2019 No. 593
The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019
Made
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.
Citation, commencement and extent1
1
These Regulations may be cited as the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.
2
These Regulations come into force on exit day.
3
Any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.
Medical practitioners2
In Schedule 1—
a
Part 1 contains amendments about medical practitioners;
b
Part 2 contains savings and transitional provision relating to those amendments.
Pharmacists and pharmacy technicians3
In Schedule 2—
a
Part 1 contains amendments about pharmacists and pharmacy technicians;
b
Part 2 contains savings and transitional provision relating to those amendments.
Dentists and dental care professionals4
In Schedule 3—
a
Part 1 contains amendments about dentists and dental care professionals;
b
Part 2 contains savings and transitional provision relating to those amendments.
Nurses, midwives and nursing associates5
In Schedule 4—
a
Part 1 contains amendments about nurses, midwives and nursing associates;
b
Part 2 contains savings and transitional provision relating to those amendments.
Opticians6
In Schedule 5—
a
Part 1 contains amendments about opticians;
b
Part 2 contains savings and transitional provision relating to those amendments.
Osteopaths7
In Schedule 6—
a
Part 1 contains amendments about osteopaths;
b
Part 2 contains savings and transitional provision relating to those amendments.
Chiropractors8
In Schedule 7—
a
Part 1 contains amendments about chiropractors;
b
Part 2 contains savings and transitional provision relating to those amendments.
Health and social work professionals9
In Schedule 8—
a
Part 1 contains amendments about health and social work professionals;
b
Part 2 contains savings and transitional provision relating to those amendments.
Social workers in Scotland10
In Schedule 9—
a
Part 1 contains amendments about social workers in Scotland;
b
Part 2 contains savings and transitional provision relating to those amendments.
Social care workers in Northern Ireland11
In Schedule 10—
a
Part 1 contains amendments about social care workers in Northern Ireland;
b
Part 2 contains savings and transitional provision relating to those amendments.
Social workers in England12
In Schedule 11—
a
Part 1 contains amendments about social workers in England;
b
Part 2 contains savings and transitional provision relating to those amendments.
References to the General Systems Regulations13
1
2
In these Regulations, any reference to the 2015 Regulations (or to any provision of those Regulations) includes a reference to the 2007 Regulations (or to any corresponding provision of those Regulations), so far as the 2007 Regulations continue (or, before exit day, continued) to apply by virtue of regulation 78 of the 2015 Regulations or regulation 155 of the European Qualifications (Health and Social Care Professions) Regulations 20164.
Review of continued recognition of certain European qualifications14
1
The Secretary of State must, after the end of the period of two years beginning with the day on which these Regulations come into force—
a
carry out a review of the operation of the provisions in paragraph (2) (which concern the recognition to be given to certain European qualifications after exit day), as inserted or amended by these Regulations,
b
set out the conclusions of the review in the report, and
c
publish the report.
2
The provisions are—
a
sections 21B(1A), (2)(a), (3), (4) (full registration of persons with an overseas qualification) and 21C(2A) (provisional registration of persons with an overseas qualification) of the Medical Act 19835,
b
articles 4(1), (1A) (general practitioners eligible for entry in the general practitioner register), 8(1) (specialists eligible for entry in the specialist register) and 10 (recognised specialist qualifications granted outside the United Kingdom) of the Postgraduate Medical Education and Training Order of Council 20106,
c
article 21(1A) to (1C) (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists) of the Pharmacy Order 20107,
d
section 15(2)(a), (2ZA), (2ZB) and (4ZA) (qualification for registration in the dentists register) of the Dentists Act 19848,
e
regulations 9(1) (eligible specialists) and 10 (recognised specialist dental qualifications) of the European Primary and Specialist Dental Qualifications Regulations 19989, and
f
article 13(3) to (5) (approved qualifications) of the Nursing and Midwifery Order 200110.
3
The report must be published within the period of six months beginning with the day after the end of the period referred to in sub-paragraph (1).
Signed by authority of the Secretary of State for Health and Social Care.
SCHEDULES
SCHEDULE 1Medical Practitioners
PART 1Amendments to legislation
Medical Act 1983
1
The Medical Act 1983 is amended as follows.
2
In section 2 (registration of medical practitioners)11, in subsection (2)—
a
at the end of paragraph (aa), insert “and”;
b
omit paragraph (d) and the “and” before it.
3
In section 3 (registration by virtue of primary United Kingdom or primary European qualifications)12, in subsection (1)(b), after “qualifications” insert “and has made an application, before exit day, for registration under this paragraph or is provisionally registered under section 15A”.
4
1
Section 5 (general functions of the General Medical Council in relation to medical education in the United Kingdom)13 is amended as follows.
2
Omit subsection (2A).
3
In subsection (4), omit the definition of “the Directive”.
5
1
Section 10B (professional traineeships carried out in other relevant European States, etc)14 is amended as follows.
2
In the heading, omit “other”.
3
Before subsection (1), insert—
A1
This section applies for the purposes of determining whether a person who—
a
is a national of a relevant European state,
b
holds a primary United Kingdom qualification, and
c
has applied, before exit day, for registration under section 3(1)(a),
has satisfactorily completed an acceptable programme for doctors who are provisionally registered.
4
In subsection (1)—
a
for “an acceptable programme of provisionally registered doctors” substitute “such a programme”;
b
omit the words from “other” to “qualification,”.
5
Omit subsection (2).
6
In subsection (3), for “(1)” substitute “(A1)”.
6
1
Section 14 (alternative requirements as to experience in certain cases)15 is amended as follows.
2
Omit subsection (3).
3
In subsection (4)(a), after “subsection (1)” insert “in connection with an application for registration under section 3(1)(a) made before exit day”.
7
In section 14A (full registration of EEA nationals etc without certain acquired rights certificates)16, in subsection (1), before paragraph (a) insert—
za
who has made an application for registration under this section before exit day,
8
In section 15A (provisional registration for EEA nationals etc)17, in subsection (2), for “his fitness to practise is not impaired” substitute—
—
a
the person has made an application, before exit day, for registration under this section, and
b
the person’s fitness to practise is not impaired.
9
In section 16 (registration of qualifications), in subsection (2), omit “a primary United Kingdom qualification or”.
10
1
Section 17 (primary qualifications obtained in other relevant European states) is amended as follows.
2
In the heading, omit “other”.
3
In subsection (1), omit “other than the United Kingdom”.
11
Omit section 18 (visiting medical practitioners from relevant European states).
12
1
Section 19 (full registration of EEA nationals etc by virtue of overseas primary qualifications etc)18 is amended as follows.
2
Before subsection (1), insert—
A1
Subsection (1) applies only in relation to an exempt person—
a
who has made an application, before exit day, for registration under this section, or
b
who is provisionally registered under section 21.
3
For subsection (2), substitute—
2
In this Act “exempt person” means—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State.
4
In subsection (3)(a), omit “, other than the United Kingdom,”.
13
1
Section 19A (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom)19 is amended as follows.
2
In the heading, omit “other than the United Kingdom”.
3
In subsection (1), before paragraph (a), insert—
za
who has made an application for registration under this section before exit day,
14
In section 21 (provisional registration of EEA nationals etc with certain overseas qualifications)20, for subsection (2), substitute—
2
Where a person—
a
has made an application to the General Council, before exit day, to be provisionally registered under this section, and
b
satisfies the Registrar of the matters specified in paragraphs (a), (aa) and (c) of section 19(1),
the person shall, if the Council think fit so to direct, be provisionally registered under this section.
15
1
Section 21B (full registration of persons with an overseas qualification)21 is amended as follows.
2
In subsection (1)—
a
at the beginning, insert “Subject to subsection (1A),”;
b
at the end of paragraph (c), insert “and”;
c
in paragraph (d), omit “unless he is an exempt person,”;
d
omit the “and” at the end of paragraph (d);
e
omit paragraph (e).
3
After subsection (1), insert—
1A
Subsection (1)(b) does not apply to a person who makes an application under this section on or after exit day in reliance on the holding of a relevant European qualification within subsection (3)(a) or (b).
1B
Subsection (1C) applies instead of subsection (1) in the case of an exempt person who—
a
has made an application for registration as a fully registered medical practitioner under this section before exit day, or
b
is provisionally registered under section 21C and made the application for that provisional registration before exit day.
1C
Where the exempt person satisfies the Registrar that—
a
the person holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification,
b
where—
i
the acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and
ii
that qualification, or the person’s having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,
that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training),
c
the person possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom, and
d
the person’s fitness to practise is not impaired,
the person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.
4
For subsection (2), substitute—
2
In this Act, an “acceptable overseas qualification” means—
a
in relation to a person who makes an application for registration on or after exit day, a relevant European qualification, or
b
(whether or not in relation to such a person) any other qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.
5
After subsection (2), insert—
3
In this section, “relevant European qualification” means—
a
a primary European qualification under section 17(1)(a) that has not been designated by the General Council for the purposes of this paragraph,
b
a qualification that is not a primary European qualification under section 17(1)(a) but—
i
was granted in a relevant European State, and
ii
demonstrates, in the opinion of the General Council, a comparable level of knowledge, skill and experience to that demonstrated by the means of qualification laid down by section 3(1)(a) (including the programme for provisionally registered doctors), or
c
a qualification that is not a primary European qualification under section 17(1)(a) and does not fall within paragraph (b) but—
i
was granted in a relevant European State, and
ii
demonstrates, in the opinion of the General Council, a comparable level of knowledge and skill to that demonstrated by a primary United Kingdom qualification.
4
The General Council—
a
may designate a qualification for the purposes of subsection (3)(a) only with the approval of the Privy Council;
b
must maintain and publish a list of the qualifications that are so designated.
16
1
Section 21C (provisional registration of persons with an overseas qualification)22 is amended as follows.
2
In subsection (1), after “section 21B(1)(b)” insert “or (1C)(c)”.
3
In subsection (2)(a), for “(d) and (e)” substitute “and (d)”.
4
After subsection (2), insert—
2A
Subsection (2)(b) does not apply to a person who makes an application under this section on or after exit day and who—
a
has passed all of the qualifying examinations necessary for obtaining (but does not hold) a relevant European qualification within section 21B(3)(a) or (b), or
b
holds, or has passed all of the qualifying examinations necessary for obtaining, a relevant European qualification within section 21B(3)(c).
2B
Where an exempt person has made an application to the General Council, before exit day, to be provisionally registered under this section and satisfies the Registrar—
a
of the matters specified in paragraphs (a), (b) and (d) of section 21B(1C) above so far as they are matters of which the Registrar would in the person’s case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection, and
b
that the person possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,
the person shall, if the Council think fit so to direct, be provisionally registered under this section.
17
In section 30 (the registers)23, in subsection (1)—
a
at the end of paragraph (aa) insert “and”;
b
omit paragraph (d) and the “and” before it.
18
In section 32 (registration fees)24, in subsection (5), omit “or in the list of visiting medical practitioners from relevant European States”.
19
In section 34D (the Specialist Register)25, omit subsection (5).
20
1
Section 34G (acquired rights of general practitioners)26 is amended as follows.
2
In subsection (1), for “Article 30(1) of the Directive” substitute “this section”.
3
In subsection (2), for the words from “by virtue of” to the end, substitute “as a general practitioner in the United Kingdom, the Registrar shall issue a certificate for the purposes of enabling that certificate to be recognised in relevant European States.”.
21
Omit section 34J (minimum requirements for general practice training)27.
22
Omit section 34K (minimum requirements for specialist training)28.
23
In section 34L (award and withdrawal of Certificate of Completion of Training)29, omit subsection (3).
24
1
Section 40 (appeals)30 is amended as follows.
2
Omit subsection (1B).
3
In subsection (4A), omit “or (1B)”.
4
In subsection (8)(b), omit the words from “or, in the case” to “amended”.
25
In section 44 (effect of disqualification in another relevant European State on registration in the United Kingdom), in the heading, omit “another”.
26
1
Section 44B (provision of information in respect of fitness to practise matters)31 is amended as follows.
2
In subsection (1), omit “, other than Schedule 2A,”.
3
In subsection (2)—
a
in paragraph (a), omit “, other than Schedule 2A,”;
b
in paragraph (b), omit “otherwise than by virtue of Schedule 2A,”.
4
Omit subsection (3).
27
In section 44C (indemnity arrangements)32, omit subsection (11).
28
In section 46 (fees)33, in subsection (2A), omit paragraph (b).
29
Omit section 49B (the Directive: designation of competent authority etc)34.
30
1
Section 55 (interpretation)35 is amended as follows.
2
In subsection (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 this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision of the Directive, as it had effect immediately before exit day (but see subsections (2) and (3) below);
b
at the appropriate place insert—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
c
in the definition of “fully registered person”, omit “, or under Schedule 2A as a visiting medical practitioner from a relevant European State,”;
d
in the definition of “the General Systems Regulations”, at the end insert—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
e
omit the definition of “IMI”;
f
in the definition of “national”, for “is not” substitute “was not, immediately before exit day”.
3
After subsection (1) insert—
1ZA
For the purposes of this Act an application for registration is made when it is received by the Registrar.
31
In Schedule 1 (the General Medical Council etc)36, in paragraph 10, omit “(otherwise than under Schedule 2A)”.
32
Omit Schedule 2A (visiting medical practitioners from relevant European States)37.
33
In Schedule 3 (registration: supplementary provisions)38, omit paragraph 7.
34
1
Schedule 3A (registration and training)39 is amended as follows.
