The European Qualifications (Health and Social Care Professions) Regulations 2007

(36Z3) (1) This section applies to an exempt person (“V”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), as a member of one of the dental care professions (“the established profession”). (2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of relevant services in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of relevant services). (3) V is entitled to be registered in the dental care professionals register under the title, or (as the case may be) the titles, specified in regulations under section 36A(2) as applying to the established profession; and the registrar shall give effect to the entitlement. (4) If V— (a) is entitled under subsection (3) to be registered in the dental care professionals register under any particular title, but (b) is not registered in the list mentioned in section 36B(1A)(b) under that title, V shall be treated as registered in that list under that title. (5) V's entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of relevant services in the United Kingdom on a temporary and occasional basis. (6) If— (a) V's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and (b) V's name is registered in the list mentioned in section 36B(1A)(b) under the title, or any one or more of the titles, specified in regulations under section 36A(2) as applying to the established profession, the registrar may erase V's name from registration in that list under the title or titles concerned. (7) Subsection (8) applies if— (a) V's establishment in State A is subject to a condition relating to V's practice of the established profession; (b) V's name is registered in the dental care professionals register under the title, or (as the case may be) the titles, specified in regulations under section 36A(2) as applying to the established profession; and (c) for any of the purposes of this Act it falls to be decided whether V's fitness to practise is or may be impaired on the ground of misconduct. (8) The matters that may be counted as misconduct include (in particular) any act or omission by V during the course of the provision by V of relevant services in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the established profession outside State A, a breach of the condition. (9) In subsections (7) and (8) “condition” includes limitation. (10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the list mentioned in section 36B(1A)(b), of any other provision of this Act under which a registered dental care professional's name may be erased from the dental care professionals register or under which a registered dental care professional's registration in the dental care professionals register may be suspended. (11) In this section “relevant services” means services provided in pursuit of the established profession. (12) For the purposes of this section, each of the following is a dental care profession— (a) the profession pursued by clinical dental technicians; (b) the profession pursued by dental hygienists; (c) the profession pursued by dental nurses; (d) the profession pursued by dental technicians; (e) the profession pursued by dental therapists; (f) the profession pursued by orthodontic therapists. (36Z4) (1) Subsections (1) and (2) of section 36Z1 , so far as relating to a person (“P”)— (a) who is registered in the list mentioned in section 36B(1A)(b) under a title applying to, or to a class of members of, a particular profession (“the established profession”), but (b) who is not registered in the list mentioned in section 36B(1A)(a) under a title applying to, or to a class of members of, the established profession, have effect subject to, respectively, subsections (2) and (3) of this section. (2) Rules made under section 36Z1(1)— (a) may not impose requirements on P in connection with P's pursuit of the established profession if P is required to undertake, in P's home State, professional training and development in relation to the established profession; and (b) where they impose requirements on P in connection with P's pursuit of the established profession— (i) shall take account of the fact that P is fully qualified to pursue the established profession in P's home State, and (ii) shall specify that professional training and development which P is required to undertake by the requirements may be undertaken outside the United Kingdom. (3) The registrar's power under section 36Z1(2) is exercisable in relation to P's registration under a title applying to, or to a class of members of, the established profession only if it also appears to the registrar that, in the circumstances of the case, erasure from registration under that title is an appropriate and proportionate sanction in view of P's continued lawful establishment as a member of the established profession in P's home State. (4) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a member of the established profession.

Amendment of section 38

127

In section 38 (prohibition on practice of dentistry by laymen), in subsection (1) , for “a registered dentist, a registered dental care professional or a visiting EEA practitioner entered in the list of such practitioners” substitute “ a registered dentist or a registered dental care professional ”.

Amendment of section 39

128

In section 39 (prohibition on use of practitioners' titles by laymen), in subsection (1), omit “or a visiting EEA practitioner entered in the list of such practitioners”.

Amendment of section 53

129

In section 53 (interpretation), in subsection (1) —

• (a) before the definition of “the Council” insert—

“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to— 1. receive or issue evidence of qualifications or other information or documents, or 2. receive applications and take the decisions referred to in the Directive, in connection with the practice of dentistry or a profession complementary to dentistry;;

• (b) after the definition of “diploma” insert—

“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 references in this Act to the Directive or to any provision of the Directive are references to the Directive, or to that provision of the Directive, as amended from time to time;

• (c) omit the definitions of “the EEA Agreement” and “EEA State”;

• (d) after the definition of “the Directive” insert—

• “exempt person”, in relation to the profession of dentistry or in relation to a profession complementary to dentistry, means—
• a national of a relevant European State other than the United Kingdom;
• a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable Community right; or
• a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community 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;
• “the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);

• (e) after the definition of “interim order” insert—

“national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;

• (f) after the definition of “the registrar” insert—

“relevant European State” means an EEA State or Switzerland.

; and

• (g) omit the definition of “visiting EEA practitioner entered in the list of such practitioners”.

Amendment of Schedule 2

130

• (1) Schedule 2 (European dental qualifications) is amended as follows.

• (2) For paragraph 1 substitute—

(1) In this Schedule— - “medical qualification” means a diploma, certificate or other evidence of qualifications as a doctor issued by a competent authority in a relevant European State; and - “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.3.2 of the Directive.

• (3) In paragraph 2 —

• (a) for “an EEA State” substitute “ a relevant European State ”; and

• (b) after “of this Act” insert “ , provided that, where the diploma is listed in Annex V, point 5.3.2 of the Directive, it is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”. ”.

• (4) For paragraph 3 substitute—

(3) A diploma listed in Annex V, point 5.3.2 of the Directive granted in a relevant European State before the reference date, or on or after that date where training of which the diploma is evidence was commenced by the holder before that date, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder either— (a) does the following— (i) satisfies the registrar (by means of a certificate of a competent authority of that State or otherwise) that the diploma guarantees that the holder's training satisfies the requirements of article 34 of the Directive (requirements for basic dental training), and (ii) produces to the registrar, where appropriate, the certificate listed in relation to that State in the column of Annex V, point 5.3.2 of the Directive entitled “Certificate accompanying the evidence of qualifications”; or (b) produces to the registrar a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate.

• (5) For paragraph 3A substitute—

(3A) A diploma granted in a relevant European State on or after the reference date which is not evidence of training commenced by the holder before that date, and which is not listed in Annex V, point 5.3.2 of the Directive, is not an appropriate European diploma for the purposes of section 15(1)(b) unless the holder produces to the registrar a certificate issued by a competent authority of the relevant European State certifying that the diploma— (a) is evidence of training which satisfies the requirements of article 34 of the Directive; and (b) is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive.

