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

(29A) (1) A person aggrieved by a decision mentioned in subsection (2) may appeal to a county court or, in the case of a person whose address in the register is (or if he were registered would be) in Scotland, the sheriff in whose sheriffdom the address is situated. (2) Those decisions are— (a) a decision of the General Council under section 14(10)(b) imposing conditions; (b) a decision of the General 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 chiropractic in the United Kingdom. (3) On an appeal under subsection (1), the court (or the sheriff) may— (a) dismiss the appeal, (b) allow the appeal and quash the decision appealed against, (c) substitute for the decision appealed against any other decision which could have been made by the General Council, or (d) remit the case to the General Council to dispose of the case in accordance with the directions of the court (or the sheriff), and may make such order as to costs (or, in Scotland, expenses) as it (or he) thinks fit.

Amendment of section 37

225

In section 37 (professional indemnity insurance), after subsection (1) insert—

(1A) In subsection (1) “registered chiropractor” does not include a temporarily registered chiropractor.

Amendment of section 43

226

In section 43 (interpretation)—

• (a) after the definition of “conditionally registered chiropractor” insert—

“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 chiropractic 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 chiropractic, no less favourably than a national of a relevant European State, and in this definition, “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;;

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

“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);

• (c) in the definition of “registered chiropractor”, for “or as a provisionally registered chiropractor” substitute “ , as a provisionally registered chiropractor or as a temporarily registered chiropractor ”;

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

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

; and

• (e) after the definition of “the statutory committees” insert—

“temporarily registered chiropractor” means a person who is registered with temporary registration;

PART 17 — CHIROPRACTORS: OTHER LEGISLATION

Amendment of the General Chiropractic Council (Registration) Rules 1999

227

In the General Chiropractic Council (Registration) Rules 1999 —

• (a) in rule 2 (interpretation), after paragraph (2) insert—

(2A) These Rules do not apply in relation to a temporarily registered chiropractor or a person seeking registration as a temporarily registered chiropractor, except for rules 3 (form of register), 6 (certificates), 7 (amendments of register) and 9 (removal from the register).

• (b) in rule 3 (form of register), in paragraph (4)(a), for “and provisionally registered chiropractors” substitute “ , provisionally registered and temporarily registered chiropractors ”;

• (c) in rule 6 (certificates), in paragraph (2), for “or provisionally” substitute “ , provisionally or temporarily ”;

• (d) in rule 7 (amendments of register), in paragraph (4), after “Form B and” insert “ , except in the case of a temporarily registered chiropractor, ”; and

• (e) in Schedule 2 (fees)—

• (i) in paragraphs 1, 3, 4 and 5, for “European Economic Area State” substitute “ relevant European State ”, and

• (ii) omit paragraph 6.

Amendment of the General Chiropractic Council (Professional Indemnity Insurance) Rules 1999

228

In the General Chiropractic Council (Professional Indemnity Insurance) Rules 1999 , in rule 2 (interpretation)—

• (a) the existing provision shall be numbered as paragraph (1); and

• (b) after paragraph (1) add—

(2) These Rules do not apply in relation to temporarily registered chiropractors.

Amendment of the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002

229

• (1) The General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002 are amended as follows.

• (2) In rule 2 (interpretation, etc), after the definition of “the Council” 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 , and references in these Rules to the Directive are to the Directive as amended from time to time;

• (3) In Part II, for the heading (“cases where Community law does not apply”), substitute “ Cases where the applicant is not treated as having a recognised qualification by virtue of section 14(10)(a) of the Act ”.

• (4) In rule 5 (treatment of foreign qualifications)—

• (a) in paragraph (1), after “proficiency and” insert “ , subject to paragraph (3), ”;

• (b) in paragraph (2), after “Registrar may,” insert “ subject to paragraph (3), ”; and

• (c) after paragraph (2) add—

(3) A requirement to satisfy the Registrar as to satisfactory command of the English language under paragraph (1) or (2) shall not apply in the case of an applicant who is an exempt person .

• (5) In rule 6 (required standard of proficiency)—

• (a) in paragraph (1), for “In determining” substitute “ Subject to paragraph (1A), in determining ”; and

• (b) after paragraph (1) insert—

(1A) In considering whether an applicant who is an exempt person has reached the required standard of proficiency for the purposes of rule 5(1), the Registrar— (a) shall take into account all his relevant qualifications, knowledge and experience, wherever acquired; and (b) if the applicant holds a qualification 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 chiropractor in that State, shall take that acceptance into account.

• (6) In Part III, for the heading (“cases where Community law applies”), substitute “ Cases where the applicant is treated as having a recognised qualification by virtue of section 14(10)(a) of the Act ”.

• (7) In rule 9 (application and interpretation of Part III), omit the definitions of “the Directive”, “EEA State” and “relevant EEA State”.

• (8) In rule 10 (applications)—

• (a) in paragraph (1), for “rule 11(2) or 12(2) or (3)” substitute “ rule 12 ”; and

• (b) omit paragraph (4).

