[F186A.(1)A diploma in medicine awarded in Italy to a person who began medical training at a university on or after 28th January 1980 but not later than 31st December 1984 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where, subject to sub-paragraph (2) below, that person produces to the registrar a certificate issued by the competent authority in Italy certifying that—U.K.

(a)he has passed the specialist aptitude test set by that competent authority which demonstrates that he possesses a level of knowledge and skills comparable to those of a person holding the qualification listed for Italy in Part II of this Schedule;

(b)he has effectively, lawfully and principally practised dentistry in Italy for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(c)he is authorised to practise dentistry under the same conditions as a holder of the qualification listed for Italy in Part II of this Schedule.

(2)A person shall be excepted from satisfying the requirement referred to in sub-paragraph (1)(a) above if he satisfies the registrar that he has successfully completed three years of study which are certified by the competent authority of Italy as being equivalent to the training referred to in Article 1 of the Dental Training Directive.]

Textual Amendments

F19 [ 7 U.K.A diploma in dentistry which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if—

(a)the holder produces to the registrar a certificate of the competent authority of Germany certifying that he has effectively and lawfully practised dentistry in Germany for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(b)he is authorised to practise dentistry throughout the territory of Germany under the same conditions as holders of the German scheduled European diploma.]

Textual Amendments

F19 Sch. 2 Pt. I para. 7 inserted (1.7.1996) by S.I. 1996/1496 , reg. 3(7)

[F208.(1)A diploma in dentistry which—U.K.

(a)is evidence of training that commenced before the date specified in column (a) of the table below in the territory specified in the corresponding entry in column (b) of that table; or

(b)was awarded by the state (or former state) specified in column (b) of that table before the date specified in the corresponding entry in column (a) of that table,

is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar the certificates specified in sub-paragraph (2).

(2)The certificates specified for the purposes of sub-paragraph (1) are—

(a) a certificate of the competent authority of the EEA State specified in the corresponding entry in column (c) of the table stating that he has effectively and lawfully practised dentistry in that EEA State for at least three consecutive years during the five years preceding the date of issue of the certificate; and

(b) a certificate from the competent authority of that EEA State stating that that diploma has, on its territory, the same legal validity as regards access to and practice of the dental profession as the scheduled European diploma specified in relation to that State.

Column (a)Column (b)Column (c)
20th August 1991Former Soviet UnionEstonia
21st August 1991Former Soviet UnionLatvia
11th March 1990Former Soviet UnionLithuania
25th June 1991YugoslaviaSlovenia

Textual Amendments

9.U.K.A diploma in medicine awarded in the Czech Republic or in the former Czechoslovakia which is evidence of university medical training commenced before 1st May 2004 is an appropriate European Diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of the competent authority of the Czech Republic certifying that he—

(a)has—

(i)effectively, lawfully and principally been engaged, in the Czech Republic, in the activities specified in Article 5 of the Dental Training Directive for at least three consecutive years during the five years preceding the date of issue of that certificate, or

(ii)successfully completed three years of study which are equivalent to the training referred to in Article 1 of the Dental Training Directive; and

(b)is authorised to practise the activities referred to in sub-paragraph (a)(i) under the same conditions as holders of the scheduled European diploma specified in relation to the Czech Republic.

Textual Amendments

10.U.K.A diploma in medicine awarded in Slovakia or in the former Czechoslovakia which is evidence of university medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of the competent authority of Slovakia certifying that he—

(a)has—

(i)effectively, lawfully and principally been engaged, in Slovakia, in the activities specified in Article 5 of the Dental Training Directive for at least three consecutive years during the five years preceding the date of issue of that certificate, or

(ii)successfully completed three years of study which are equivalent to the training referred to in Article 1 of the Dental Training Directive; and

(b)is authorised to practise the activities referred to in sub-paragraph (a)(i) under the same conditions as holders of the scheduled European diploma specified in relation to Slovakia.]

Textual Amendments