• (6) In paragraph 4 —

• (a) for “an EEA State before the implementation date” substitute “ a relevant European State before the reference date ”;

• (b) for “a scheduled European diploma” substitute “ listed in Annex V, point 5.3.2 of the Directive ”; and

• (c) for “the said purposes” substitute “ the purposes of section 15(1)(b) ”.

• (7) For paragraphs 5 and 6 substitute—

(5) A medical qualification awarded in Austria, Italy, Romania or Spain to a person who began his medical training on or before the reference date for the State concerned is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where that person produces to the registrar a certificate issued by a competent authority of the State concerned certifying that the person— (a) has— (i) effectively, lawfully and principally practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate, or (ii) successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and (b) is authorised to practise dentistry under the same conditions as holders of a qualification listed in relation to the State concerned in Annex V, point 5.3.2 of the Directive.

• (8) In paragraph 6A —

• (a) in sub-paragraph (1)—

• (i) for “diploma in medicine” substitute “ medical qualification ”,

• (ii) for “on or after 28th January 1980 but not later than 31st December 1984” substitute “ after 28th January 1980 ”,

• (iii) in paragraph (a), for “specialist” substitute “ relevant ”, and

• (iv) in paragraphs (a) and (c), for “listed for Italy in Part II of this Schedule” substitute “ listed in relation to Italy in Annex V, point 5.3.2 of the Directive ”; and

• (b) for sub-paragraph (2) substitute—

(2) A person shall be excepted from satisfying the requirement referred to in sub-paragraph (1)(a) if he satisfies the registrar that he has successfully completed three years of study— (a) which, in the case of a person who began medical training at a university after 31st December 1984, were begun before 31st December 1994; and (b) which are certified by a competent authority in Italy as being equivalent to the training referred to in article 34 of the Directive.

• (9) In paragraph 7(b) , for “the German scheduled European diploma” substitute “ the qualification listed in relation to Germany in Annex V, point 5.3.2 of the Directive ”.

• (10) In paragraph 8 —

• (a) in sub-paragraph (1)(b), for “the state (or former state)” substitute “ the former state ”; and

• (b) in sub-paragraph (2)—

• (i) for paragraphs (a) and (b) substitute—

(a) a certificate of a competent authority of the relevant European State specified in the corresponding entry in column (c) of the table stating that the holder has effectively and lawfully practised dentistry in that State for at least three consecutive years during the five years preceding the date of issue of the certificate; and (b) a certificate from the competent authority of that State stating that that diploma has, on its territory, the same legal validity as regards access to and practice of the dental profession as the qualification listed in relation to that State in Annex V, point 5.3.2 of the Directive.

, and

• (ii) in column (b) of the Table, for “Yugoslavia” substitute “ Former Yugoslavia ”.

• (11) For paragraphs 9 and 10 substitute—

(9) A medical qualification awarded in the Czech Republic or in the former Czechoslovakia which is evidence of medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of a competent authority of the Czech Republic certifying that the holder— (a) has— (i) effectively, lawfully and principally practised dentistry in the Czech Republic for at least three consecutive years during the five years preceding the date of issue of the certificate, or (ii) successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and (b) is authorised to practise dentistry under the same conditions as holders of the qualification listed in relation to the Czech Republic in Annex V, point 5.3.2 of the Directive. (10) A medical qualification awarded in Slovakia or in the former Czechoslovakia which is evidence of medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of a competent authority of Slovakia certifying that the holder— (a) has— (i) effectively, lawfully and principally practised dentistry in Slovakia for at least three consecutive years during the five years preceding the date of issue of the certificate, or (ii) successfully completed three years of study which are equivalent to the training referred to in article 34 of the Directive; and (b) is authorised to practise dentistry under the same conditions as holders of the qualification listed in relation to Slovakia in Annex V, point 5.3.2 of the Directive.

• (12) Omit Part II (scheduled European diplomas) .

Amendment of Schedule 2A

131

In Schedule 2A (registration appeals: dentists register)—

• (a) in paragraph 1, in the definition of “the requisite period”, after “make the decision” insert “ , and in relation to a decision of a kind specified in paragraph 2(1)(aa), means the period of four months beginning with the date when the registrar is first in possession of sufficient information to make the decision ”;

• (b) in paragraph 2(1)—

• (i) for paragraph (a) substitute—

(a) a decision not to register a person's name in the register under subsection (1)(a), (b) or (c) of section 15 (qualification for registration) on the grounds that any of the requirements of that section are not met; (aa) a decision not to register a person's name in the register under subsection (1)(ba) of section 15 on the grounds that any of the requirements of that section are not met; (ab) a decision under Part 3 of the General Systems Regulations to require an exempt person within sub-paragraphs (i) and (ii) of section 15(1)(ba) to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of dentistry in the United Kingdom;

• (ii) in paragraph (j), for “EEA state); and” substitute “ relevant European State); ”, and

• (iii) after paragraph (k) insert—

; and (l) a decision not to register a person's name in the register under Schedule 4 (visiting dentists from relevant European States).

; and

• (c) in paragraph 3(2), for “paragraphs (a), (b)” substitute “ paragraphs (a), (aa), (b) ”.