2
In paragraph 1 (interpretation), in paragraph (b) of the definition of “person making the decision”, omit “or under Schedule 2A to this Act,”.
3
In paragraph 2 (appealable registration decisions), in sub-paragraph (1), omit paragraph (q).
35
Omit Schedule 4A (Directive 2005/36: Functions of the General Council under section 49B(3))40.
National Health Service Pension Scheme Regulations 200836
1
The National Health Service Pension Scheme Regulations 200841 are amended as follows.
2
In regulation 2.A.1 (interpretation: general) in the definition of “CCT”, omit the words from “including” to the end.
3
In regulation 3.A.1 (interpretation of Part 3: general) in the definition of “CCT”, omit the words from “including” to the end.
Postgraduate Medical Education and Training Order of Council 2010
37
The Postgraduate Medical Education and Training Order of Council 201042 is amended as follows.
38
1
Article 3 (persons eligible to be registered in, and liable to removal from, the General Practitioner Register) is amended as follows.
2
In paragraph (1), omit paragraphs (b) and (c).
3
Omit paragraph (2).
39
1
Article 4 (general practitioners eligible for entry in General Practitioner Register) is amended as follows.
2
For paragraph (1), substitute—
1
A person is an eligible general practitioner for the purposes of article 3(1)(a) if the person holds a qualification in general practice listed in Annex V, point 5.1.4 of the Directive that was issued in a relevant European state, other than a qualification that has been designated by the General Council for the purposes of this paragraph.
1A
The General Council—
a
may designate a qualification for the purposes of paragraph (1) only with the approval of the Privy Council;
b
must maintain and publish a list of the qualifications that are so designated.
3
In paragraph (4), omit “Subject to paragraph 5,”.
4
Omit paragraphs (5) to (7).
40
Omit article 5 (general systems general practitioners eligible for entry in the General Practitioner Register).
41
In article 6 (persons with acquired rights), in paragraph (5), omit “other than the United Kingdom”.
42
1
Article 7 (persons eligible to be registered in, and liable to removal from, the Specialist Register) is amended as follows.
2
In paragraph (1), omit sub-paragraphs (b) and (c) (including the “or” before sub-paragraph (b)).
3
Omit paragraph (2).
43
1
Article 8 (specialists eligible for entry in the Specialist Register) is amended as follows.
2
For paragraph (1) substitute—
1
A person is an eligible specialist for the purposes of article 7(1)(a) if the person holds a relevant European specialist qualification (within the meaning of article 10).
3
In paragraphs (2) and (3), for “Subject to paragraph (4), a” substitute “A”.
4
Omit paragraphs (4) and (5).
44
Omit article 9 (general systems specialists eligible for entry in the Specialist Register).
45
1
Article 10 (recognised specialist qualifications granted outside the United Kingdom)43 amended as follows.
2
For the heading, substitute “Relevant European specialist qualifications”.
3
For paragraph (1), substitute—
1
In Article 8(1) “relevant European specialist qualification” means a specialist qualification listed in Annex V, point 5.1.2 of the Directive which—
a
was awarded—
i
in a relevant European State,
ii
on or after the reference date, not being evidence of training commenced by the holder before that date, and
iii
in a recognised specialty, and
b
has not been designated by the General Council for the purposes of this paragraph.
1A
The General Council—
a
may designate a qualification for the purposes of paragraph (1) only with the approval of the Privy Council;
b
must maintain and publish a list of the qualifications that are so designated.
46
In article 11 (recognised specialities within the United Kingdom), omit paragraph (2).
47
1
Article 12 (partial exemption)44 is amended as follows.
2
In paragraph (1), for “The registrar may exempt a person” substitute “Where a person has made an application before exit day for inclusion in the General Practitioner Register kept under section 34C of the Act, or the Specialist Register kept under section 34D of the Act, the Registrar may exempt the person”.
3
In paragraph (2)(a), after “has” insert “before exit day”.
48
For the Schedule (recognised specialities within the United Kingdom) substitute—
SCHEDULERecognised specialities within the United Kingdom
Anaesthetics
Acute internal medicine
Allergy
Audio vestibular medicine (formerly known as audiological medicine)
Aviation and space medicine
Cardiology (formerly known as cardio-vascular disease)
Cardio-thoracic surgery (also known as thoracic surgery)
Chemical pathology (also known as biological chemistry and as clinical biochemistry)
Child and adolescent psychiatry (also known as child psychiatry)
Community sexual health and reproduction
Clinical genetics
Clinical neurophysiology
Clinical oncology (also known as radiotherapy)
Clinical pharmacology and therapeutics (also known as pharmacology)
Clinical radiology (also known as diagnostic radiology and formerly known as radiology)
Dermatology
Diagnostic neuropathology
Emergency medicine (also known as accident and emergency medicine)
Endocrinology and diabetes mellitus (also known as endocrinology)
Forensic histopathology
Forensic psychiatry
Gastro-enterology
General psychiatry (also known as psychiatry, as general adult psychiatry, and as mental illness)
General (internal) medicine (formerly known as general medicine)
General surgery
Genito-urinary medicine (also known as venerology)
Geriatric medicine (formerly known as geriatrics)
Haematology (also known as general haematology)
Histopathology
Immunology (also known as immunopathology)
Intensive care medicine
Infectious diseases (also known as communicable diseases)
Medical microbiology (also known as microbiology and bacteriology)
Medical oncology
Medical ophthalmology
Medical psychotherapy (formerly known as psychotherapy)
Medical virology
Neurology
Neurosurgery (also known as neurological surgery)
Nuclear medicine
Obstetrics and gynaecology
Occupational medicine
Old age psychiatry
Ophthalmology
Oral and maxillo-facial surgery (also known as dental, oral and maxillo-facial surgery (basic medical and dental training))
Otolaryngology (also known as otorhinolaryngology, and as ENT surgery)
Paediatric surgery
Paediatric cardiology
Paediatric and perinatal pathology
Paediatrics
Palliative medicine
Pharmaceutical medicine
Plastic surgery
Psychiatry of learning disability
Public health medicine (also known as community medicine)
Rehabilitation medicine
Renal medicine (also known as renal disease, and formerly known as nephrology)
Respiratory medicine (also known as thoracic medicine)
Rheumatology
Trauma and orthopaedic surgery (also known as orthopaedics, and formerly as orthopaedic surgery)
Tropical medicine
Sport and exercise medicine
Urology
Vascular surgery.
General Medical Council (Applications for General Practice and Specialist Registration) Regulations 2010
49
The General Medical Council (Applications for General Practice and Specialist Registration) Regulations 201045 are amended as follows.
50
In regulation 2 (interpretation), in paragraph (2)—
a
in sub-paragraph (a), for “competent authority or authorities of the United Kingdom under Article 56 of the Directive” substitute “General Council”;
b
in sub-paragraph (b), omit “other than the United Kingdom”.
51
In regulation 5 (evidence), in paragraph (1), omit sub-paragraph (i).
52
1
Regulation 6 (collection of information, evidence and advice) is amended as follows.
2
In paragraph (1), for “Subject to paragraph (3), the” substitute “The”.
3
Omit paragraph (3).
53
Omit regulation 7 (statements of eligibility).
54
1
Regulation 8 (determination of applications) is amended as follows.
2
In paragraph (1), in sub-paragraph (a), omit the words from “including” to “Act”.
3
Omit paragraph (2).
4
In paragraph (3), omit the words from “, unless” to the end.
General Medical Council (Form and Content of the Registers) Regulations No 2 2010
55
The General Medical Council (Form and Content of the Registers) Regulations No 2 201046 are amended as follows.
56
In regulation 2 (interpretation), in the list of defined terms beginning “the Principal List”, for “, “the visiting doctors list” and “the list of visiting medical practitioners from relevant European States”” substitute “and “the visiting doctors list””.
57
In regulation 4 (form and keeping of registers), omit paragraph (d).
58
In regulation 5 (entries in the register), omit paragraph (f).
General Medical Council (Licence to Practise and Revalidation) Regulations 2012
59
The General Medical Council (Licence to Practise and Revalidation) Regulations 201247 are amended as follows.
60
In regulation 3 (grant or refusal of a licence)48, in paragraph (1)(a), omit “18 (visiting medical practitioners from relevant European States),”.
61
In regulation 4 (withdrawal of a licence), in paragraph (2)—
a
in paragraph (c), for “another”, substitute “a”;
b
omit sub-paragraph (f).
62
In regulation 6 (revalidation), in paragraph (2)(a), omit “18 (visiting medical practitioners from relevant European States),”.
The National Health Service Pension Scheme Regulations 201563
In the National Health Service Pension Scheme Regulations 201549, in Schedule 15 (definitions), in column 2 of the entry for “CCT”, omit the words from “including” to the end.
The National Health Service (General Medical Services Contracts) Regulations 201564
In the National Health Service (General Medical Services Contracts) Regulations 201550, in regulation 3 (interpretation), in the definition of “CCT”, omit the words from “including” to the end.
The National Health Service (Personal Medical Services Agreements) Regulations 201565
In the National Health Service (Personal Medical Services Agreements) Regulations 201551, in regulation 3 (interpretation), in the definition of “CCT”, omit the words from “including” to the end.
PART 2Savings and transitional provision
General Practitioner Register and Specialist Register66
1
Where an application for inclusion in the General Practitioner Register kept under section 34C of the Medical Act 1983 or the Specialist Register kept under section 34D of that Act is received before exit day, provisions of that Act, the Postgraduate Medical Education and Training Order of Council 2010 and the General Medical Council (Applications for General Practice and Specialist Registration) Regulations 2010 continue to apply in relation to the application (including any appeal arising from it) without the amendments made to those enactments by Part 1 of this Schedule.
2
Where a provision continues to apply by virtue of paragraph (1), it is to be read as if, in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
IMI alerts67
1
Where an alert has been sent by the General Medical Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 as they then had effect, the decision to send the alert continues to be appealable for the purposes of section 40 of the Medical Act 1983 (subject to the provisions of that Act) despite the repeal of section 40(1B).
2
In disposing of such an appeal, the powers of the court (or the sheriff) are, instead of those set out in section 40(8) of the Medical Act 1983—
a
to dismiss the appeal, or
b
to allow the appeal and direct the Council to take such steps as the court (or the sheriff) thinks fit to draw the findings of the court to the attention of the European Commission.
Visiting medical practitioners: saving of old law for up to one year68
1
Where, immediately before exit day—
a
a visiting practitioner was entitled under paragraph 4 (entitlement to provide occasional medical services: first year)52 or 7 (entitlement to provide occasional medical services after first year: renewals) of Schedule 2A to the Medical Act 1983 to provide occasional medical services, or
b
the Registrar was in receipt of the required documents (within the meaning of paragraph 5 (first provisions of services: required documents) of that Schedule) from a visiting practitioner seeking to acquire that entitlement,
any provision made by or under that Act continues to apply in relation to the visiting practitioner without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting medical practitioners from relevant European States.
2
But a visiting practitioner’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the Medical Act 1983 on or after exit day (and, accordingly, the entitlement lapses at end of the period mentioned in paragraph 8(1) or (2) (duration of entitlement to provide occasional medical services) of that Schedule).
3
The reference in sub-paragraph (1) to “the provisions relating to visiting medical practitioners from relevant European States” are to the provisions listed in the following table.
Act or instrument | Provision relating to visiting medical practitioners |
|---|---|
Medical Act 1983 | section 2(2)((d) |
section 18 | |
section 30(1)(d) | |
section 32(5) | |
section 44B(1) and (2) | |
section 44C(11) | |
in section 55(1), the definition of “fully registered person” | |
Schedule 1, paragraph 10 | |
Schedule 2A | |
Schedule 3A, paragraphs 1 and 2(1)(q) | |
Postgraduate Medical Education and Training Order of Council 2010 | article 3(1)(c) and (2) |
article 7(1)(c) and (2) | |
General Medical Council (Form and Content of the Registers) Regulations No 2 2010 | regulation 2 |
regulation 4(d) | |
regulation 5(f) | |
General Medical Council (Licence to Practise and Revalidation) Regulations 2012 | regulation 3(1) |
regulation 4(2)(f) | |
regulation 6(2) |
SCHEDULE 2Pharmacists and pharmacy technicians
PART 1Amendments to legislation
Interpretation1
In this Schedule—
a
“the 1968 Act” means the Medicines Act 196853;
b
“the 2010 Order” means the Pharmacy Order 201054.
Medicines Act 1968
2
The 1968 Act is amended as follows.
3
In section 67E (interpretation of provisions about defences)55, in the definition of “registrant”—
a
in paragraph (a), for “2, 4 or 5” substitute “or 2”;
b
in paragraph (b), omit the words from “or the register” to “European State”.
4
In section 69 (general provisions about pharmacies)56, omit subsection (1ZA).
5
In section 71 (business carried on by body corporate)57, omit subsection (7).
6
In section 78 (restrictions on use of titles etc.)58—
a
in subsection (5), omit the words from “or in the” to “European State”;
b
in subsection (5A), omit “or 4”.
Pharmacy Order 2010
7
The 2010 Order is amended as follows.
8
In article 3 (interpretation)59—
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 this Order 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 exit day;
b
omit the definitions of “competent authority”, “Directive 2002/58/EC”, “European mutual recognition area”, “European professional card”, “exempt person”, “General Systems Regulations”, “IMI”, “IMI file” and “third country”;
c
in the definition of “registered pharmacist”, omit “or 4”;
d
in the definition of “registered pharmacy technician”, omit “or 5”.
