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8.—(1) Subject to paragraph (2), a professional qualification in respect of which a diploma in nursing in general care or, as the case may be, a midwifery diploma has been awarded which is evidence of training which—
(a)was received in the territory of the former German Democratic Republic; and
(b)commenced before 3rd October 1990,
shall be an approved qualification for the purposes of registration.
(2) The diploma referred to in paragraph (1) shall—
(a)be one which is not specified in Part 1 or Part 2 of Schedule 2 and is awarded 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); and
(b)be accompanied by a certificate of the competent authority in Germany that the holder is entitled by virtue of the qualification of which the diploma is evidence to practise anywhere in Germany as a nurse responsible for general care or, as the case may be, a midwife on the same conditions as the holder of a qualification evidenced by a diploma listed under the heading “Germany” in Part 1 (nursing diplomas) or, as the case may be, Part 2 (midwifery diplomas) of Schedule 2.
(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 awarded; but
(b)where the diploma would, if it had been awarded in respect of training which commenced on or after 3rd October 1990, be required to be recognised by other EEA States in pursuance of Article 2 of the Midwifery Directive only if the holder had undertaken professional practice in respect of which a certificate complying with Article 4 of that Directive has been issued,
shall be an approved qualification 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 be accompanied by a certificate issued by the competent authority in Germany stating that the holder of the diploma has effectively and lawfully been engaged in actual practice in Germany as a midwife for at least two years during the period of five years ending with the date of issue of the certificate.
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