Substitution of Schedule 4

132

For Schedule 4 substitute—

SCHEDULE 4 (1) This Schedule applies to an exempt person who is lawfully established in dental practice in a relevant European State other than the United Kingdom. (2) In this Schedule— (a) a “visiting practitioner” means an exempt person to whom this Schedule applies; (b) the “home State”, in relation to a visiting practitioner, means the relevant European State in which the practitioner is lawfully established in dental practice; and (c) a reference to the provision of occasional dental services is a reference to the provision of dental services in the United Kingdom on a temporary and occasional basis. (3) (1) A visiting practitioner is entitled to be registered in the register if the practitioner is entitled under paragraph 4 or 7 to provide occasional dental services; and the registrar shall give effect to the entitlement. (2) A visiting practitioner who is entitled under sub-paragraph (1) to be registered in the register, but who is not registered in the register's list of visiting dentists from relevant European States, shall be treated as registered in that list. (3) Sub-paragraph (4) applies where a person's entitlement under sub-paragraph (1) to be registered in the register ceases because, by reason of the operation of paragraph 8(1), (2) or (5), the person ceases to be entitled under this Schedule to provide occasional dental services. (4) If the person's name is registered in the register's list of visiting dentists from relevant European States, the registrar may erase the person's name from that list. (5) Sub-paragraphs (1) to (4) are not to be taken to prejudice the application, in relation to persons registered in the register on the basis of entitlement under sub-paragraph (1), of any other provision of this Act under which a registered dentist's name may be erased from the register or under which a registered dentist's registration in the register may be suspended. (4) A visiting practitioner is entitled to provide occasional dental services if— (a) the practitioner has complied with the requirements of paragraph 5, and (b) where the practitioner's case falls within regulation 3(9)(a) or (e) of the General Systems Regulations, the provision by the practitioner of occasional dental services is in accordance with regulations 14 to 16 of those Regulations (the practitioner having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the practitioner may be required to undertake pursuant to Part 2 of those Regulations), but paragraph 8 contains provision about the duration of entitlement under this paragraph. (5) (1) A visiting practitioner who proposes to provide occasional dental services for the first time must, before providing any such services, send or produce to the registrar the required documents. (2) The required documents are— (a) a written declaration that— (i) states the practitioner's wish to provide occasional dental services, and (ii) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability; (b) if the practitioner is a national of a relevant European State, proof of nationality; (c) if the practitioner is not a national of a relevant European State, proof of the Community right by virtue of which the practitioner is an exempt person; (d) evidence of dental qualifications (see paragraph 6); and (e) a certificate (or certificates) issued by a competent authority in the practitioner's home State confirming— (i) that the practitioner is lawfully established in dental practice in that State, and (ii) that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising dentistry there. (3) A declaration under sub-paragraph (2)(a) may be supplied by any means. (4) In registering a visiting practitioner in the register on the basis of entitlement under this Schedule, the registrar must enter against the practitioner's name in the register details of the qualifications of which the practitioner supplied evidence for the purposes of sub-paragraph (2)(d). (6) (1) Subject to sub-paragraph (4), the evidence referred to in paragraph 5(2)(d) is evidence of the European-recognised qualifications which entitle the visiting practitioner to provide, in the practitioner's home State, the dental services that the practitioner proposes to provide in the United Kingdom on a temporary and occasional basis. (2) For the purposes of this paragraph and subject to sub-paragraph (4), the evidence of qualifications must, if the visiting practitioner proposes to provide any specialist dental services in the United Kingdom on a temporary and occasional basis, include evidence of the European-recognised qualifications which entitle the practitioner to provide, in the practitioner's home State, those specialist dental services. (3) This sub-paragraph applies to a visiting practitioner whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations (with the result that the practitioner is not entitled to provide occasional dental services unless their provision by the practitioner is in accordance with regulations 14 to 16 of those Regulations). (4) If sub-paragraph (3) applies to a visiting practitioner, the evidence referred to in paragraph 5(2)(d) of the practitioner's dental qualifications is evidence of the qualifications which entitle the practitioner to practise dentistry in his home State. (5) In this paragraph, “European-recognised qualifications” means qualifications which relevant European States are required by the Directive to recognise. (7) (1) Sub-paragraph (2) applies where the registrar receives the required renewal documents from a visiting practitioner who is entitled under this Schedule to provide occasional dental services. (2) The visiting practitioner is entitled to continue to provide occasional dental services, but paragraph 8 contains provision about the duration of entitlement continued under this sub-paragraph. (3) Sub-paragraph (4) applies where the registrar receives the required renewal documents from a visiting practitioner— (a) who is not entitled under this Schedule to provide occasional dental services; (b) who has been previously entitled under this Schedule to provide occasional dental services; and (c) whose registration in the list of visiting dentists from relevant European States is not suspended. (4) The visiting practitioner is once again entitled to provide occasional dental services but, in a case where the practitioner's name is not in the list of visiting dentists from relevant European States as a result of erasure otherwise than under paragraph 3(4), only if the registrar decides, after having regard (in particular) to the fact of that erasure and the reasons for it, that the entitlement should be renewed. Paragraph 8 contains provision about the duration of entitlement under this sub-paragraph. (5) In relation to a visiting practitioner “the required renewal documents” are— (a) a renewal declaration; and (b) each evidence of change document (if any). (6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that— (a) states the practitioner's wish to provide occasional dental services in a further year; and (b) contains details of the insurance cover, or other means of personal or collective protection, that the practitioner has with regard to professional liability. (7) Where a document— (a) is, in relation to a visiting practitioner, one of the required documents for the purposes of paragraph 5, (b) is not a declaration under paragraph 5(2)(a), and (c) substantiates a matter as respects which there has been a material change since the practitioner last (whether under paragraph 5 or this paragraph) supplied the then-current version of the document to the registrar, the version of the document current when under this paragraph the practitioner supplies a renewal declaration to the registrar is an “evidence of change document” for the purposes of sub-paragraph (5)(b). (8) A renewal declaration supplied under this paragraph may be supplied by any means. (8) (1) Unless an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement ceases at the end of the year that begins with the end of the day on which the registrar received the documents whose receipt gave rise to the entitlement. (2) Where an entitlement under paragraph 4 or 7(4) is continued (or further continued) by paragraph 7(2), the entitlement is extended so as to cease at the end of the year that begins with the end of the relevant day. (3) For the purposes of sub-paragraph (2)— (a) if the day on which the registrar receives the documents whose receipt gives rise to the continuation (or further continuation) is an anniversary of the start day, “the relevant day” means the day on which the registrar receives those documents; (b) otherwise, “the relevant day” means the anniversary of the start day that is the first such anniversary to occur after the registrar receives the documents whose receipt gives rise to the continuation (or further continuation). (4) In sub-paragraph (3) “the start day”, in relation to an entitlement under paragraph 4 or 7(4), means the day on which the registrar receives the documents whose receipt gives rise to the entitlement. (5) An entitlement under this Schedule to provide occasional dental services ceases if— (a) the visiting practitioner concerned becomes established in dental practice in the United Kingdom; or (b) a disqualifying decision is made against the visiting practitioner concerned. (6) In sub-paragraph (5) “disqualifying decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner's home State that has the effect that the practitioner— (a) ceases in that State to be registered or otherwise officially recognised as a dental practitioner; or (b) is prohibited (whether on a permanent or temporary basis) from practising dentistry in that State. (7) If in the case of a visiting practitioner— (a) the practitioner's registration in the list of visiting dentists from relevant European States is suspended or the practitioner's name is erased from that list, and (b) immediately before the time when the suspension or (as the case may be) erasure takes effect, the practitioner is entitled under this Schedule to provide occasional dental services, that entitlement ceases at that time. (9) (1) Paragraph (2) applies if— (a) the establishment of a visiting practitioner in the practitioner's home State is subject to a condition relating to the practitioner's dental practice; (b) the practitioner's name is registered in the register; and (c) for any of the purposes of this Act it falls to be decided whether the practitioner's fitness to practise is or may be impaired on the ground of misconduct. (2) The matters that may be counted as misconduct include (in particular) any act or omission by the visiting practitioner during the course of the provision by the practitioner of occasional dental services that is, or would be if the condition applied in relation to dental practice outside the practitioner's home State, a breach of the condition. (3) In paragraphs (1) and (2) “condition” includes limitation.