9
In article 19 (establishment, maintenance of, and access, to the Register), in paragraph (2)—
a
in the words before paragraph (a), for “five” substitute “three”;
b
in paragraphs (a) and (b), omit “other than visiting practitioners”;
c
at the end of paragraph (b), insert “and”;
d
omit sub-paragraph (d) (including the final “and”);
e
omit sub-paragraph (e).
10
In article 20 (entitlement to entry in Parts 1 or 2 of the Register), for paragraph (4), substitute—
4
The Registrar must treat a person who—
a
applies to be entered in Part 1 of the Register as a pharmacist,
b
qualified as a pharmacist in a relevant European State,
c
was, on exit day, in the register of pharmaceutical chemists for Northern Ireland, or was entered in that register on or after exit day further to an application made before exit day, and
d
has remained in that register since exit day or, as the case may be, since that entry (disregarding any period in which the person was not in the register as a result of a decision that was later overturned in an appeal or other legal proceeding),
as meeting the requirements of paragraph (1)(a)(i).
11
1
Article 21 (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists)60 is amended as follows.
2
In paragraph (1)—
a
in sub-paragraph (a), omit the words from “(and” to the end;
b
omit sub-paragraph (b);
c
omit sub-paragraph (c) (but not the final “or”);
d
in sub-paragraph (d)—
i
in the words before paragraph (i), omit “subject to paragraph (2),”;
ii
omit paragraph (ii)(aa) (including the final “or”);
iii
in paragraph (ii)(bb), omit “whether or not P is an exempt person,”.
3
After paragraph (1), insert—
1A
A relevant European qualification is to be treated as a qualification which has been approved under paragraph (1)(d)(i).
1B
In this article “relevant European qualification” means—
a
a qualification that falls within article 21A and has not been designated by the Council for the purposes of this sub-paragraph, or
b
a qualification in pharmacy that does not fall within article 21A but—
i
was granted in a relevant European State, and
ii
attests, in the opinion of the Council, to a comparable standard of proficiency to that attested to by a qualification approved under paragraph (1)(a).
1C
The Council—
a
may designate a qualification for the purposes of paragraph (1B)(a) only with the approval of the Privy Council;
b
must maintain and publish a list of the qualifications that are so designated.
4
Omit paragraphs (2) to (5).
12
After article 21, insert—
European qualifications: pharmacists21A
1
Subject to the following provisions of this article, a qualification falls within this article if it was awarded in a relevant European State and is listed in Annex V, point 5.6.2 of the Directive.
2
A qualification falls within this article only if it is accompanied, where applicable, by the certificate listed in relation to the qualification in the column entitled “Certificate accompanying the diploma” in Annex V, point 5.6.2 of the Directive.
3
A qualification does not fall within this article if it was awarded before the reference date, or is evidence of training begun before that date.
4
In paragraph (3) “reference date” means the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.6.2 of the Directive.
13
1
Article 22 (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians) is amended as follows.
2
In paragraph (1)—
a
in sub-paragraph (a), at the end insert “or”;
b
omit sub-paragraph (b) (including the final “or”);
c
in sub-paragraph (c)—
i
in paragraph (i), omit the final “or”;
ii
after paragraph (i), insert—
ia
holds a qualification which was granted in a relevant European State and, despite its not having been approved under paragraph (i), attests, in the opinion of the Council, to a comparable standard of proficiency to that attested to by a qualification approved under paragraph (1)(a), or
iii
omit paragraph (ii)(aa);
iv
in paragraph (ii)(bb) omit “whether or not T is an exempt person,”.
3
Omit paragraphs (2) and (3).
14
1
Article 23 (form, manner and content of applications for entry or for renewal of an entry in the register: pharmacists and pharmacy technicians)61 is amended as follows.
2
In paragraph (1)(c)—
a
in paragraph (iii)—
i
omit “who is not an exempt person”;
ii
at the end insert “and”;
b
omit paragraph (iv);
c
omit paragraph (vi) (including the final “and”).
3
Omit paragraphs (4) to (11).
15
In article 23A (supplementary provisions as to necessary knowledge of English)62, omit paragraphs (5) and (7).
16
1
Article 24 (notification by the Registrar: entry and renewal)63 is amended as follows.
2
Omit paragraphs (2A) and (2B).
3
In paragraph (3), for “specified period” substitute “period of three months beginning with the relevant date”.
4
In paragraph (4)—
a
omit sub-paragraph (a) (including the final “or”);
b
in the words after sub-paragraph (b)—
i
omit the words from “a decision”, where it first occurs, to “or”;
ii
omit “(as the case may be)”;
iii
for “specified period” substitute “period of three months beginning with the relevant date”.
5
Omit paragraph (5).
6
In paragraph (5A), for “any period of time for the purposes of paragraph (5)” substitute “the period of three months for the purposes of paragraph (3) or (4)”.
17
In article 29 (corrections to the Register), in paragraph (3)(a), omit “or in Part 4 or 5 of the Register”.
18
In article 32 (indemnity arrangements)64, omit paragraph (11).
19
Omit article 33 (visiting pharmacists and pharmacy technicians from relevant European States).
20
Omit article 33A (European professional card)65.
21
In article 36 (fees in connection with entry)—
a
in paragraph (1), for “Subject to paragraph (3), the” substitute “The”;
b
omit paragraph (3).
22
In article 37 (restoration to the Register), in paragraph (5), for “, 2, 4 or 5” substitute “or 2”.
23
1
Article 38 (offences relating to the Register) is amended as follows.
2
In paragraph (2)—
a
in sub-paragraph (a), omit “or 4”;
b
in sub-paragraph (b), omit “or 5”.
3
In paragraph (4)—
a
in sub-paragraph (a), omit “or 4”;
b
in sub-paragraph (b), omit “or 5”.
24
1
Article 39 (appealable decisions)66 is amended as follows.
2
In paragraph (1)—
a
omit sub-paragraphs (a), (c), (cb) and (e);
b
in sub-paragraphs (i) and (l), for “, 2, 4 or 5” substitute “or 2”;
c
omit sub-paragraphs (t) and (u).
3
Omit paragraph (1A).
25
In article 40 (appeals to the Appeals Committee)67—
a
omit paragraph (1A);
b
in paragraph (2), omit sub-paragraph (b) (together with the “or” before it);
c
in paragraph (7)—
i
in sub-paragraph (b), omit the words from “or, in” to the end;
ii
omit sub-paragraph (ca) (but not the final “or”).
26
In article 41 (appeals from the Appeals Committee)68, in paragraph (4)—
a
in sub-paragraph (b), omit the words from “or, in” to the end;
b
omit sub-paragraph (ca) (but not the final “or”).
27
In article 42 (education, training and acquisition of experience)69, in paragraph (1)(a), omit from “except” to “22(1)(b),”.
28
Omit article 42A (professional traineeships carried out in other relevant European States, etc)70.
29
In article 43 (continuing professional development)—
a
omit paragraph (5)(c);
b
omit paragraph (8)(b);
c
omit paragraph (9).
30
In article 66 (rules), omit paragraph (2).
31
Omit article 67 (The Directive: designation of competent authority etc)71.
32
Omit article 71 (review)72.
33
Omit Schedule 2 (visiting pharmacists and pharmacy technicians from relevant European States)73.
34
Omit Schedule 2A (European professional card)74.
35
Omit Schedule 3 (The Directive: designation of competent authority etc)75.
Medicines for Human Use (Clinical Trials) Regulations 200436
In the Medicines for Human Use (Clinical Trials) Regulations 200476, in regulation 2(1) (interpretation), in the definition of “pharmacist”—
a
in paragraph (a), omit “or 4”;
b
in paragraph (b), omit the words from “, or the” to “European State,”.
Approved European Pharmacy Qualifications Order of Council 200737
The Approved European Pharmacy Qualifications Order of Council 200777 is revoked.
National Health Service (Pharmaceutical Services) (Scotland) Regulations 200938
In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 200978, in regulation 2 (interpretation), in paragraph (1), in the definition of “pharmacist”, omit “or 4”.
General Pharmaceutical Council (Registration) Rules 201039
1
The General Pharmaceutical Council (Registration) Rules 201079 are amended as follows.
2
In rule 10 (entry in the Register)—
a
in paragraph (3)—
i
omit sub-paragraphs (e), (f), (h) and (i);
ii
in sub-paragraph (j)—
aa
omit paragraph (i) (including the final “or”);
bb
in paragraph (ii), omit from “in”, where it first occurs, to “way),”;
iii
in sub-paragraph (k)—
aa
omit paragraph (i) (including the final “and”);
bb
in paragraph (ii), omit “whether or not the applicant is an exempt person,”;
b
omit paragraph (3ZA);
c
in paragraph (12), omit the definition of “attesting state” (including the final “and”).
3
In the heading to Part 4, for “, 2, 4 and 5” substitute “and 2”.
4
In rule 18 (notice of intention to remove: stage 1)—
a
in paragraph (1)(a), omit “, 4 or 5”;
b
in paragraph (5)(a)(i), omit “, 4 or 5”.
5
In rule 19 (subsequent action by Registrar: stage 2)—
a
in paragraph (1), omit “, 4 or 5”;
b
in paragraph (4)(a), omit “, 4 or 5”;
c
in paragraph (5)(b), omit “, 4 or 5”.
6
In rule 20 (decisions in contested cases: stage 3), in paragraph (3)(a), omit “, 4 or 5”.
Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 201040
The Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 201080 is revoked.
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 201141
1
The General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 201181 are amended as follows.
2
In rule 5 (steps which the Registrar may take)—
a
in paragraph (2)(b), for “, 2, 4 or 5” substitute “or 2”;
b
omit paragraph (3).
3
In rule 6 (remedial measures), in paragraph (1)(f), omit paragraph (ii) and the “or” before it.
4
In rule 8 (subsequent action by the Registrar: stage 2), in paragraph (1), for “, 2, 4 or 5” substitute “or 2”.
5
In rule 9 (decisions in contested cases: stage 3), in paragraph (5), for “, 2, 4 or 5” substitute “or 2”.
6
In rule 11 (suspension from the register pending appeal), in paragraph (1)(a), for “, 2, 4 or 5” substitute “or 2”.
Human Medicines Regulations 201242
In the Human Medicines Regulations 201282, in regulation 8(1) (interpretation)—
a
in the definition of “health care professional”, in paragraph (d), omit “or 5”;
b
in the definition of “pharmacist”—
i
in paragraph (a), omit “or 4”;
ii
in paragraph (b), omit the words from “or the” to “European State”.
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 201343
In the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 201383, in regulation 2(1)—
a
in the definition of “registered pharmacist”, omit “or 4”;
b
in the definition of “registered pharmacy technician”, omit “or 5”.
PART 2Savings and transitional provision
Pending applications44
Where an application for entry in, or restoration to, a part of the register kept under the 2010 Order is received before exit day, any provision made by or under that Order (except for provision contained in Schedule 2A to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
Visiting pharmacists and pharmacy technicians: saving of old law for up to one year45
1
Where, immediately before exit day—
a
a visiting pharmacist or pharmacy technician was entitled under paragraph 3, 6, 11 or 14 of Schedule 2 to the 2010 Order to provide occasional pharmacy services, or
b
the Registrar was in receipt of the required documents (within the meaning of paragraph 4 or 12 of that Schedule) from a pharmacist or pharmacy technician seeking to acquire that entitlement,
any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the pharmacist or technician without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting practitioners from relevant European States.
2
But a visiting practitioner’s entitlement does not continue (or further continue) under paragraph 6 or 14 of Schedule 2 to the 2010 Order on or after exit day (and, accordingly, the entitlement lapses at the end of—
a
in the case of a pharmacist, the period mentioned in paragraph 7(1) or (2) of that Schedule;
b
in the case of a pharmacy technician, the period mentioned in paragraph 15(1) or (2) of that Schedule).
3
The reference in sub-paragraph (1) to “the provisions relating to visiting practitioners from relevant European States” is to the provisions listed in the following table.
Instrument | Provision relating to visiting practitioners |
|---|---|
The 1968 Act | section 67E |
section 69(1ZA) | |
section 71(7) | |
section 78(5) and (5A) | |
The 2010 Order | in article 3(1), the definitions of “competent authority”, “exempt person”, “General Systems Regulations”, “registered pharmacist” and “registered pharmacy technician” |
article 19(2)(d) and (e) | |
article 29(3)(a) | |
article 32(11) | |
article 33 | |
article 36(3) | |
article 37(5) | |
article 38(2) and (4) | |
article 39(1)(c), (e), (i) and (l) | |
article 43(5)(c), (8)(b) and (9) | |
Schedule 2 | |
Medicines for Human Use (Clinical Trials) Regulations 2004 | regulation 2(1) |
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 | regulation 2(1) |
General Pharmaceutical Council (Registration) Rules 2010 | rule 18(1)(a) and (5)(a)(i) |
rule 19(1), (4)(a) and (5)(b) | |
rule 20(3)(a) | |
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011 | rule 5(2)(b) and (3) |
rule 6(f)(ii) | |
rule 8(1) | |
rule 9(5) | |
rule 11(1)(a) | |
Human Medicines Regulations 2012 | regulation 8(1) |
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 | regulation 2(1) |
European Professional Card
46
1
Sub-paragraph (2) applies where, immediately before exit day—
a
a person held a valid European professional card for establishment as a pharmacist in Great Britain, or
b
the General Pharmaceutical Council was in receipt of a person’s application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.
