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

PART 1 Amendments to legislation

Interpretation

1.  In this Schedule, “the 1993 Act” means the Osteopaths Act 1993(1).

Osteopaths Act 1993

2.  The 1993 Act is amended as follows.

3.  Omit section 5A (registration of visiting European osteopaths)(2).

4.  In section 6 (supplemental provision about registration)(3)—

(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)(4), in subsection (8), for “, provisionally registered osteopaths or temporarily registered osteopaths” substitute “or provisionally registered osteopaths”.

6.  In section 14 (recognition of qualifications)(5)—

(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)(6), omit subsections (2A) to (2D).

8.  In section 29 (appeals against decisions of the Registrar)(7), omit subsection (1)(ba).

9.  Omit section 29A (appeals against decisions of the General Council)(8).

10.  In section 37 (indemnity arrangements)(9), omit subsection (2).

11.  In section 41 (interpretation)(10)—

(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 1998

12.  In the General Osteopathic Council (Registration) Rules 1998(11)—

(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 2000

13.  In the General Osteopathic Council (Application for Registration and Fees) Rules 2000(12)—

(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 2000

14.  In the General Osteopathic Council (Recognition of Qualifications) Rules 2000(13), in rule 4 (non-UK qualifications), omit paragraph (2).

(1)

1993 c. 21.

(2)

Section 5A was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

(3)

Sections (4A) and (6) were inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2007/3101.

(4)

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

(5)

Relevant amending instrument is S.I. 2011/1043.

(6)

Sections (2A) to (2D) were inserted by S.I. 2007/3101, and amended by S.I. 2008/1774.

(7)

Subsection (1)(ba) was inserted by S.I. 2007/3101.

(8)

Section 29A was inserted by S.I. 2007/3101. Relevant amendments made by Schedule 9 to the Crime and Courts Act 2013 (c. 22). Relevant amending instrument is S.I. 2016/1030.

(9)

Section 37 was substituted by S.I. 2014/1887.

(10)

Relevant amending instruments are S.I. 2007/3101, 2011/1043, 2016/1030.

(11)

As set out in the Schedule to the General Osteopathic Council (Registration) Rules Order of Council 1998 (S.I. 1998/1328). Relevant amending instrument is S.I. 2007/3101.

(12)

As set out in the Schedule to the General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 (S.I. 2000/1038). Relevant amending instrument is S.I. 2004/1947.

(13)

As set out in the Schedule to the General Osteopathic Council (Recognition of Qualifications) Rules Order of Council 2000 (S.I. 2000/1281). Relevant amending instrument is S.I. 2007/3101.