Insertion of Schedule 4ZA

133

After Schedule 4 insert—

SCHEDULE 4ZA

Provision of Directive	Function of Council	Function of Council
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established as dentists in the United Kingdom.	Issuing certificates containing attestations in relation to persons established as dentists in the United Kingdom.
Article 8(1)	Receiving information from, or providing information to, other competent authorities in relation to—	Receiving information from, or providing information to, other competent authorities in relation to—
	(a)	the legality of a person's establishment as a dentist;
	(b)	the good conduct of such a person;
	(c)	the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing dental services.	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing dental services.
Article 23(1)	Issuing certificates of effective and lawful practice in the United Kingdom to dentists.	Issuing certificates of effective and lawful practice in the United Kingdom to dentists.
Article 23(6)	Issuing certificates stating that UK dental qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.2 of Annex V to the Directive, certify successful completion of basic dental training that is in accordance with article 34 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 34 of the Directive.	Issuing certificates stating that UK dental qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.2 of Annex V to the Directive, certify successful completion of basic dental training that is in accordance with article 34 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 34 of the Directive.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of the practice of dentistry, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.	Issuing, in respect of the practice of dentistry, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that evidence of UK dental qualifications is that covered by the Directive.	Issuing certificates stating that evidence of UK dental qualifications is that covered by the Directive.
Article 50(2)	In cases of justified doubts—	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK dental qualifications;
	(b)	requiring confirmation that holders of non-UK dental qualifications satisfy the minimum training conditions set out in article 34 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions;
	(c)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person's UK dental qualifications;
	(d)	providing confirmation that holders of UK dental qualifications satisfy the minimum training conditions set out in article 34 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts—	In cases of justified doubts—
	(a)	verifying information provided in connection with non-UK dental qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
	(b)	providing information in connection with a person's UK dental qualifications awarded following training in another relevant European State.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of dentistry.	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of dentistry.
	Where such information is received by the Council—	Where such information is received by the Council—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the Council's conclusions.

Amendment of Schedule 4A

134

In Schedule 4A (registration appeals: dental care professionals register), in paragraph 2(1)—

• (a) after paragraph (a) insert—

(aa) a decision under Part 3 of the General Systems Regulations to require an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to practise in the United Kingdom as a member of one of the professions mentioned in section 36C(3)(b);

; and

• (b) after paragraph (h) insert—

; and (i) a decision not to register a person's name under a particular title in the dental care professionals register under section 36Z3 (visiting dental care professionals from relevant European States).

PART 8 — DENTISTS: THE EUROPEAN PRIMARY AND SPECIALIST DENTAL QUALIFICATIONS REGULATIONS 1998

Amendment of the European Primary and Specialist Dental Qualifications Regulations 1998

135

The European Primary and Specialist Dental Qualifications Regulations 1998 are amended in accordance with this Part.

Amendment of regulation 2

136

• (1) Regulation 2 (interpretation) is amended as follows.

• (2) In paragraph (1)—

• (a) after the definition of “CCST” insert—

“competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to— 1. receive or issue evidence of qualifications or other information or documents, or 2. receive applications and take the decisions referred to in the Directive, in connection with practice as a specialist dentist in orthodontics or oral surgery;;

• (b) for the definition of “the Dental Training 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 , and references in these Regulations to any provision of the Directive are references to that provision of the Directive as amended from time to time;

• (c) omit the definition of “EEA”;

• (d) omit the definition of “EEA Agreement”;

• (e) omit the definition of “EEA State”;

• (f) for the definition of “exempt person” substitute—

“exempt person” means— 1. a national of a relevant European State other than the United Kingdom; 2. a national of the United Kingdom who is seeking access to, or is pursuing, the profession of dentistry by virtue of an enforceable Community right; or 3. a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community 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;

• (g) after the definition of “GDC” insert—

“General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 ;

• (h) in the definition of “national”, for “an EEA State” substitute “ a relevant European State ”;

• (i) omit the definition of “the Recognition Directive”; and

• (j) after the definition of “registration number” add—

“relevant European State” means an EEA State or Switzerland.

• (3) Omit paragraph (3).

Amendment of regulation 3

137

In regulation 3 (power of direction), in paragraph (1)(a) and (b), for “the EEA” substitute “ a relevant European State ”.

Substitution of regulation 4

138

For regulation 4 substitute—

(4) (1) The GDC is designated as the competent authority in the United Kingdom for the purposes of the Directive relating to practice as a specialist dentist in orthodontics or oral surgery, including the awarding of CCSTs in orthodontics and oral surgery. (2) Accordingly, the GDC shall in the United Kingdom carry out (in particular) the functions specified in Schedule A1. (3) In Schedule A1, “non-UK specialist qualification” means a qualification as a specialist dentist in orthodontics or oral surgery that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom.

Amendment of regulation 7

139

In regulation 7 (minimum requirements of specialist dental training), for paragraphs (1) to (3) substitute—

(1) The GDC shall not approve specialist dental training intended to lead to the award of a CCST unless that training meets the conditions specified in article 35 of the Directive (specialist dental training), or under article 22(a) of the Directive (part-time training) is to be treated as meeting those conditions. (2) The GDC may withdraw any such approval if it is satisfied that the training no longer meets, or under article 22(a) of the Directive can no longer be treated as meeting, the conditions specified in article 35 of the Directive.