2
For the purposes of registration in the register kept under the 2010 Order, the person is not required to resubmit any document or evidence held by the Council which is derived from the person’s IMI file and which does not appear to the Council to have become invalid.
3
In this paragraph—
a
“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), as it had effect immediately before exit day;
b
“IMI file” has the meaning given by article 3 of the 2010 Order as it had effect immediately before exit day.
47
1
Where, immediately before exit day, a person was entitled as mentioned in paragraph 15(2) of Schedule 2A to the 2010 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 of this Schedule to the provisions relating to the provision of occasional pharmacy services by holders of a European professional card.
2
For the purposes of paragraph 15(4)(a) of Schedule 2A to the 2010 Order as it continues to apply by virtue of sub-paragraph (1)—
a
a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning on the day on which it was transmitted;
b
a European professional card that was issued as mentioned in paragraph 15(1)(b) of that Schedule is to be treated as becoming invalid on the expiry of the period of 12 months beginning with the day on which it was issued.
3
The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional pharmacy services by holders of a European professional card” is to the provisions listed in the following table.
Instrument | Provision relating to visiting practitioners |
|---|---|
The 1968 Act | section 67E |
section 69(1ZA) | |
section 71(7) | |
section 78(5) and (5A) | |
The 2010 Order | in article 3(1), the definitions of “competent authority”, “European professional card”, “General Systems Regulations”, “IMI”, “IMI file” and “registered pharmacist” |
article 19(2)(d) | |
article 29(3)(a) | |
article 33A | |
article 36(3) | |
article 37(5) | |
article 38(2) and (4) | |
article 39(1)(c), (i) and (l) | |
article 43(5)(c), (8)(b) and (9) | |
in Schedule 2A, paragraphs 2 (except the definitions of “automatically recognised pharmacist”, “EPC holder” and “missing document”), 15 and 16 | |
Medicines for Human Use (Clinical Trials) Regulations 2004 | regulation 2(1) |
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 | regulation 2(1) |
General Pharmaceutical Council (Registration) Rules 2010 | rule 18(1)(a) and (5)(a)(i) |
rule 19(1), (4)(a) and (5)(b) | |
rule 20(3)(a) | |
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011 | rule 5(2)(b) and (3) |
rule 8(1) | |
rule 9(5) | |
rule 11(1)(a) | |
Human Medicines Regulations 2012 | regulation 8(1) |
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 | regulation 2(1) |
48
1
A decision within article 39(1)(u) of the 2010 Order taken before exit day, or a failure within article 39(1A) of that Order arising before exit day, continues to be appealable for the purposes of article 40 of that Order (subject to the provisions of the Order) despite the revocation of article 39(1)(u) and (1A).
2
In disposing of such an appeal (or a further appeal under article 41 of the 2010 Order), the powers of the Appeal Committee (or the relevant court) are, instead of those set out in article 40(7) (or 41(4)) of the 2010 Order, to—
a
dismiss the appeal, or
b
allow the appeal and—
i
direct the Council to take such steps as the Committee (or the relevant court) thinks fit to draw the findings of the Committee (or court) to the attention of the European Commission;
ii
direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 45(1)(a), as a person who held a valid European professional card for establishment in Great Britain immediately before exit day,
and, in the case of an appeal under article 41, to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.
IMI alerts49
1
Where an alert has been sent by the General Pharmaceutical Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (as they had effect before exit day), the decision to send the alert continues to be appealable for the purposes of article 40 of the 2010 Order (subject to the provisions of that Order) despite the revocation of article 39(1)(t).
2
In disposing of such an appeal (or a further appeal under article 41 of the 2010 Order), the powers of the Appeal Committee (or the relevant court) are, instead of those set out in article 40(7) (or 41(4)) of the 2010 Order, to—
a
dismiss the appeal, or
b
allow the appeal and direct the Council to take such steps as the Committee (or the relevant court) thinks fit to draw the findings of the Committee (or court) to the attention of the European Commission,
and, in the case of an appeal under article 41, to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.
Interpretation of saved provisions50
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in article 3(1) of the 2010 Order—
i
there were substituted for the definition of “the Directive”—
“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 this Order 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 exit day;
ii
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
iii
in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of pharmacist or pharmacy technician by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of pharmacist or pharmacy technician, no less favourably than a national of a relevant European State;
iv
in the definition of “General Systems Regulations”, after “2015” there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 3Dentists and dental care professionals
PART 1Amendments to legislation
Interpretation1
Dentists Act 1984
2
The 1984 Act is amended as follows.
3
In section 12A (degrees and licences)86, in subsection (2), in the definition of “basic dental training”, for “is to” substitute “would”.
4
In section 14 (dentists register)87, in subsection (1A)—
a
for “three” substitute “two”;
b
at the end of paragraph (a), insert “and”;
c
omit paragraph (c) and the “and” before it.
5
In section 15 (qualification for registration)88—
a
in subsection (1)—
i
at the end of paragraph (a), insert “and”;
ii
omit paragraphs (b) and (ba) (including the final “and”);
b
for subsection (2), substitute—
2
In this Act “recognised overseas diploma” means—
a
a relevant European diploma, or
b
any other diploma granted in a country overseas that is recognised for the time being by the Council for the purposes of this Act.
2ZA
In this Act “relevant European diploma” means—
a
an appropriate European diploma, within the meaning given by Schedule 2, that has not been designated by the Council for the purposes of this paragraph, or
b
a dental qualification that is not an appropriate European diploma but—
i
was granted in a relevant European State, and
ii
demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a UK diploma in dentistry (within the meaning given by section 12A(2)).
2ZB
The Council—
a
may designate a diploma for the purposes of subsection (2ZA)(a) only with the approval of the Privy Council;
b
must maintain and publish a list of the diplomas that are so designated.
c
in subsection (3), omit “, (b) or (ba)”;
d
after subsection (4), insert—
4ZA
Subsection (4)(c) does not apply to a person whose application under this section is made in reliance on a relevant European diploma.
e
omit subsections (4A) to (4C).
6
In section 15A (necessary knowledge of English)89, omit subsections (5) and (7).
7
In section 16 (overseas diplomas)90, omit subsections (2A) and (2B).
8
In section 17 (temporary registration)91—
a
omit subsection (3A);
b
in subsection (3B), omit “(except subsection (5))”.
9
In section 18 (registration procedure)92, omit subsections (2A) and (2B).
10
In section 19 (registration regulations)93—
a
in subsection (1), for “Subject to subsection (1A), the” substitute “The”;
b
omit subsection (1A).
11
In section 21A (notification of result of application)94—
a
omit subsections (2A) and (2B);
b
in subsection (3), for the words from “application—” to the end substitute “application within the period of three months beginning with the relevant date.”.
12
In section 26A (indemnity requirements)95, omit subsection (11).
13
In section 29 (appeals)96—
a
in subsection (1), omit paragraph (d);
b
in subsection (1B), omit “or regulation 67 of the General System Regulations,”;
c
in subsection (3)—
i
in paragraph (b), omit the words after “against”;
ii
in paragraphs (c) and (d), omit “the Council,”.
14
Omit section 34AA (professional training and development for visiting dentists)97.
15
In section 35 (effect of disqualification in relevant European States)98—
a
in subsection (1), for “15(1)(b) or (ba) above” substitute “15(1)(c) in reliance on a relevant European diploma”;
b
in subsection (3), for the words from “is registered” to “when he is” substitute “has been registered under section 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before exit day, when he was”;
c
in subsection (5), for “15(1)(b) or (ba)” substitute “15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before exit day,”.
16
Omit section 36 (visiting dentists from relevant European states)99.
17
18
In section 36B (dental care professionals register)102, for subsection (1A) substitute—
1A
The dental care professionals register shall contain particulars of persons who under section 36C are entitled to be registered in the dental care professionals register.
19
In section 36C (qualifications for registration)103—
a
in subsection (1), for paragraphs (a) and (b) substitute—
a
of matter A or C, and
b
of matter D.
b
omit subsection (3);
c
after subsection (4), insert—
4A
Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that—
a
was granted in a relevant European State, and
b
demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2).
d
in subsection (5), for paragraphs (a) and (b) substitute—
a
shall take into account all that person’s relevant qualifications, and all relevant knowledge or experience, wherever acquired, and
b
may determine that a person must perform to the satisfaction of the Council in any test or assessment specified in the determination.
e
omit subsections (6A) and (6B).
20
In section 36CA (necessary knowledge of English)104—
a
omit subsections (5), (7) and (8);
b
in subsection (14)(a), omit “the principal list of”.
21
In section 36E (rules relating to the register)105, in paragraph (a), omit “the principal list of”.
22
In section 36F (registration fees)106—
a
for “Subject to subsection (1A), the” substitute “The”;
b
omit subsection (1A).
23
In section 36L (indemnity arrangements)107, omit subsection (11).
24
In section 36S (appeals)108—
a
in subsection (1), omit paragraph (d);
b
in subsection (3), omit “or regulation 67 of the General System Regulations,”;
c
in subsection (6)—
i
in paragraph (b), omit the words after “against”;
ii
in paragraphs (c) and (d), omit “the Council,”.
25
26
In section 53 (interpretation)111, in subsection (1)—
a
omit the definitions of “competent authority”, “Directive 2002/58/EC”, “exempt person”, “the General Systems Regulations”, “IMI”, and “national”;
b
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 this Act 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 exit day;
27
In Schedule 2 (European Dental Qualifications)112—
a
in paragraph 1(1), omit the definition of “medical qualification”;
b
in paragraph 2—
i
for “paragraphs 3, 3A and 4” substitute “paragraph 3”;
ii
for “any” substitute “a”;
iii
for “15(1)(b)” substitute “15(2ZA)”;
iv
for “, provided that, where the diploma” substitute “if it”;
v
after “Directive”, where it first occurs, insert “and”;
c
in paragraph 3—
i
for “15(1)(b)” substitute “15(2ZA)”;
ii
omit the words from “unless” to the end;
d
omit paragraphs 3A to 10.
28
In Schedule 2A (registration appeals)113—
a
in paragraph 1—
i
in the definition of “appealable registration decision”, omit “and (4)”;
ii
in the definition of “person concerned”, omit “or (4)”;
iii
in the definition of “the requisite period”—
aa
omit “(ba),”;
bb
for “, (i) or (j)” substitute “or (i)”;
cc
omit the words after “the decision”, where it first appears;
b
in paragraph 2(1)—
i
in paragraph (a), omit “, (b)”;
ii
omit paragraphs (aa), (ab), (ba) and (bb);
iii
omit paragraphs (j), (k) and (l);
c
in paragraph 3—
i
in sub-paragraph (2)—
aa
omit “, (aa)”;
bb
for “, (i) or (j)” substitute “or (i)”;
ii
omit sub-paragraphs (3) and (4);
d
in paragraph 4(1)(b), omit “or (4)”.
29
Omit Schedule 4 (visiting dentists from relevant European states)114.
30
Omit Schedule 4ZA (designation of competent authority)115.
31
In Schedule 4A (registration appeals)116—
a
in paragraph 1—
i
in the definition of “appealable registration decision”, omit “and (4)”;
ii
in the definition of “person concerned”, omit “or (4)”;
iii
in the definition of “the requisite period”, omit “(ab),”;
b
in paragraph 2(1)—
i
omit paragraphs (aa) and (ab);
ii
omit paragraph (i) and the “and” before it;
c
in paragraph 3, omit sub-paragraphs (3) and (4);
d
in paragraph 4(1)(b), omit “or (4)”.
European Primary and Specialist Dental Qualifications Regulations 199832
1
The 1998 Regulations are amended as follows.
2
In regulation 2 (interpretation)117, 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 exit 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)118, in paragraph (1), after “arise from” insert “retained”.
4
Omit regulation 4 (designation of competent authority)119.
5
In regulation 7 (minimum requirements for specialist training)120—
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)121—
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)122—
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.)123.
9
In regulation 10 (recognised European qualifications)124—
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.)125.
11
In regulation 14 (appeals to panel)126, in paragraph (1), omit sub-paragraphs (ba) to (bc).
12
Omit Schedule A1 (competent authority functions)127.
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 201533
In the General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015128, in rule 1(2) (interpretation)—
a
in the definitions of “dental care professional” and “dentist”, omit the words from “other” to the end;
b
in the definition of “register”, in paragraphs (a) and (b), omit the words from “in relation” to the end.
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 201734
In the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017129, in rule 1(3) (interpretation), in the definition of “practitioner”, omit the words from “other” to the end.
PART 2Savings and transitional provision
Pending applications35
1
Where an application for—
a
registration in, or restoration to, a register kept under the 1984 Act, or
b
entry into a list kept under regulations made under section 26 of the 1984 Act,
is received before exit day, any provision made by or under that Act, or (in the case of an application within paragraph (b)) by the 1998 Regulations, continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
2
For the purposes of paragraph (1) a list transmitted under section 18(3) of the 1984 Act is to be regarded as an application for registration in the dentists register.
Assessments in relation to specialties36
Regulation 13 of the 1998 Regulations continues to apply for the purposes of any assessment referred to in paragraph (1)(a)(i) or (b) of that regulation that has begun but not been concluded before exit day.
Visiting dentists: saving of old law for up to one year37
1
Where, immediately before exit day—
a
a visiting dentist was entitled under paragraph 4 or 7 of Schedule 4 to the 1984 Act to provide occasional dental services, or
b
the registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a dentist seeking to acquire that entitlement,
any provision made by or under the Act, or by the 1998 Regulations, continues to apply in relation to the dentist without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dentists from relevant European states.
