Amendment of Schedule 2U.K.
130.—(1) Schedule 2 (European dental qualifications) is amended as follows.
(2) For paragraph 1 M1 substitute—
“1. In this Schedule—
“medical qualification” means a diploma, certificate or other evidence of qualifications as a doctor issued by a competent authority in a relevant European State; and
“the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.3.2 of the Directive.”.
(3) In paragraph 2 M2—
(a)for “an EEA State” substitute “ a relevant European State ”; and
(b)after “of this Act” insert “ , provided that, where the diploma is listed in Annex V, point 5.3.2 of the Directive, it is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”. ”.
(4) For paragraph 3 M3 substitute—
“3. A diploma listed in Annex V, point 5.3.2 of the Directive granted in a relevant European State before the reference 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 purposes of section 15(1)(b) unless the holder either—
(a)does the following—
(i)satisfies the registrar (by means of a certificate of a competent authority of that State or otherwise) that the diploma guarantees that the holder's training satisfies the requirements of article 34 of the Directive (requirements for basic dental training), and
(ii)produces to the registrar, where appropriate, the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”; or
(b)produces to the registrar a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate.”.
(5) For paragraph 3A M4 substitute—
“3A. A diploma granted in a relevant European State on or after the reference date which is not evidence of training commenced by the holder before that date, and which is not listed in Annex V, point 5.3.2 of the Directive, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder produces to the registrar a certificate issued by a competent authority of the relevant European State certifying that the diploma—
(a)is evidence of training which satisfies the requirements of article 34 of the Directive; and
(b)is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive.”.
(6) In paragraph 4 M5—
(a)for “an EEA State before the implementation date” substitute “ a relevant European State before the reference date ”;
(b)for “a scheduled European diploma” substitute “ listed in Annex V, point 5.3.2 of the Directive ”; and
(c)for “the said purposes” substitute “ the purposes of section 15(1)(b) ”.
(7) For paragraphs 5 and 6 M6 substitute—
“5. A medical qualification awarded in Austria, Italy, Romania or Spain to a person who began his medical training on or before the reference date for the State concerned 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 a competent authority of the State concerned certifying that the person—
(a)has—
(i)effectively, lawfully and principally practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate, or
(ii)successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and
(b)is authorised to practise dentistry under the same conditions as holders of a qualification listed in relation to the State concerned in Annex V, point 5.3.2 of the Directive.”.
(8) In paragraph 6A M7—
(a)in sub-paragraph (1)—
(i)for “diploma in medicine” substitute “ medical qualification ”,
(ii)for “on or after 28th January 1980 but not later than 31st December 1984” substitute “ after 28th January 1980 ”,
(iii)in paragraph (a), for “specialist” substitute “ relevant ”, and
(iv)in paragraphs (a) and (c), for “listed for Italy in Part II of this Schedule” substitute “ listed in relation to Italy in Annex V, point 5.3.2 of the Directive ”; and
(b)for sub-paragraph (2) substitute—
“(2) A person shall be excepted from satisfying the requirement referred to in sub-paragraph (1)(a) if he satisfies the registrar that he has successfully completed three years of study—
(a)which, in the case of a person who began medical training at a university after 31st December 1984, were begun before 31st December 1994; and
(b)which are certified by a competent authority in Italy as being equivalent to the training referred to in article 34 of the Directive.”.
(9) In paragraph 7(b) M8, for “the German scheduled European diploma” substitute “ the qualification listed in relation to Germany in Annex V, point 5.3.2 of the Directive ”.
(10) In paragraph 8 M9—
(a)in sub-paragraph (1)(b), for “the state (or former state)” substitute “ the former state ”; and
(b)in sub-paragraph (2)—
(i)for paragraphs (a) and (b) substitute—
“(a)a certificate of a competent authority of the relevant European State specified in the corresponding entry in column (c) of the table stating that the holder has effectively and lawfully practised dentistry in that 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 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 qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive.”, and
(ii)in column (b) of the Table, for “Yugoslavia” substitute “ Former Yugoslavia ”.
(11) For paragraphs 9 and 10 M10 substitute—
“9. A medical qualification awarded in the Czech Republic or in the former Czechoslovakia which is evidence of 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 a competent authority of the Czech Republic certifying that the holder—
(a)has—
(i)effectively, lawfully and principally practised dentistry in the Czech Republic for at least three consecutive years during the five years preceding the date of issue of the certificate, or
(ii)successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and
(b)is authorised to practise dentistry under the same conditions as holders of the qualification listed in relation to the Czech Republic in Annex V, point 5.3.2 of the Directive.
10. A medical qualification awarded in Slovakia or in the former Czechoslovakia which is evidence of 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 a competent authority of Slovakia certifying that the holder—
(a)has—
(i)effectively, lawfully and principally practised dentistry in Slovakia for at least three consecutive years during the five years preceding the date of issue of the certificate, or
(ii)successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and
(b)is authorised to practise dentistry under the same conditions as holders of the qualification listed in relation to Slovakia in Annex V, point 5.3.2 of the Directive.”.
(12) Omit Part II (scheduled European diplomas) M11.
Marginal Citations
M1Paragraph 1 was substituted by S.I. 1996/1496 and amended by S.I. 2003/3148 and 2004/1947.
M2Paragraph 2 was substituted by S.I. 1996/1496.
M3Paragraph 3 was amended by S.I. 1996/1496.
M4Paragraph 3A was inserted by S.I. 1996/1496.
M5Paragraph 4 was amended by S.I. 1996/1496.
M6Paragraphs 5 and 6 were inserted by S.I. 1986/23 and substituted by SI 1996/1496.
M7Paragraph 6A was inserted by S.I. 2003/3148.
M8Paragraph 7 was substituted by S.I. 1996/1496.
M9Paragraph 8 was inserted by S.I. 2004/1947.
M10Paragraphs 9 and 10 were inserted by S.I. 2004/1947.
M11Part II was substituted by S.I. 2003/3148 and amended by S.I. 2004/1947.