Amendment of regulation 8

140

In regulation 8 (distinctive titles and specialist lists), for paragraph (2) substitute—

(2) Where this paragraph applies, the GDC shall secure that the regulations mentioned in paragraph (1) provide that a registered dentist is entitled to use the title prescribed for a specialty and (if appropriate) to have his name entered in the list for that specialty only if (subject to paragraph (2A)) he pays any fee determined by the GDC on application for entry in the appropriate list, and— (a) he holds a CCST awarded by the GDC under regulation 6 in the specialty in question; (b) he is an eligible specialist as specified in regulation 9; (c) he is an exempt person— (i) whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations, (ii) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and (iii) who is permitted to practise orthodontics or oral surgery in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); (d) he is an existing specialist as specified in regulation 12; or (e) he is an exempt person— (i) who is registered in the list of visiting dentists from relevant European States mentioned in section 14(1A)(c) of the Act, and (ii) who is providing services in the United Kingdom as a specialist dentist in orthodontics or oral surgery on a temporary and occasional basis, in exercise of entitlement under Schedule 4 (visiting dentists from relevant European States) to the Act. (2A) No application shall be required, and no fee shall be payable, in respect of entry in a specialist list pursuant to paragraph (2)(e). (2B) If a person whose name is included in a specialist list pursuant to paragraph (2)(e) ceases to satisfy either of the conditions specified in paragraph (2)(e), the registrar may remove that person's name from that specialist list.

Amendment of regulation 9

141

In regulation 9 (eligible specialists)—

• (a) for paragraph (1) substitute—

(1) A person is an eligible specialist for the purposes of regulation 8(2)(b) if— (a) he is an exempt person; and (b) he holds a recognised specialist dental qualification (as specified in regulation 10).

• (b) in paragraphs (2) and (4), for “regulation 8(2)” substitute “ regulation 8(2)(b) ”;

• (c) in paragraph (2), for “A person” substitute “ Subject to paragraph (2A), a person ”;

• (d) after paragraph (2) insert—

(2A) If a person falling within paragraph (2) is an exempt person and he holds a specialist dental qualification in orthodontics or oral surgery which— (a) was granted otherwise than in a relevant European State, and (b) has not previously been accepted by a relevant European State as qualifying him to practise as a specialist dentist in orthodontics or oral surgery (as the case may be) in that State, he is not an eligible specialist unless his specialist dental qualification is evidence of specialist dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 35 of the Directive (specialist dental training).

• (e) in paragraph (3), for sub-paragraph (b) substitute—

(b) where the person has a specialist qualification in orthodontics or (as the case may be) oral surgery which— (i) was granted otherwise than in a relevant European State, but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a specialist dentist in that State, that acceptance.

• (f) in paragraph (4), for sub-paragraph (a) substitute—

(a) if his specialist qualification in oral and maxillo-facial surgery was awarded in a relevant European State other than the United Kingdom, he satisfies the GDC that his training in oral and maxillo-facial surgery included elements which taken together satisfy, or under article 22(a) of the Directive (part-time training) are to be treated as satisfying, the requirements of article 35 of the Directive (specialist dental training); and

; and

• (g) omit paragraphs (5), (6) and (7).

Insertion of regulation 9A

142

After regulation 9 insert—

(9A) (1) An exempt person (“A”) applying to have his name entered in the list for the specialty of orthodontics or oral surgery shall produce or send to the GDC a certificate as mentioned in paragraph (2), if— (a) he is applying to be considered as an eligible specialist by virtue of regulation 9(1); (b) he holds a qualification listed in Annex V, point 5.3.3 of the Directive (evidence of formal qualifications of specialised dentists); and (c) he has successfully completed specialist dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 35 of the Directive (specialist dental training). (2) The certificate— (a) must be a certificate issued by a competent authority in the relevant European State in which A obtained his specialist dental qualification, or (if different) the relevant European State from which A comes to the United Kingdom; and (b) must certify that his specialist dental qualification is a qualification listed in relation to that State in Annex V, point 5.3.3 of the Directive. (3) Paragraphs (4), (5) and (6) apply where an exempt person (“S”) makes an application for the entry of his name in a specialist list pursuant to regulation 8(2)(b) or (c). (4) The GDC, within the period of one month beginning with the date of receipt of the application, must— (a) acknowledge receipt of the application; and (b) inform S of any missing document required for the purposes of the application. (5) The GDC must, within the specified period, give S notice— (a) of the result of the application; (b) if it refuses the application, of the reasons for that refusal and any right of appeal S has under regulation 14(1)(b) or (ba). (6) Failure to notify S of the result of the application within the specified period shall be treated as a decision from which S may appeal under regulation 14(1)(b) or (ba). (7) In this regulation “the specified period” means— (a) in the case of an application pursuant to regulation 8(2)(b), the period of three months beginning with the relevant date; (b) in the case of an application pursuant to regulation 8(2)(c), the period of four months beginning with the relevant date. (8) The “relevant date”, in relation to an application, is— (a) the date when the GDC receives the application; or (b) if any document required for the purposes of the application is missing when the GDC receives the application, the date on which the GDC first has all the documents required for those purposes.

Amendment of regulation 10

143

• (1) Regulation 10 (recognised specialist dental qualifications) is amended as follows.

• (2) In paragraph (1)—

• (a) for sub-paragraphs (a) to (d) substitute—

(a) a qualification which— (i) is listed in Annex V, point 5.3.3 of the Directive (evidence of formal qualifications in orthodontics and oral surgery), (ii) was awarded in a relevant European State other than the United Kingdom on or after the reference date, and (iii) is not evidence of training commenced by the holder before that date; (aa) a qualification which— (i) is listed in Annex V, point 5.3.3 of the Directive, (ii) was awarded in a relevant European State other than the United Kingdom, and (iii) is evidence of training commenced by the holder before the reference date, provided that the holder of the qualification satisfies the GDC (by means of a certificate of a competent authority of the relevant European State in which the qualification was awarded or otherwise) that the qualification satisfies the requirements of article 35 of the Directive (specialist dental training); (b) a qualification in orthodontics or (as the case may be) oral surgery which— (i) was awarded in a relevant European State other than the United Kingdom, (ii) does not satisfy the requirements of article 35 of the Directive, and (iii) is evidence of training commenced by the holder before the reference date, provided that the qualification is accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in the practice of his specialty in that State for at least three consecutive years during the five years preceding the date of issue of the certificate; (c) a qualification in orthodontics or (as the case may be) oral surgery which— (i) does not correspond to the titles listed in Annex V, point 5.3.3 of the Directive, and (ii) was awarded at any time in a relevant European State other than the United Kingdom, provided that the qualification is accompanied by a certificate of a competent authority of that State to the effect that the qualification is evidence of training which satisfies the requirements of article 35 of the Directive and is treated by that State as if it were a qualification listed in respect of the relevant specialty in relation to that State in Annex V, point 5.3.3 of the Directive; (d) subject to compliance with paragraph (2), a qualification in orthodontics or (as the case may be) oral surgery which is evidence of training commenced by the holder before 3rd October 1990 on the territory of the former German Democratic Republic, and which does not satisfy the requirements of article 35 of the Directive;