2
But a visiting dentist’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 4 to the 1984 Act on or after exit day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).
3
The reference in sub-paragraph (1) to “the provisions relating to visiting dentists from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting dentists |
|---|---|
The 1984 Act | section 14(1A) |
section 19(1) and (1A) | |
section 26A(11) | |
section 34AA | |
section 36 | |
in section 53(1), the definitions of “the Directive”, “exempt person”, “the General Systems Regulations”, and “national” | |
Schedule 2A, paragraph 2(1)(l) | |
Schedule 4 | |
The 1998 Regulations | regulation 8(2)(e), (2A) and (2B) |
regulation 14(1)(bc) | |
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 | rule 1(2) |
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 | rule 1(3) |
Visiting dental care professionals: saving of old law for up to one year38
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of relevant dental care services (and section 36Z3(3) of the 1984 Act accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 1984 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dental care professionals from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting dental care professional—
a
in respect of a title under which the professional is registered as required by section 36Z3(3), when the person’s name is erased under section 36Z3(6) of the 1984 Act;
b
in respect of any other title, when the person’s entitlement ceases by reason of the operation of section 36Z3(5) of the 1984 Act.
3
In sub-paragraph (1)—
a
“relevant dental care services” means services that were “relevant services” within the meaning of section 36Z3(11) of the 1984 Act, as it had effect immediately before exit day;
b
the reference to “the provisions relating to visiting dental care professionals from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting professionals |
|---|---|
The 1984 Act | section 36B(1A) |
section 36CA(14) | |
section 36E | |
section 36F(1) and 1(A) | |
section 36L(11) | |
section 36Z3 | |
section 36Z4 | |
in section 53(1), the definitions of “competent authority”, “exempt person”, “the General Systems Regulations”, and “national” | |
Schedule 4A, paragraph 2(1)(i) | |
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 | rule 1(2) |
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 | rule 1(3) |
IMI alerts39
1
Where an alert has been sent by the General Dental Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29 or (as the case may be) 36S of the 1984 Act (subject to the provisions of that Act) despite the repeal of sections 29(1)(d) and 36S(1)(d).
2
In disposing of such an appeal, the powers of the relevant court are, instead of those set out in section 29(3) or 36S(6) of the 1984 Act, to—
a
dismiss the appeal, or
b
allow the appeal and direct the Council to take such steps as the court thinks fit to draw the findings of the court to the attention of the European Commission,
and to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.
Interpretation of saved provisions40
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in section 53(1) of the 1984 Act or regulation 2(1) of the 1998 Regulations (whichever is relevant)—
i
there were substituted for the definition of “the Directive”—
aa
in the case of section 53(1) of the 1984 Act—
“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 this Act 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 exit day;
bb
in the case of regulation 2(1) of the 1998 Regulations—
“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 exit day;
ii
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
iii
in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
aa
in the case of section 53(1) of the 1984 Act—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;
bb
in the case of regulation 2(1) of the 1998 Regulations—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of dentistry by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of dentistry, no less favourably than a national of a relevant European State;
iv
in the definition of “the General Systems Regulations” (or “General Systems Regulations”), at the end there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
v
in the definition of “national”, for “is not” there were substituted “was not, immediately before exit day”;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 4Nurses, midwives and nursing associates
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 2001 Order” means the Nursing and Midwifery Order 2001130.
Nursing and Midwifery Order 2001
2
The 2001 Order is amended as follows.
3
In article 5A (knowledge of English)131, omit paragraphs (5) and (7).
4
In article 6 (register of nurses, midwives and nursing associates)132, omit paragraph (3)(aa).
5
In article 7 (register: supplemental provision)133, omit paragraph (4).
6
In article 8 (access to register)134, omit paragraph (5).
7
In article 9 (registration)135—
a
in paragraph (1), for “Subject to paragraph (7), a” substitute “A”;
b
omit paragraphs (3A) to (3C);
c
in paragraph (5), for the words from ““the specified period”” to the end substitute ““the specified period” means the period of three months beginning with the relevant date.”;
d
in paragraph (6), omit the words from “, including” to “13(1A),”;
e
omit paragraph (7).
8
In article 10 (renewal and readmission)136—
a
in paragraph (1), for “Subject to paragraph (6), where” substitute “Where”;
b
omit paragraph (6).
9
In article 12A (indemnity arrangements)137, omit paragraph (11).
10
In article 13 (approved qualifications)138—
a
in paragraph (1)—
i
at the end of sub-paragraph (a), insert “or”;
ii
omit sub-paragraphs (b) and (c);
iii
in sub-paragraph (d)—
aa
omit “he is not an exempt person and”;
bb
at the end insert “or”;
iv
omit sub-paragraphs (e) and (f);
b
omit paragraphs (1A) and (1B);
c
after paragraph (2) insert—
3
A relevant European qualification is to be treated as a qualification as to which the Council is satisfied as mentioned in paragraph (1)(d)(i) (and accordingly included in any list kept under paragraph (2)(a)).
4
In this article “relevant European qualification” means a qualification that falls within article 13AA and has not been designated by the Council for the purposes of this paragraph.
5
The Council—
a
may designate a qualification for the purposes of paragraph (4) only with the approval of the Privy Council;
b
must maintain and publish a list of the qualifications that are so designated.
11
After article 13 insert—
European qualifications13AA
1
Subject to the following provisions of this article, a qualification falls within this article if it was awarded in a relevant European State and—
a
in relation to registration as a nurse in sub-Part 1 of the Nurses’ Part of the register, it is listed in Annex V, point 5.2.2 of the Directive;
b
in relation to registration in the Midwives’ Part of the register, it is listed in Annex V, point 5.5.2 of the Directive.
2
A qualification within paragraph (1)(b) falls within this article only if—
a
it attests to training that satisfies the conditions in paragraph (1)(a), (b) or (c) of article 41 of the Directive, and
b
in the case mentioned in paragraph (1)(c) of that article, it is accompanied by a certificate of the sort described in paragraph (2) of that article.
3
A qualification does not fall within this article if it was awarded before the reference date, or on or after that date in respect of a course of training begun before that date.
4
In paragraph (3), “reference date” means—
a
in the case of a qualification within paragraph (1)(a), the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.2.2 of the Directive;
b
in the case of a qualification within paragraph (1)(b), the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.5.2 of the Directive.
12
Omit article 14 (EEA qualifications)139.
13
In article 15 (education and training)140, omit paragraph (2).
14
In article 19 (post-registration training)141, omit paragraphs (2A) to (2D).
15
In article 37 (appeals against decisions of the Registrar)142—
a
in paragraph (1), omit sub-paragraphs (zb), (aa), and (e) to (h);
b
in paragraph (9)—
i
in sub-paragraph (b), omit the words from “or, in” to the end;
ii
at the end of paragraph (c), insert “or”;
iii
omit sub-paragraph (ca) (including the final “or”).
16
In article 38 (other appeals)143, in paragraph (3)—
a
in sub-paragraph (b), omit the words from “or, in” to the end;
b
at the end of paragraph (c), insert “or”;
c
omit sub-paragraph (ca) (including the final “or”).
17
Omit articles 39 to 40 (EEA provisions)144.
18
Omit article 55 (review)145.
19
Omit Schedule 2A (visiting European practitioners)146.
20
Omit Schedule 2B (European Professional Card)147.
21
Omit Schedule 3 (competent authority functions)148.
22
In Schedule 4 (interpretation)149—
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 this Order 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 exit day;
b
omit the definitions of “competent authority”, “Directive 2002/58/EC”, “European professional card”, “exempt person”, “General Systems Regulations”, “IMI”, “IMI file”, “national”, and “visiting nurse, midwife or nursing associate from a relevant European State”.
Nursing and Midwifery Council (Fees) Rules 200423
In the Nursing and Midwifery Council (Fees) Rules 2004150, in rule 3 (prescribed fees), in the table—
a
omit entry (d);
b
in Column (2)—
i
in entry (a), for “, (b), (c), (dd), (e) or (f)” substitute “or (dd)”;
ii
in entry (c), omit “(c),”.
Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 200424
In the Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 2004151, omit article 8.
European Nursing and Midwifery Qualifications Designation Order of Council 200425
The European Nursing and Midwifery Qualifications Designation Order of Council 2004152 is revoked.
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 200426
The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004153 are amended as follows.
1
In rule 2 (interpretation)154, omit paragraph (2).
2
Omit rule 2A (visiting European practitioners)155.
3
In rule 3 (education)156, omit paragraphs (1) to (2).
4
In rule 5 (applications for registration)157—
a
in paragraph (2)(a)—
i
at the end of paragraph (i), insert “or”;
ii
omit paragraph (ii);
iii
in paragraph (iii), omit “(c),”;
iv
omit paragraph (iv) (and the “or” before it);
b
omit paragraphs (3) to (4A).
5
In rule 6 (declarations of good health and character)158—
a
in paragraph (1)(e), omit “(c) or”;
b
omit paragraphs (1A) to (1F);
c
in paragraph (5)(b), omit “or paragraph (1D), (1E),”;
d
in paragraph (6)(b), omit “or paragraph (1B), (1C),”.
6
In rule 8 (unsuccessful applications)159—
a
for “13(1)(b), (c), (d), (dd), (e) or (f)” substitute “13(1)(d) or (dd)”;
b
in paragraphs (b) and (c), omit “or (d)”.
7
In rule 15 (readmission)160, in paragraph (2), omit “to (1E)”.
8
In rule 20 (periods for appeals)161—
a
in paragraph (a)—
i
for “(za), (zb), (a), (aa), (b), (c) or (e) to (h)” substitute “(za), (a), (b) or (c)”;
ii
at the end insert “or”;
b
omit paragraph (c) (and the “or” before it).
9
In rule 21 (notice of appeal)162, in paragraph (2)—
a
in sub-paragraph (iii), for “(za), (zb), (a), (aa), (b), (c) or (e) to (g)” substitute “(za), (a), (b) or (c)”;
b
in sub-paragraph (iv), omit “or (h)”.
10
In Schedule 3 (applications for registration)163, omit paragraphs (ba) and (bb).
PART 2Savings and transitional provision
Pending applications27
1
Where a relevant application is received before exit day, any provision made by or under the 2001 Order (except for provision contained in Schedule 2B to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
2
In sub-paragraph (1) “relevant application” means an application for—
a
admission to a part of the register of qualified nurses, midwives and nursing associates,
b
renewal of registration in that register,
c
readmission to that register following lapse of registration, or
d
restoration to that register following striking-off.
Visiting nurses, midwives and nursing associates: saving of old law for up to one year
28
1
Where, immediately before exit day—
a
a visiting nurse or midwife was entitled under paragraph 4 or 7 of Schedule 2A to the 2001 Order to provide occasional services, or
b
the Registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a nurse or midwife seeking to acquire that entitlement,
any provision made by or under the Order continues to apply in relation to the nurse or midwife without the amendments that the Part 1 of this Schedule makes to the provisions relating to visiting midwives and certain visiting nurses from relevant European states.
2
But a visiting nurse or midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after exit day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).
3
The reference in sub-paragraph (1) to “the provisions relating to visiting midwives and certain visiting nurses from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting practitioners |
|---|---|
The 2001 Order | article 6(3)(aa) |
article 7(4) | |
article 9(1) and (7) | |
article 10(1) and (6) | |
article 12A(11) | |
article 19(2A) to (2D) | |
article 37(1)(aa) | |
article 39 | |
Schedule 2A | |
in Schedule 4, the definitions of “competent authority”, “the Directive”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting nurse or midwife from a relevant European State” | |
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 | article 8 |
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 | rule 2A |
rule 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order) | |
rule 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order) |
29
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a nurse or nursing associate (and article 39A(3) or 39C(3) of the 2001 Order accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 2001 Order continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting general systems nurses and nursing associates from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting nurse or nursing associate—
a
in respect of a part of the register in which the person is registered as required by article 39A(3) or 39C(3) of the 2001 Order, when the person’s name is removed under article 39A(6) or 39C(6) of the Order;
b
in respect of any other part of the register, when the person’s entitlement ceases by reason of the operation of article 39A(5) or 39C(5) of the 2001 Order.
3
The reference in sub-paragraph (1) to “the provisions relating to visiting general systems nurses and nursing associates from relevant European states” is to the provisions listed in the table in paragraph 28(3), but as if—
a
the references to article 39 of, and Schedule 2A to, the 2001 Order were omitted, and
b
there were inserted at the appropriate place a reference to articles 39A and 39C of the 2001 Order.
European Professional Card
30
1
Sub-paragraph (2) applies where, immediately before exit day—
a
a person held a valid European professional card for establishment as a nurse in the United Kingdom, or
b
the Nursing and Midwifery Council was in receipt of a person’s application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.
2
For the purposes of registration in the register of qualified nurses, midwives and nursing associates, the person is not required to resubmit any document or evidence held by the Council which is derived from the person’s IMI file and which does not appear to the Council to have become invalid.
3
In this paragraph—
a
“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), as it had effect immediately before exit day;
b
“IMI file” has the meaning given by Schedule 4 to the 2001 Order as it had effect immediately before exit day.
31
1
Where, immediately before exit day, a person was entitled as mentioned in paragraph 15(2) of Schedule 2B to the 2001 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 of this Schedule to the provisions relating to the provision of occasional nursing services by holders of a European professional card.
2
For the purposes of paragraph 15(4)(a) of Schedule 2B to the 2001 Order as it continues to apply by virtue of sub-paragraph (1)—
a
a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning with the day on which it was transmitted;
b
a European professional card that was issued as mentioned in paragraph 15(1)(b) of that Schedule is to be treated as becoming invalid on the expiry of the period of 12 months beginning with the day on which it was issued.
3
The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional nursing services by holders of a European professional card” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting practitioners |
|---|---|
The 2001 Order | article 6(3)(aa) |
article 7(4) | |
article 10(1) and (6) | |
article 19(2A) to (2D) | |
article 39 | |
article 39B | |
in Schedule 2B, paragraphs 2 (except the definitions of “automatically recognised nurse”, “EPC holder” and “missing document”), 15 and 16 | |
in Schedule 4, the definitions of “competent authority”, “the Directive”, “European professional card”, “General Systems Regulations”, “IMI”, and “relevant European State” | |
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 | article 8 |
32
1
A decision within article 37(1)(g) of the 2001 Order taken before exit day, or a failure within article 37(1)(h) of that Order arising before exit day, continues to be appealable for the purposes of article 37 of that Order (subject to the provisions of the Order) despite the revocation of article 37(1)(h) and (g).
2
In disposing of such an appeal (or a further appeal under article 38 of the 2001 Order), the powers of the Council (or the court or sheriff) are, instead of those set out in article 37(9) (or 38(3)) of the 2001 Order, to—
a
dismiss the appeal, or
b
allow the appeal and—
i
direct that such steps be taken as the Council (or the court or sheriff) thinks fit to draw the findings of the Council (or the court or sheriff) to the attention of the European Commission;
ii
direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 29(1)(a), as a person who held a valid European professional card for establishment as a nurse in the United Kingdom immediately before exit day,
and, in the case of an appeal under article 38, to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.
IMI alerts33
1
Where an alert has been sent by the Nursing and Midwifery Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of article 37 of the 2001 Order despite the revocation of article 37(1)(f).
2
In disposing of such an appeal (or a further appeal under article 38 of the 2001 Order), the powers of the Council (or the court or sheriff) are, instead of those set out in article 37(9) (or 38(3)) of the 2001 Order, to—
a
dismiss the appeal, or
b
allow the appeal and direct that such steps be taken as the Council (or the court or sheriff) thinks fit to draw the findings of the Council (or the court or sheriff) to the attention of the European Commission,
and, in the case of an appeal under article 38, to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.
Interpretation of saved provisions34
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in Schedule 4 to the 2001 Order—
i
there were substituted for the definition of “the Directive”—
“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 this Order 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 exit day;
ii
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
iii
in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;
iv
in the definition of “General Systems Regulations”, at the end there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
v
in the definition of “national”, for “is not” there were substituted “was not, immediately before exit day”;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 5Opticians
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 1989 Act” means the Opticians Act 1989164.
Opticians Act 1989
2
The 1989 Act is amended as follows.
3
In section 8 (qualifications for registration)165—
a
omit subsection (1A);
b
after subsection (2A) insert—
2B
A determination under subsection (2A) may not be made in relation to a person whose qualification—
a
was granted in a relevant European State, and
b
indicates, in the opinion of the Council, a level of attainment of competency comparable to that indicated by an approved UK qualification.
2C
In subsection (2B), “approved UK qualification” means a qualification that is—
a
approved under section 12(7)(b), and
b
granted by an establishment in the United Kingdom that is approved under section 12(7)(a).
4
Omit sections 8B to 8D (registration of visiting European practitioners)166.
5
In section 10 (general provisions as to registers and lists)167—
a
in subsection (1)(c), omit “subject to subsection (1ZA),”;
b
omit subsection (1ZA).
6
In section 10A (indemnity arrangements)168, omit subsection (11).
7
In section 11A (continuing education and training), omit subsections (5) to (7)169.
8
In section 11B (failure to satisfy continuing education and training requirements)170, omit subsections (1A) to (1C).
9
In section 23G (appeals)171—
a
in subsection (1)—
i
in paragraph (c), at the end insert “and”;
ii
omit paragraph (e) and the “and” before it;
b
in subsection (4), in paragraphs (b) and (c), for “(e)” substitute “(d)”;
c
omit subsection (8).
10
In section 29 (death or bankruptcy)172, omit subsection (2A).
11
In section 36 (interpretation)173, in subsection (1)—
a
omit the definitions of “exempt person” and “General Systems Regulations”;
b
in the definition of “individual registrant”, for “, 8A or 8B” substitute “or 8A”;
c
in the definition of “register”, omit paragraph (ca);
d
in the definitions of “registered dispensing optician” and “registered optometrist”, omit the words from “or in” to the end.
12
In Schedule 1 (constitution of the General Council)174, in paragraph 1A(1)(b)(ii), omit “or 8B”.
National Health Service (Scotland) Act 197813
In the National Health Service (Scotland) Act 1978175, in section 108 (interpretation), in subsection (1), in the definition of “ophthalmic optician” omit from “, or in” to “that Act” (where it first occurs).
National Health Service Act 200614
In the National Health Service Act 2006176, in section 275 (interpretation), in subsection (1), in the definition of “optometrist” omit from “or in” to “that Act,”.
National Health Service (Wales) Act 200615
In the National Health Service (Wales) Act 2006177, in section 206 (interpretation), in subsection (1), in the definition of “optometrist” omit from “or in” to “that Act,”.
National Health Service (General Ophthalmic Services) Regulations 198616
In the National Health Service (General Ophthalmic Services) Regulations 1986178, in regulation 2 (interpretation), in paragraph (1), in the definition of “optician” omit from “or in” to “that Act”.
National Health Service (Service Committees and Tribunal) Regulations 199217
In the National Health Service (Service Committees and Tribunal) Regulations 1992179,in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “optician” omit from “or in” to “that Act”.
General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 199318
In the General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 1993180, in rule 4 (classes of exempt person), omit paragraph (c).
Medicines for Human Use (Clinical Trials) Regulations 200419
In the Medicines for Human Use (Clinical Trials) Regulations 2004181, in regulation 2 (interpretation), in paragraph (1), in paragraph (e) of the definition of “health care professional” omit from “or in” to “that Act,”.
General Optical Council (Registration) Rules 200520
In the General Optical Council (Registration) Rules 2005182—
a
in rule 2 (interpretation), omit paragraph (1A);
b
in rule 5(1) (information from applicants)—
i
in sub-paragraph (d), omit from “(except” to “registered))”;
ii
in sub-paragraph (f), omit from “except” to “8(1A)),”;
c
in rule 12 (entries on the register), omit paragraph (2);
d
in rule 13 (entries relating to specialties), omit paragraph (2);
e
omit rules 21A and 21B (visiting opticians from relevant European states).
National Health Service (General Ophthalmic Services) (Scotland) Regulations 200621
In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006183, in regulation 2 (interpretation), in paragraph (1)—
a
in the definition of “optometrist”, omit from “or in” to “that Act”;
b
in paragraph (b) of the definition of “register”, omit from “or in” to “that Act” (where it first occurs).
National Health Service (Pharmaceutical Services) (Scotland) Regulations 200922
In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009184, in regulation 2 (interpretation), in paragraph (1), in paragraph (a) of the definition of “optometrist independent prescriber”, omit from “, or in” to “that Act”.
Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 201223
In the Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012185, in regulation 1(2) (interpretation), in the definition of “ophthalmic optician”, omit from “, or in” to “that Act” (where it first occurs).
Human Medicines Regulations 201224
In the Human Medicines Regulations 2012186, in regulation 8 (interpretation), in paragraph (1)—
a
in the definition of “registered optometrist”, omit the words from “or the” to the end;
b
in paragraph (c) of the definition of “the relevant register”, omit the words from “or the” to the end.
PART 2Savings and transitional provision
Pending applications25
Where an application for—
a
entry in, or restoration to, a register kept under the 1989 Act, or
b
the entry, or restoration of an entry, of particulars of a specialty in such a register,
is received before exit day, any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
Visiting opticians: saving of old law for up to one year26
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as an optometrist or dispensing optician (and section 8C(3) or 8D(3) of the 1989 Act accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting opticians from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting optometrist or dispensing optician—
a
if the optometrist or optician is registered as required by section 8C(3) or 8D(3) of the 1989 Act, when his or her name is removed under section 8C(6) or 8D(6) of the Act;
b
otherwise, when his or her entitlement ceases by reason of the operation of section 8C(5) or 8D(5) of the Act.
3
The reference in sub-paragraph (1) to “the provisions relating to visiting opticians from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting opticians |
|---|---|
The 1989 Act | sections 8B to 8D |
section 10(1)(c) and (1ZA) | |
section 10A(11) | |
section 11A(5) to (7) | |
section 11B(1A) to (1C) | |
section 29(2A) | |
section 36(1) | |
Schedule 1, paragraph 1A(1)(b)(ii) | |
National Health Service (Scotland) Act 1978 | section 108(1) |
National Health Service (General Ophthalmic Services) Regulations 1986 | regulation 2(1) |
National Health Service (Service Committees and Tribunal) Regulations 1992 | regulation 2(1) |
Medicines for Human Use (Clinical Trials) Regulations 2004 | regulation 2(1) |
General Optical Council (Registration) Rules 2005 | rules 2(1A), 21A and 21B |
National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 | regulation 2(1) |
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 | regulation 2(1) |
Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 | regulation 1(2) |
Human Medicines Regulations 2012 | regulation 8(1) |
IMI alerts27
1
Where an alert has been sent by the General Optical Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 23G of the 1989 Act (subject to the provisions of that Act) despite the repeal of section 23G(1)(e).
2
In disposing of such an appeal, the powers of the relevant court continue to be those set out in section 23G(8) of the 1989 Act (as it had effect before the coming into force of these Regulations), but as if for “that the alert be withdrawn or amended” there were substituted “the Council to take such steps as the relevant court considers fit to draw the findings of the court to the attention of the European Commission”.
Interpretation of saved provisions28
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in section 36(1) of the 1989 Act—
i
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
ii
in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;
iii
in the definition of “General Systems Regulations”, at the end there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 6Osteopaths
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 1993 Act” means the Osteopaths Act 1993187.
Osteopaths Act 1993
2
The 1993 Act is amended as follows.
3
Omit section 5A (registration of visiting European osteopaths)188.
4
In section 6 (supplemental provision about registration)189—
a
in subsection (1)(a), for “, provisional or temporary” substitute “or provisional”;
b
in subsection (2), for “Subject to subsection (4A), the” substitute “The”;
c
omit subsection (4A);
d
in subsection (5), omit “, except in the case of temporary registration,”;
e
omit subsection (6).
5
In section 8 (restoration to the register)190, in subsection (8), for “, provisionally registered osteopaths or temporarily registered osteopaths” substitute “or provisionally registered osteopaths”.
6
In section 14 (recognition of qualifications)191—
a
after subsection (2), insert—
2A
A qualification that—
a
was granted by an institution in a relevant European State, and
b
is, in the opinion of the General Council, evidence of having reached a standard of proficiency comparable to that evidenced by a qualification recognised under subsection (2),
is to be treated for the purposes of this Act as if it were so recognised.
b
in subsection (3), after “qualification”, where it first occurs, insert “(not being one to which subsection (2A) applies)”;
c
omit subsections (10) and (11).
7
In section 17 (post registration training)192, omit subsections (2A) to (2D).
8
In section 29 (appeals against decisions of the Registrar)193, omit subsection (1)(ba).
9
Omit section 29A (appeals against decisions of the General Council)194.
10
In section 37 (indemnity arrangements)195, omit subsection (2).
11
In section 41 (interpretation)196—
a
omit the definitions of “exempt person”, “General Systems Regulations”, and “temporarily registered osteopath”;
b
in the definition of “registered osteopath”, for the words from “, as a provisionally” to the end, substitute “or as a provisionally registered osteopath”.
General Osteopathic Council (Registration) Rules 199812
In the General Osteopathic Council (Registration) Rules 1998197—
a
in rule 3 (form of register)—
i
in paragraph (1)(a) and (b), omit “or other relevant European State”;
ii
in paragraph (3)—
aa
in sub-paragraph (b), for “, conditionally registered or temporarily registered” substitute “or conditionally registered”;
bb
in sub-paragraph (d), for “, “conditional” or “temporary”” substitute “or “conditional””;
b
in rule 7 (certificates), in paragraph (2)(a)(iv), omit “, a temporarily registered osteopath”.
General Osteopathic Council (Application for Registration and Fees) Rules 200013
In the General Osteopathic Council (Application for Registration and Fees) Rules 2000198—
a
in rule 2 (interpretation), in paragraph (1), omit the definition of “European Economic Area State”;
b
in rule 6 (entry fee), in paragraph (2)(b), omit “or other European Economic Area State,”;
c
in rule 8 (retention fee), in paragraph (2)(b), omit “or other European Economic Area State,”;
d
in rule 10 (restoration fee), in paragraph (2)(b), omit “or other European Economic Area State,”.
General Osteopathic Council (Recognition of Qualifications) Rules 200014
In the General Osteopathic Council (Recognition of Qualifications) Rules 2000199, in rule 4 (non-UK qualifications), omit paragraph (2).
PART 2Savings and transitional provision
Pending applications15
1
Where an application for entry in, or restoration to, the register kept under the 1993 Act is received before exit day, any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
2
Where section 14(10) of the 1993 Act continues to apply by virtue of sub-paragraph (1), the reference in that subsection to EU or Community law is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)).