; and

• (b) in sub-paragraph (e)—

• (i) in paragraph (ii)(aa)—

• (aa) for “the competent authorities of the EEA State” substitute “ a competent authority of the relevant European State ”, and

• (bb) for “Schedule 1 to this Order” substitute “ Annex V, point 5.3.3 of the Directive ”,

• (ii) in paragraph (ii)(bb), for “the competent authorities” substitute “ a competent authority ”, and

• (iii) in column (a) of the Table, for “Yugoslavia” substitute “ Former Yugoslavia ”.

• (3) For paragraphs (2) and (3) substitute—

(2) This paragraph is complied with where— (a) the qualification referred to in paragraph (1)(d) is accompanied by a certificate of a competent authority in Germany that the holder of the qualification has effectively and lawfully been engaged in the practice of his specialty in Germany for at least three consecutive years during the five years preceding the date of that certificate; and (b) the holder of the qualification is authorised to practise his specialty throughout the territory of Germany under the same conditions as holders of the German qualification listed in respect of that specialty in Annex V, point 5.3.3 of the Directive. (3) In paragraph (1) “reference date”, in relation to the practice of orthodontics or oral surgery in a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in the table relating to that specialty in Annex V, point 5.3.3 of the Directive.

Amendment of regulation 13

144

In regulation 13 (other specialties), in paragraph (2)(a), for “outside the EEA has been accepted by another EEA State” substitute “ otherwise than in a relevant European State has been accepted by a relevant European State, other than the United Kingdom, ”.

Amendment of regulation 14

145

In regulation 14 (appeals)—

• (a) for the heading substitute “ Appeal panels ”; and

• (b) in paragraph (1)—

• (i) for sub-paragraph (b) substitute—

(b) a person whose application for entry in a specialist list pursuant to regulation 8(2)(b) is refused by the GDC; (ba) a person whose application for entry in a specialist list pursuant to regulation 8(2)(c) is refused by the GDC; (bb) a person within paragraphs (i) and (ii) of regulation 8(2)(c) whom the GDC requires to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of Part 3 of the General Systems Regulations to practise as a specialist in orthodontics or oral surgery in the United Kingdom; (bc) a person in respect of whom the GDC refuses entry in a specialist list pursuant to regulation 8(2)(e); and

, and

• (ii) in the tailpiece, for “whether or not the appellant should be awarded a CCST or should so satisfy the GDC (as the case may be)” substitute “ that appeal ”.

Insertion of regulation 14A

146

After regulation 14 insert—

(14A) (1) Where— (a) an appeal panel determines an appeal under regulation 14, and (b) the result of the appeal is unfavourable to the person concerned, the person concerned may appeal against the determination to the relevant court. (2) On an appeal under this regulation, the relevant court may— (a) dismiss the appeal, (b) allow the appeal and quash the determination appealed against, (c) substitute for the determination appealed against any other determination which could have been made by an appeal panel, or (d) remit the case to an appeal panel to dispose of in accordance with the directions of the relevant court, and may make such order as to costs (or, in Scotland, expenses) as the relevant court thinks fit. (3) In this paragraph “the relevant court” means— (a) where the person concerned is entered in a specialist list, and his address in that list is in Scotland, the sheriff in whose sheriffdom that address is situated; (b) where the person concerned is not entered in a specialist list, but his address would (if he were to be entered) be in Scotland, the sheriff in whose sheriffdom that address is situated; and (c) in any other case, the county court.

Repeal of regulations 16, 17, 18 and 21

147

Regulations 16 (the competent authorities), 17 (fees), 18 (minimum requirements of primary dental training) and 21 (minor amendments to the Act) are repealed.

Insertion of Schedule A1

148

Before Schedule 1 insert—

SCHEDULE A1

Provision of Directive	Function of GDC	Function of GDC
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as specialist dentists in orthodontics or oral surgery.	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as specialist dentists in orthodontics or oral surgery.
Article 8(1)	Receiving information from, or providing information to, other competent authorities in relation to—	Receiving information from, or providing information to, other competent authorities in relation to—
	(a)	the legality of a person's establishment as a specialist dentist in orthodontics or oral surgery;
	(b)	the good conduct of such a person;
	(c)	the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing specialist dental services in orthodontics or oral surgery.	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing specialist dental services in orthodontics or oral surgery.
Article 23(1)	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, certificates of effective and lawful practice in the United Kingdom.	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, certificates of effective and lawful practice in the United Kingdom.
Article 23(6)	Issuing certificates stating that specialist dental qualifications in orthodontics or oral surgery issued in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.3 of Annex V to the Directive, certify successful completion of specialist dental training that is in accordance with article 35 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 35 of the Directive.	Issuing certificates stating that specialist dental qualifications in orthodontics or oral surgery issued in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.3.3 of Annex V to the Directive, certify successful completion of specialist dental training that is in accordance with article 35 of the Directive or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 35 of the Directive.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.	Issuing, in respect of practice as a specialist dentist in orthodontics or oral surgery, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that a person's CCST in orthodontics or oral surgery is a qualification covered by the Directive.	Issuing certificates stating that a person's CCST in orthodontics or oral surgery is a qualification covered by the Directive.
Article 50(2)	In cases of justified doubts—	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK specialist qualifications;
	(b)	requiring confirmation that holders of non-UK specialist qualifications satisfy the minimum training conditions set out in article 35 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions;
	(c)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person's CCST in orthodontics or oral surgery;
	(d)	providing confirmation that holders of a CCST in orthodontics or oral surgery satisfy the minimum training conditions set out in article 35 of the Directive or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts—	In cases of justified doubts—
	(a)	verifying information provided in connection with non-UK specialist qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
	(b)	providing information in connection with a person's CCST in orthodontics or oral surgery awarded following training in a relevant European State other than the United Kingdom.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a specialist dentist in orthodontics or oral surgery.	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a specialist dentist in orthodontics or oral surgery.
	Where such information is received by the GDC—	Where such information is received by the GDC—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the GDC's conclusions.

Repeal of Schedule 1

149

Schedule 1 (specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery) is repealed.

Repeal of Schedule 2

150

Schedule 2 (minimum training requirements for training leading to the award of primary dental qualifications in the United Kingdom) is repealed.

PART 9 — DENTISTS: OTHER LEGISLATION

Amendment of the Medicines Act 1968

151

In the Medicines Act 1968 , in section 132 (general interpretation provisions), in subsection (1), in the definition of “dentist” omit the words “or entered in the list of visiting EEA practitioners under Schedule 4 to that Act”.

Amendment of the Misuse of Drugs Act 1971

152

In the Misuse of Drugs Act 1971 , in section 37 (interpretation), in subsection (1), in the definition of “dentist” omit the words “or entered in the list of visiting EEA practitioners under Schedule 4 to that Act”.

Amendment of the Poisons Act 1972

153

In the Poisons Act 1972 , in section 11 (interpretation), in subsection (2), in the definition of “dentist” omit the words “or a person entered in the list of visiting EEA practitioners under Schedule 4 to that Act”.

Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004

154

In the Medicines for Human Use (Clinical Trials) Regulations 2004 , in regulation 2 (interpretation), in paragraph (1), in the definition of “dentist” omit the words “or entered in the list of visiting EEC practitioners under Schedule 4 to that Act”.

PART 10 — NURSES AND MIDWIVES: NURSING AND MIDWIFERY ORDER 2001

Amendment of Nursing and Midwifery Order 2001

155

The Nursing and Midwifery Order 2001 is amended in accordance with this Part.

Amendment of article 6

156

In article 6 (register), in paragraph (3), after sub-paragraph (a) insert—

(aa) the register to include an annotation denoting that a registrant is a visiting nurse or midwife from a relevant European State;

Amendment of article 7

157

In article 7 (the register: supplemental provisions), after paragraph (3) add—

(4) Rules under this article shall not provide for fees to be charged in respect of a person's registration in exercise of entitlement under article 39A or Schedule 2A (visiting nurses and midwives from relevant European States).

Amendment of article 8

158

In article 8 (access to register etc), in paragraph (5)—

• (a) for “EEA State” substitute “ relevant European State ”; and

• (b) for “the relevant Directive” substitute “ the relevant provisions of the Directive ”.

Amendment of article 9

159

In article 9 (registration)—

• (a) in paragraph (1), for “A person” substitute “ Subject to paragraph (7), a person ”;

• (b) after paragraph (3) insert—

(3A) Where an exempt person makes an application under paragraph (1), the Registrar, within the period of one month beginning with the date of receipt of the application, must— (a) acknowledge receipt of the application; and (b) inform the applicant of any missing document required for the purposes of the application.

• (c) for paragraphs (4) and (5) substitute—

(4) Where a person makes an application under paragraph (1), the Registrar must, as soon as reasonably practicable and in any event within the specified period, notify the applicant in writing— (a) of the result of the application; and (b) if the Registrar refuses the application, of the reasons for the decision, and of the applicant's right of appeal. (5) In paragraphs (4) and (6) “the specified period”— (a) except in a case specified in sub-paragraph (b), means the period of three months beginning with the relevant date; (b) in the case of an application by a person seeking registration in the register on the basis that he is to be regarded as having an approved qualification by virtue of falling within article 13(1)(e) or (f), means the period of four months beginning with the relevant date. (5A) The “relevant date”, in relation to an application, is— (a) the date when the Registrar receives the application; or (b) if any document required for the purposes of the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes.

• (d) in paragraph (6), for “the time specified in paragraph (4)” substitute “ the specified period ”; and

• (e) after paragraph (6) add—

(7) This article does not apply to a person who seeks registration in exercise of entitlement under article 39A or Schedule 2A (visiting nurses and midwives from relevant European States).

Amendment of article 10

160

In article 10 (renewal of registration and readmission)—

• (a) in paragraph (1), for “Where a person” substitute “ Subject to paragraph (6), where a person ”; and

• (b) after paragraph (5) add—

(6) This article does not apply to a visiting nurse or midwife from a relevant European State.

Omission of article 11

161

Article 11 (deemed registration of visiting EEA nurses and midwives) is omitted.

Amendment of article 13

162

In article 13 (approved qualifications)—

• (a) in paragraph (1), for sub-paragraphs (b) and (c) substitute—

(b) he is an exempt person who has a qualification of the kind mentioned in article 14; (c) subject to paragraph (1A), he is an exempt person (other than a person to whom sub-paragraph (b), (e) or (f) applies) who has a qualification awarded outside the United Kingdom, and either— (i) the Council is satisfied that his qualification attests to a standard of proficiency comparable to that attested to by a qualification referred to in sub-paragraph (a), or (ii) the Council is not so satisfied, but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require him to take, that he has the requisite standard of proficiency for admission to the part of the register in respect of which he is applying; (d) he is not an exempt person and he has, elsewhere than in the United Kingdom, undergone training in nursing or midwifery, and either— (i) the Council is satisfied that his qualification attests to a standard of proficiency comparable to that attested to by a qualification referred to in sub-paragraph (a), or (ii) the Council is not so satisfied, but the applicant has undergone in the United Kingdom or elsewhere such additional training or experience as satisfies the Council, following any test of competence as it may require him to take, that he has the requisite standard of proficiency for admission to the part of the register in respect of which he is applying, and, in either case, he satisfies prescribed requirements as to knowledge of English; (e) he is an exempt person— (i) whose case falls within regulation 3(9)(a), (c), (d) or (e) of the General Systems Regulations, (ii) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and (iii) who is permitted to pursue the profession of nursing or midwifery in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); or (f) he is an exempt person (other than a person to whom sub-paragraph (e) applies) who is permitted to practise as a nurse in the United Kingdom by virtue of Part 3 of the General Systems Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to complete pursuant to that Part of those Regulations).