Visiting osteopaths: saving of old law for up to one year16
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as an osteopath (and section 5A(3) of the 1993 Act accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 1993 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting osteopaths from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting osteopath—
a
if the osteopath is registered as required by section 5A(3) of the 1993 Act, when the osteopath’s name is removed under section 5A(6) of the Act;
b
otherwise, when the osteopath’s entitlement ceases by reason of the operation of section 5A(5) of the Act.
3
The reference in sub-paragraph (1) to “the provisions relating to visiting osteopaths from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting osteopaths |
|---|---|
The 1993 Act | section 5A |
section 6(1), (2), (4A), (5) and (6) | |
section 8(8) | |
section 17(2A) to (2D) | |
section 29(1)(ba) | |
section 29A (other than subsection (2)(c)) | |
section 37(2) | |
section 41 | |
General Osteopathic Council (Registration) Rules 1998 | rules 3(1) and (3) and 7(2)(a) |
IMI alerts17
1
Where an alert has been sent by the General Osteopathic Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29A of the 1993 Act (subject to the provisions of that Act) despite the repeal of section 29A(2)(c).
2
In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in section 29A(3) of the 1993 Act, to—
a
dismiss the appeal, or
b
allow the appeal and direct the General Osteopathic Council to take such steps as the court (or sheriff) thinks fit to draw the findings of the court (or sheriff) to the attention of the European Commission,
and to make such order as to costs (or, in Scotland, expenses) as the court (or sheriff) thinks fit.
Interpretation of saved provisions18
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in section 41 of the 1993 Act—
i
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
ii
in the definition of “exempt person”—
aa
for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of osteopathy by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of osteopathy, no less favourably than a national of a relevant European State;
bb
in the words after paragraph (c), for “is not” substitute “was not, immediately before exit day”;
iii
in the definition of “General Systems Regulations”, at the end there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 7Chiropractors
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 1994 Act” means the Chiropractors Act 1994200.
Chiropractors Act 1994
2
The 1994 Act is amended as follows.
3
Omit section 5A (registration of visiting European chiropractors)201.
4
In section 6 (supplemental provision about registration)202—
a
in subsection (1)(a), for “, provisional or temporary” substitute “or provisional”;
b
in subsection (2), for “Subject to subsection (4A), the” substitute “The”;
c
omit subsection (4A);
d
in subsection (5), omit “, except in the case of temporary registration,”;
e
omit subsection (6).
5
In section 8 (restoration to the register)203, in subsection (8), for “, provisionally registered chiropractors or temporarily registered chiropractors” substitute “or provisionally registered chiropractors”.
6
In section 14 (recognition of qualifications)204—
a
after subsection (2), insert—
2A
A qualification that—
a
was granted by an institution in a relevant European State, and
b
is, in the opinion of the General Council, evidence of having reached a standard of proficiency comparable to that evidenced by a qualification recognised under subsection (2),
is to be treated for the purposes of this Act as if it were so recognised.
b
in subsection (3), after “qualification”, where it first occurs, insert “(not being one to which subsection (2A) applies)”;
c
omit subsections (10) and (11).
7
In section 17 (post registration training)205, omit subsections (2A) to (2D).
8
In section 29 (appeals against decisions of the Registrar)206, omit subsection (1)(ba).
9
Omit section 29A (appeals against decisions of the General Council)207.
10
In section 37 (indemnity arrangements)208, omit subsection (2).
11
In section 43 (interpretation)209—
a
omit the definitions of “exempt person”, “the General Systems Regulations”, and “temporarily registered chiropractor”;
b
in the definition of “registered chiropractor”, for the words after “conditionally registered chiropractor” substitute “or as a provisionally registered chiropractor”.
General Chiropractic Council (Registration) Rules 199912
In the General Chiropractic Council (Registration) Rules 1999210—
a
in rule 2 (interpretation), omit paragraph (2A);
b
in rule 3 (form of register), in paragraph (4)(a), for “, provisionally registered and temporarily” substitute “and provisionally”;
c
in rule 6 (certificates), in paragraph (2), for “, provisionally or temporarily” substitute “or provisionally”.
General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 200213
In the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002211—
a
in rule 2 (interpretation), omit the definition of “the Directive”;
b
for the heading of Part 2 substitute “Applications by chiropractors with foreign qualifications”;
c
in rule 4 (application of Part 2)—
i
at the end of paragraph (a), insert “and”;
ii
omit paragraph (c) and the “and” before it;
d
in rule 5 (treatment of foreign qualifications)—
i
in paragraphs (1) and (2), omit “, subject to paragraph (3),”;
ii
omit paragraph (3);
e
in rule 6 (required standard of proficiency)—
i
in paragraph (1), for “Subject to paragraph (1A), in” substitute “In”;
ii
omit paragraph (1A);
f
omit Part 3 (chiropractors entitled to be authorised under EU law);
g
in the Schedule, omit Form B.
PART 2Savings and transitional provision
Pending applications14
1
Where an application for entry in, or restoration to, the register kept under the 1994 Act is received before exit day, any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
2
Where section 14(10) of the 1994 Act continues to apply by virtue of sub-paragraph (1), the reference in that subsection to EU or Community law is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)).
Visiting chiropractors: saving of old law for up to one year15
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a chiropractor (and section 5A(3) of the 1994 Act accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 1994 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting chiropractors from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting chiropractor—
a
if the chiropractor is registered as required by section 5A(3) of the 1994 Act, when his or her name is removed under section 5A(6) of the Act;
b
otherwise, when the chiropractor’s entitlement ceases by reason of the operation of section 5A(5) of the Act.
3
The reference in sub-paragraph (1) to “the provisions relating to visiting chiropractors from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting chiropractors |
|---|---|
The 1994 Act | section 5A |
section 6(1), (2), (4A), (5) and (6) | |
section 8(8) | |
section 17(2A) to (2D) | |
section 29(1)(ba) | |
section 29A (other than subsection (2)(c)) | |
section 37(2) | |
section 31 | |
General Chiropractic Council (Registration) Rules 1999 | rules 2(2A), 3(4)(a) and 6(2) |
IMI alerts16
1
Where an alert has been sent by the General Chiropractic Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29A of the 1994 Act (subject to the provisions of that Act) despite the repeal of section 29A(2)(c).
2
In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in section 29A(3) of the 1994 Act, to—
a
dismiss the appeal, or
b
allow the appeal and direct the General Chiropractic Council to take such steps as the court (or sheriff) thinks fit to draw the findings of the court (or sheriff) to the attention of the European Commission,
and to make such order as to costs (or, in Scotland, expenses) as the court (or sheriff) thinks fit.
Interpretation of saved provisions17
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in section 43 of the 1994 Act—
i
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
ii
in the definition of “exempt person”—
aa
for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of chiropractic by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of chiropractic, no less favourably than a national of a relevant European State;
bb
in the words after paragraph (c), for “is not” there were substituted “was not, immediately before exit day”;
iii
in the definition of “General Systems Regulations”, at the end there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
b
in the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002—
i
in rule 2, in the definition of “the Directive”, for “as amended from time to time” there were substituted “as it had effect immediately before exit day”;
ii
in rules 11(1) and 12, the references to the Directive applying or not applying to a case were references to the case falling within or outside the Directive;
c
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 8Health and social work professionals
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 2001 Order” means the Health and Social Work Professions Order 2001212.
Health and Social Work Professions Order 2001
2
The 2001 Order is amended as follows.
3
In article 6 (health and social work professions register)213, omit paragraph (3)(aa).
4
In article 7 (register: supplemental provision)214, omit paragraph (4).
5
In article 8 (access to register)215, omit paragraph (5).
6
In article 9 (registration)216—
a
in paragraph (1), for “Subject to paragraph (8), a” substitute “A”;
b
in paragraph (5), for “specified in the General Systems Regulations” substitute “of three months beginning with the day on which the application is received”;
c
omit paragraph (8).
7
In article 10 (renewal and readmission)217—
a
in paragraph (1), for “Subject to paragraph (6), where” substitute “Where”;
b
omit paragraph (6).
8
In article 11A (indemnity arrangements)218, omit paragraph (12).
9
In article 12 (approved qualifications)219—
a
in paragraph (1)—
i
at the end of sub-paragraph (a), insert “or”;
ii
omit sub-paragraphs (b) and (ba);
iii
in sub-paragraph (c)(iii), omit “(except where he is an exempt person)”;
b
omit paragraph (1A).
10
Omit article 13A (visiting professionals from relevant European states)220.
11
In article 19 (post-registration training)221, omit paragraphs (2A) to (2D).
12
In article 37 (registration appeals)222, omit paragraph (1)(aa).
13
In article 38 (other appeals)223—
a
in paragraph (1)(b), for “mentioned in paragraph (1A)” substitute “under article 37”;
b
omit paragraph (1A);
c
in paragraph (3)—
i
in sub-paragraph (b), omit the words from “or, in the case” to the end;
ii
in sub-paragraph (c), omit from “, or the failure” to “(1A)(e),”.
14
Omit article 49 (review)224.
15
In Schedule 3 (interpretation)225, omit the definitions of “European professional card”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting health or social work professional from a relevant European State”.
Health Professions (Parts of and Entries in the Register) Order of Council 200316
In the Health Professions (Parts of and Entries in the Register) Order of Council 2003226, omit article 7.
Health and Care Professions Council (Registration and Fees) Rules 200317
In the Health and Care Professions Council (Registration and Fees) Rules 2003227—
a
in rule 2 (interpretation), omit the definitions of “attesting State” and “competent authority”;
b
omit rule 2A;
c
in rule 4 (registration applications), in paragraph (4)(a), omit paragraphs (ii) and (iia) (but not the final “or”);
d
in rule 7 (knowledge of English), omit “who is not an exempt person”;
e
in rule 17 (scrutiny fees), in paragraph (2), omit “(b) or”.
Health Professions Council (Registration Appeals) Rules 200318
In the Health Professions Council (Registration Appeals) Rules 2003228, in rule 4 (period for appealing), in paragraph (b), for the words from “specified” to the end substitute “of three months referred to in article 9(5) of the Order”.
PART 2Savings and transitional provision
Pending applications19
1
Where a relevant application is received before exit day, any provision made by or under the 2001 Order (except for article 12(1)(ba) of the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
2
In sub-paragraph (1), “relevant application” means an application for—
a
admission to a part of the register kept under the 2001 Order,
b
renewal of registration in that register,
c
readmission to that register following lapse of registration, or
d
restoration to that register following striking-off.
Visiting health and social work professionals: saving of old law for up to one year20
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a member of one of the relevant professions (and article 13A(3) of the 2001 Order accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 2001 Order continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting health and social work professionals from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting health or social work professional—
a
if the professional is registered as required by article 13A(3) of the 2001 Order, when his or her name is removed under article 13A(6) of the Order;
b
otherwise, when the professional’s entitlement ceases by reason of the operation of article 13A(5) of the Order.
3
In sub-paragraph (1)—
a
“relevant professions” has the meaning given by Schedule 3 to the 2001 Order;
b
the reference to “the provisions relating to visiting health and social work professionals from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting professionals |
|---|---|
The 2001 Order | article 6(3)(aa) |
article 7(4) | |
article 9(1) and (8) | |
article 10(1) and (6) | |
article 11A(12) | |
article 13A (except paragraph (2)(b)) | |
article 19(2A) to (2D) | |
article 37(1)(aa) | |
article 38 (so far as relating to article 37(1)(aa)) | |
in Schedule 3, the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State” and “visiting health or social work professional from a relevant European State” | |
Health Professions (Parts of and Entries in the Register) Order of Council 2003 | article 7 |
Health and Care Professions Council (Registration and Fees) Rules 2003 | rule 2A |
European Professional Card
21
1
Sub-paragraph (2) applies where, immediately before exit day—
a
a person held a valid European professional card for establishment as a physiotherapist in the United Kingdom, or
b
the Health and Care Professions Council was in receipt of a person’s application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.
2
For the purposes of registration as a physiotherapist, the person is not required to resubmit any document or evidence held by the Council which is derived from the person’s IMI file and which does not appear to the Council to have become invalid.
3
Where, immediately before exit day, a person fell within article 12(1)(ba) of the 2001 Order by virtue of holding a European professional card for establishment as a physiotherapist in the United Kingdom, the person is to continue to be regarded as having an approved qualification for the purposes of registration as a physiotherapist despite the revocation of article 12(1)(ba).
4
In this paragraph—
a
“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), as it had effect immediately before exit day;
b
“IMI file” has the meaning given by Schedule 4 to the 2001 Order as it had effect immediately before exit day;
c
“registration as a physiotherapist” means registration as such in the register maintained under article 5 of the 2001 Order.
22
1
Where, immediately before exit day, a person was entitled as mentioned in article 13A(2)(b) of the 2001 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 of this Schedule to the provisions relating to the provision of occasional health or social work services by holders of a European professional card.
2
But the person’s entitlement ceases on the expiry of the period of 18 months beginning with the day on which the person’s European professional card was issued, and the person may accordingly be removed from the register maintained under article 5 of the 2001 Order.
3
The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional health or social work services by holders of a European professional card” is to the provisions listed in the table in paragraph 20(3), but as if—
a
in the entry for article 13A of the 2001 Order, for “(except paragraph (2)(b))” there were substituted “(except paragraphs (2)(a), (5) and (6))”;
b
in the entry for Schedule 3 to the 2001 Order, there were added the definition of “European professional card”.