; and

• (b) after paragraph (1) insert—

(1A) In the case of an exempt person to whom paragraph (1)(c) applies, who holds a qualification in nursing or midwifery which was granted otherwise than in a relevant European State, and has not previously been accepted by a relevant European State as qualifying him to practise as a nurse or midwife in that State, that qualification shall not be regarded as an approved qualification unless the qualification— (a) is evidence of nursing training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 31 of the Directive (training of nurses responsible for general care), or (b) is evidence of training in midwifery that meets, or under article 22(a) of the Directive is to be treated as meeting, the requirements of article 40 of the Directive (training of midwives), as the case may be. (1B) In considering whether an exempt person to whom paragraph (1)(c) applies is to be regarded as having an approved qualification, the Council shall take into account— (a) if the person holds a qualification in nursing or midwifery which— (i) was granted otherwise than in a relevant European State, but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a nurse or midwife in that State (as the case may be), the acceptance of that qualification; and (b) all other qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of the application.

Amendment of article 14

163

In article 14 (EEA qualifications)—

• (a) in paragraph (1)—

• (i) for “outside the United Kingdom” substitute “ in a relevant European State other than the United Kingdom ”, and

• (ii) for “an EC Directive” substitute “ the Directive ”;

• (b) in paragraph (2)(a)—

• (i) for “a Directive issued by the Council of the European Communities” substitute “ the relevant provisions of the Directive ”, and

• (ii) for “circumstances; and” substitute “ circumstances. ”; and

• (c) omit paragraphs (2)(b) and (3).

Amendment of article 15

164

In article 15 (education and training), in paragraph (2), for “provided for in the Second Nursing and Second Midwifery Directives” substitute “ of article 31 (training of nurses responsible for general care) and article 40 (training of midwives) of the Directive ”.

Amendment of article 19

165

In article 19 (post-registration training), after paragraph (2) insert—

(2A) Paragraphs (1) and (2), so far as relating to a person (“P”) who is is a registrant only as a result of being a visiting nurse or midwife from a relevant European State, have effect subject to, respectively, paragraphs (2B) and (2C). (2B) Rules made under paragraph (1)— (a) may not impose requirements on P if P is required to undertake, in P's home State, continuing professional development in relation to the profession of nursing or midwifery (as the case may be); and (b) where they impose requirements on P— (i) shall take account of the fact that P is fully qualified to pursue that profession in P's home State, and (ii) shall specify that continuing professional development which P is required to undertake by the requirements may be undertaken outside the United Kingdom. (2C) Where rules make provision such as is mentioned in paragraph (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P's continued lawful establishment in P's home State as a nurse or midwife (as the case may be). (2D) In paragraphs (2B) and (2C) “home State”, in relation to P, means the relevant European State in which P is lawfully established as a nurse or midwife (as the case may be).

Amendment of article 37

166

In article 37 (appeals against Registrar's decisions), in paragraph (1), after sub-paragraph (a) insert—

(aa) refuses to register a person under article 39A (visiting general systems nurses from relevant European States) or Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States);

Amendment of article 38

167

In article 38 (appeals)—

• (a) in paragraph (1)(b), for “any decision of the Council under article 37” substitute “ a decision of the Council mentioned in paragraph (1A) ”;

• (b) after paragraph (1) insert—

(1A) The decisions referred to in paragraph (1)(b) are— (a) any decision of the Council under article 37; (b) a decision of the Council under Part 3 of the General Systems Regulations requiring an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to have access to, and to pursue, the profession of nurse or midwife in the United Kingdom.

; and

• (c) in paragraph (4)(c), omit the words “in the case of a visiting EEA nurse or midwife or”.

Substitution of article 39

168

For article 39 substitute—

(39) Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States) shall have effect.

Insertion of article 39A

169

After article 39 insert—

(39A) (1) This article applies to an exempt person (“V”)— (a) who is lawfully established as a nurse in a relevant European State other than the United Kingdom (“State A”); and (b) who seeks to provide, or is providing, nursing services in the United Kingdom of a kind which are provided, in the United Kingdom, by nurses admitted to— (i) sub-part 1 of the nurses' part of the register whose field of practice is mental health nursing, learning disabilities nursing or children's nursing, or (ii) sub-part 2 of the nurses' part of the register. (2) Paragraph (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of nursing services in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of nursing services). (3) V is entitled to be registered in the appropriate part of the register; and the Registrar shall give effect to the entitlement. (4) If V is entitled under paragraph (3) to be registered, but is not registered in the appropriate part of the register, V shall be treated as being registered in that part. (5) V's entitlement under paragraph (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of nursing services in the United Kingdom on a temporary and occasional basis. (6) If— (a) V's entitlement under paragraph (3) ceases by reason of the operation of paragraph (5), and (b) V is registered, the Registrar may remove V's name from the register. (7) Paragraph (8) applies if— (a) V's establishment in State A is subject to a condition relating to V's practice as a nurse, (b) V's name is registered in the appropriate part of the register, and (c) for any of the purposes of this Order it falls to be decided whether V's fitness to practise is or may be impaired on the ground of misconduct. (8) The matters that may be counted as misconduct include (in particular) any act or omission by V during the course of the provision by V of nursing services in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice as a nurse outside State A, a breach of the condition. (9) In paragraphs (7) and (8) “condition” includes limitation. (10) Paragraphs (1) to (6) are not to be taken to prejudice the application, in relation to registrants, of any other provision of this Order under which a registered nurse's name may be removed from the register or under which a registered nurse's registration may be suspended.

Substitution of article 40

170

For article 40 substitute—

(40) (1) The Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the professions of nurse responsible for general care and midwife. (2) Accordingly, the Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 3. (3) The Council is designated as the competent authority in the United Kingdom for the award of— (a) evidence of formal qualifications of nurses responsible for general care listed in relation to the United Kingdom in Annex V, point 5.2.2 of the Directive; and (b) evidence of formal qualifications of midwives listed in relation to the United Kingdom in Annex V, point 5.5.2 of the Directive. (4) Subject to paragraph (5), the Secretary of State may give directions to the Council in connection with its functions specified in Schedule 3, and it shall be the duty of the Council to comply with any such directions. (5) Directions given under paragraph (4) may be as to matters of administration only. (6) In Schedule 3— - “non-UK nursing qualification” means a nursing qualification that— 1. attests to satisfaction of the training conditions specified in article 31 of the Directive (training of nurses responsible for general care), and 2. is awarded to a person by a competent authority of a relevant European State other than the United Kingdom; - “non-UK midwifery qualification” means a midwifery qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom; - “UK nursing qualification” means a nursing qualification that— 1. attests to satisfaction of the training conditions specified in article 31 of the Directive, and 2. is awarded to a person by a competent authority in the United Kingdom; - “UK midwifery qualification” means a qualification that is awarded to a person by a competent authority in the United Kingdom.

Insertion of Schedule 2A

171

After Schedule 2 insert—