4
The definition of “European professional card” in Schedule 3 to the 2001 Order, as it continues to have effect by virtue of sub-paragraph (3)(b), is to be read as if for “as amended from time to time” there were substituted “as it had effect immediately before exit day”.
23
1
A decision within article 38(1A)(d) of the 2001 Order taken before exit day, or a failure within article 38(1A)(e) of that Order arising before exit day, continues to be appealable for the purposes of article 38(1)(b) of that Order (subject to the provisions of that Order) despite the revocation of article 38(1A).
2
In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in article 38(3) of the 2001 Order, to—
a
dismiss the appeal, or
b
allow the appeal and—
i
direct the Council to take such steps as the court or sheriff thinks fit to draw the findings of the court or sheriff to the attention of the European Commission;
ii
direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 21(1) or (3), as a person who held a valid European professional card for establishment as a physiotherapist in the United Kingdom immediately before exit day,
and to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.
IMI alerts24
1
Where an alert has been sent by the Health and Care Professions Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of article 38(1)(b) of the 2001 Order (subject to the provisions of that Order) despite the revocation of article 38(1A)(c).
2
In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in article 38(3) of the 2001 Order, to—
a
dismiss the appeal, or
b
allow the appeal and direct the Council to take such steps as the court or sheriff thinks fit to draw the findings of the court or sheriff to the attention of the European Commission,
and to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.
Interpretation of saved provisions25
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in Schedule 3 to the 2001 Order, in paragraph (1)—
i
there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
ii
in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, a relevant profession by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of a relevant profession, no less favourably than a national of a relevant European State;
iii
in the definition of “General Systems Regulations”, at the end there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;
iv
in the definition of “national”, for “is not” there were substituted “was not, immediately before exit day”;
b
in rule 2 of the Health and Care Professions Council (Registration and Fees) Rules 2003, in the definition of “competent authority”, after “professional qualifications” there were inserted “(as it had effect immediately before exit day)”;
c
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 9Social workers in Scotland
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 2001 Act” means the Regulation of Care (Scotland) Act 2001229.
Regulation of Care (Scotland) Act 2001
2
The 2001 Act is amended as follows.
3
In section 44 (register of social workers and of other social service workers)230—
a
in subsection (1), omit paragraph (aa);
b
in subsection (2), omit paragraph (b);
c
omit subsection (2A).
4
In section 45 (applications for registration under Part 3)231—
a
in subsection (1), omit “, other than for registration in the visiting European part of the register,”;
b
omit subsection (1A).
5
Omit section 46A (visiting social workers from relevant European States)232.
6
In section 46B (qualifications gained outside Scotland)233, omit paragraph (a).
7
In section 47(1) (variation etc. of conditions in relation to registration under Part 3)234, omit “, other than in the visiting European part of the register,”.
8
In section 51 (appeal against decision of Council)235—
a
in subsection (1), omit paragraphs (b) and (c);
b
in subsection (2)(b), omit “or, in the case of an appeal under subsection (1)(c), direct that the alert be withdrawn or amended”.
9
In section 57 (power of Council to make rules)236, omit subsection (2A).
10
In section 77 (interpretation)237—
a
omit the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State” and “visiting social worker from a relevant European state”;
b
in the definition of “social service worker”, omit paragraph (b).
National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 200411
The National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004238, in paragraph 4 of Schedule 1—
a
in sub-paragraph (a), for “34J” substitute “34H”;
b
in sub-paragraph (b), for “within the meaning of” substitute “established under”.
PART 2Savings and transitional provision
Pending applications12
1
This paragraph applies where a relevant application is made, but not finally determined, before exit day.
2
Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the application (including any appeal arising from it), on and after exit day, subject to the modifications specified in paragraph 13—
a
section 46B(a);
b
section 51(1)(b); and
c
in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations” and “relevant European State”.
3
For the purposes of sub-paragraph (1), “relevant application” means an application for—
a
registration in a part of the register maintained under Part 3 of the 2001 Act; or
b
renewal of registration in that register.
4
For the purposes of sub-paragraph (1), an application is finally determined when—
a
it is withdrawn;
b
notice is given that it has been granted; or
c
notice is given that it has been granted subject to conditions, or refused, and either—
i
the time limit for appeal against the decision has expired without an appeal being made; or
ii
an appeal made against the decision under section 51 of the 2001 Act has been finally determined or abandoned.
Visiting social workers: saving of old law for up to one year13
1
This paragraph applies where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a social worker (and section 46A(3) of the 2001 Act accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day.
2
Despite their repeal or amendment by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the provision of those services by that person on and after exit day, as they applied before that day, subject to the modifications specified in paragraph 13—
a
section 44(1)(aa), (2)(b) and (2A);
b
section 45(1) and (1A);
c
section 46A;
d
section 47(1);
e
section 57(2A); and
f
in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State”, “social service worker” and “visiting social worker from a relevant European state”.
3
Sub-paragraph (2) has effect until—
a
in the case of a person who is registered in accordance with section 46A(3) of the 2001 Act, the day on which the person’s name is removed from the register under section 46A(6) of that Act;
b
in any other case, the day on which the person’s entitlement under section 46A(3) of the 2001 Act to be registered ceases by virtue of section 46A(5) of that Act.
Interpretation of saved provisions14
The modifications of the 2001 Act mentioned in paragraphs 11(2) and 12(2) are as follows—
a
section 46A(1) is to have effect as if, in the reference to a relevant European State other than the United Kingdom, “other than the United Kingdom” were omitted;
b
section 77 is to have effect as if—
i
at the appropriate place, there were inserted—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
ii
in the definition of “exempt person”—
aa
for paragraphs (a) to (c), there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking to engage in relevant social work by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;
bb
in the words after paragraph (c), for “is not” there were substituted “was not, immediately before exit day”;
iii
at the end of the definition of “the General Systems Regulations”, there were inserted—
—
- a
in relation to anything done before exit day, as they had effect at that time;
- b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of anything done before exit day;
IMI alerts15
1
This paragraph applies where—
a
before exit day, a person is given notice of a decision made under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to send an alert about the person; and
b
either—
i
the time limit for appeal against the decision under section 51(1)(c) of the 2001 Act expires on or after exit day; or
ii
an appeal against the decision under that section is made, but not finally determined, before exit day.
2
Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the decision on and after exit day—
a
section 51(1)(c); and
b
in section 77, the definition of “the General Systems Regulations”.
3
In disposing of an appeal against the decision on or after exit day, the sheriff has (instead of the powers specified in section 51(2) of the 2001 Act) the power—
a
to confirm the decision; or
b
if the sheriff considers that the alert should be withdrawn or amended, to direct that the Scottish Social Services Council take such steps as the sheriff thinks fit to notify the European Commission of the sheriff’s decision.
SCHEDULE 10Social care workers in Northern Ireland
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 2001 Act” means the Health and Personal Social Services Act (Northern Ireland) 2001.
Health and Personal Social Services Act (Northern Ireland) 2001
2
The 2001 Act is amended as follows.
3
In section 2 (“social care worker” etc.)239, omit subsections (5) to (7).
4
In section 3 (the register)240—
a
in subsections (1) and (2)—
i
at the end of paragraph (a), insert “and”;
ii
omit paragraph (c) (and the “and” before it);
b
omit subsection (2A)(c).
5
Omit section 5A (visiting social workers from relevant European States)241.
6
In section 7 (rules about registration)242, in paragraph (c), omit “under section 5A(6) or”.
7
In section 7A (power to obtain information etc.)243, in subsection (1), omit “, 5A”.
8
In section 8 (registration – enforcement)244, in subsection (1)—
a
omit “or a visiting social worker from a relevant European State”;
b
in paragraph (b) for the words “registered in either of those ways” substitute “so registered”.
9
In section 11 (qualifications gained outside Northern Ireland)245, omit subsection (A1).
10
In section 12 (post registration training)246, omit subsections (2A) to (2D).
11
In section 15 (appeals to the Care Tribunal)247—
a
in subsection (2)(b), omit the words from “or, in” to “amended”;
b
omit subsection (3)(b) and (c).
12
In section 18 (rules)248—
a
in subsection (1), omit “, but subject to subsection (2A)”;
b
in subsection (2)(a), omit “, but subject to subsection (2A)”;
c
omit subsection (2A).
PART 2Savings and transitional provision
Pending applications13
Where an application for registration, or renewal or restoration of registration, in the register kept under the 2001 Act is received before exit day, any provision made by the 2001 Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
Visiting social work professionals: saving of old law for up to one year14
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a social worker (and section 5A(3) of the 2001 Act accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 2001 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting social workers from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting social worker—
a
if the worker is registered as required by section 5A(3) of the 2001 Act, when his or her name is removed under section 5A(6) of that Act;
b
otherwise, when the worker’s entitlement ceases by reason of the operation of section 5A(5) of that Act.
3
The reference in sub-paragraph (1) to “the provisions relating to visiting social work professionals from relevant European states” is to the following provisions of the 2001 Act—
a
section 2(5) to (7);
b
section 3(1), (2) and (2A);
c
section 5A;
d
section 7(c);
e
section 7A(1);
f
section 8(1);
g
section 12(2A) to (2D);
h
section 18(1), (2) and (2A).
IMI alerts15
1
Where an alert has been sent by the Northern Ireland Social Care Council before exit day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be a relevant decision for the purposes of section 15 of the 2001 Act despite the repeal of section 15(3)(c).
2
In disposing of an appeal against such a decision, the powers of the Care Tribunal are, instead of those set out in section 15(2) of the 2001 Act, to—
a
dismiss the appeal, or
b
allow the appeal and direct the Northern Ireland Social Care Council to take such steps as the Tribunal thinks fit to draw the findings of the Tribunal to the attention of the European Commission.
Interpretation of saved provisions16
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in section 2 of the 2001 Act—
i
in subsection (5), at the end there were inserted—
—
a
in relation to anything done before exit day, as they had effect at that time;
b
otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of anything done before exit day;
ii
in subsection (7)—
aa
for paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of chiropractic by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the social work profession, no less favourably than a national of a relevant European State;
bb
in the words after paragraph (c), for “is not” there were substituted “was not, immediately before exit day”;
iii
after subsection (8) there were inserted—
8
“Enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
SCHEDULE 11Social workers in England
PART 1Amendments to legislation
Interpretation1
In this Schedule, “the 2018 Regulations” means the Social Workers Regulations 2018249.
Social Workers Regulations 2018
2
The 2018 Regulations are amended as follows.
3
In regulation 2 (interpretation)—
a
in paragraph (1), omit the definition of “relevant European State”;
b
omit paragraphs (2) and (3).
4
In regulation 8 (the registrar and the register), omit paragraph (8).
5
In regulation 9 (content of the register), omit paragraph (1)(c).
6
In regulation 10 (procedure for registration), omit paragraph (5).
7
In regulation 11 (eligibility for registration)—
a
in paragraph (4), omit “, subject to paragraph (5)”;
b
omit paragraphs (5) and (8).
8
Omit regulation 18 (visiting professionals from relevant European States).
9
In regulation 19 (registration appeals)—
a
in paragraph (1), omit sub-paragraphs (e) and (i);
b
omit paragraphs (9) and (10).
10
In Schedule 1 (recognised qualifications)—
a
in paragraph 1, omit sub-paragraph (b);
b
omit paragraph 2.
PART 2Savings and transitional provision
Pending applications11
Where an application for registration, or renewal or restoration of registration, in the register kept under the 2018 Regulations is received before exit day, any provision made by or under the 2018 Regulations continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.
Visiting social work professionals: saving of old law for up to one year12
1
Where—
a
a person had, immediately before exit day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a social worker (and regulation 18(2) of the 2018 Regulations accordingly applied to the person), and
b
the person continues to have that benefit on or after exit day,
any provision made by or under the 2018 Regulations continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting social work professionals from relevant European states.
2
Sub-paragraph (1) ceases to apply in relation to a visiting social work professional—
a
if the professional is registered as required by regulation 18(2) of the 2018 Regulations, when his or her name is removed under regulation 18(5) of those Regulations;
b
otherwise, when the professional’s entitlement ceases by reason of the operation of regulation 18(5) of those Regulations.
3
The reference in sub-paragraph (1) to “the provisions relating to visiting social work professionals from relevant European states” is to the following provisions of the 2018 Regulations—
a
regulation 2(1), (2) and (3);
b
regulation 9(1)(c);
c
regulation 10(5);
d
regulation 18;
e
regulation 19(1)(i).
Interpretation of saved provisions13
Where a provision continues to apply by virtue of this Part, it is to be read as if—
a
in regulation 2 of the 2018 Regulations—
i
in paragraph (1), there were inserted at the appropriate place—
“enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;
ii
in paragraph (2), for sub-paragraphs (a) to (c) there were substituted—
a
a person who, immediately before exit day, was a national of a relevant European State,
b
a person who, immediately before exit day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the social work profession by virtue of an enforceable EU right, or
c
a person who, immediately before exit day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the social work profession, no less favourably than a national of a relevant European State.
iii
in paragraph (3), for “is not” there were substituted “was not, immediately before exit day”;
b
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted;
c
any reference to the European Union (Recognition of Professional Qualifications) Regulations 2007 or the European Union (Recognition of Professional Qualifications) Regulations 2015 were—
i
in relation to anything done before exit day, to those Regulations as they had effect at that time;
ii
otherwise, to those Regulations as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day.
(This note is not part of the Regulations)