• (9) For rules 11 and 12 substitute—

(11) (1) Paragraphs (2) to (5) apply in relation to an applicant— (a) who is an exempt person (“A”); and (b) in a case to which the Directive applies. (2) For the purposes of section 3(2)(b) of the Act, the document required as evidence of A's good character is a certificate which— (a) attests to A's good character or good repute; and (b) is issued by a competent authority in A's attesting State. (3) If no such certificate is issued by a competent authority in A's attesting State, for the purposes of section 3(2)(b) of the Act the document required as evidence of A's good character is a certificate— (a) attesting to the authenticity of a declaration on oath made by A— (i) before a competent judicial or administrative authority, notary or qualified professional body of A's attesting State, and (ii) attesting to A's good character; and (b) issued by the authority, notary or body referred to in sub-paragraph (a)(i). In this paragraph, “declaration on oath” includes a solemn declaration. (4) For the purposes of section 3(2)(c) of the Act, the document required as evidence of A's good health is a certificate which— (a) attests to A's good physical and mental health; and (b) is required of a person who wishes to practise chiropractic in A's attesting State. (5) If no such certificate is required of persons who wish to practise chiropractic in A's attesting State, for the purposes of section 3(2)(c) of the Act the document required as evidence of A's good health is a certificate which— (a) attests to A's good physical and mental health; and (b) is issued by a competent authority in A's attesting State. (6) In paragraphs (2) to (5) the “attesting State”, in relation to A, is— (a) the relevant European State in which A obtained his qualification in chiropractic; or (b) (if different) the relevant European State from which A comes to the United Kingdom. (7) A certificate referred to in paragraph (2), (3), (4) or (5) must be issued within the period of three months preceding the date of A's application. (12) (1) In a case to which the Directive does not apply, for the purposes of section 3(2)(b) of the Act, rules 4(2)(a) and 5(1) and (3) of the 1999 Rules shall apply, in so far as relevant. (2) In a case to which the Directive does not apply, for the purposes of section 3(2)(c) of the Act, rules 4(2)(b) and 5(2) and (3) of the 1999 Rules shall apply, in so far as relevant.

PART 18 — SOCIAL WORKERS: CARE STANDARDS ACT 2000

Amendment of the Care Standards Act 2000

230

The Care Standards Act 2000 shall be amended in accordance with this Part.

Amendment of section 55

231

In section 55 (interpretation), after subsection (5) add—

(6) “The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781). (7) “Relevant European State” means an EEA State or Switzerland. (8) “Exempt person” means— (a) a national of a relevant European State other than the United Kingdom, (b) a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable Community right, or (c) 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, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State; and in this subsection, “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 the Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

Amendment of section 56

232

In section 56 (the register)—

• (a) in subsection (1), omit “and” at the end of paragraph (a), and after paragraph (b) insert—

; and (c) visiting social workers from relevant European States.

; and

• (b) for subsection (2) substitute—

(2) There shall be a separate part of the register— (a) for social workers; (b) for each description of social care workers specified pursuant to subsection (1)(b); and (c) for visiting social workers from relevant European States. (2A) For the purposes of this Part— (a) the part mentioned in subsection (2)(a) is the “principal part” of the register; (b) a part mentioned in subsection (2)(b) is an “added part” of the register; (c) the part mentioned in subsection (2)(c) is the “visiting European part” of the register.

Amendment of section 57

233

In section 57 (applications for registration), in subsection (1), for “under this Part” substitute “ in the principal part, or an added part, of the register maintained by a Council ”.

Amendment of section 58

234

In section 58 (grant or refusal of registration), in subsection (1), for “If the Council” substitute “ In the case of an application under section 57(1), if the Council ”.

Insertion of section 58A

235

After section 58 insert—

(58A) (1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom. (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 services as a social worker 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 services as a social worker). (3) V is entitled to be registered in the visiting European part of the register maintained by a Council; and the Council shall give effect to the entitlement. (4) If V is entitled under subsection (3) to be registered in the visiting European part of a register but is not registered in that part, V shall be treated as being registered in that part. (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 services as a social worker 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 is registered in the visiting European part of the register maintained by a Council, that Council may remove V from that part. (7) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by a Council, of rules under section 59.

Amendment of section 60

236

In section 60 (rules about registration)—

• (a) in paragraph (b), for “for registration or” substitute “ under section 57(1) for registration or applying ”; and

• (b) in paragraph (c), after “removal from the register” insert “ under section 58A(6) or ”.

Amendment of section 61

237

In section 61 (use of title “social worker” etc), in subsection (1)—

• (a) after “relevant register” insert “ , and is not registered as a visiting social worker from a relevant European State in any relevant register, ”; and

• (b) in paragraph (b), for “so registered”, in the first place those words appear, substitute “ registered in either of those ways ”.

Substitution of section 64

238

In section 64 (qualifications gained outside a Council's area)—

• (a) before subsection (1) insert—

(A1) An applicant for registration in the principal part of the register maintained by a Council satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).

• (b) in each of subsections (1) and (2)—

• (i) for “as a social worker in” substitute “ in the principal part of ”, and

• (ii) omit paragraph (a); and

• (c) omit subsections (3) to (5).

Amendment of section 65

239

In section 65 (post registration training), after subsection (2) insert—

(2A) Subsections (1) and (2), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European part of the register, have effect subject to, respectively, subsections (2B) and (2C). (2B) Rules made under subsection (1)— (a) may not impose requirements on P if P is required to undertake, in P's home State, further training in relation to the profession of social worker; and (b) where they impose requirements on P— (i) shall take account of the fact that P is a fully qualified social worker in P's home State, and (ii) shall specify that training 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 subsection (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 as a social worker in P's home State. (2D) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a social worker.

Amendment of section 66

240

In section 66 (visitors for certain social work courses), in subsection (3)(b), for “part for social workers” substitute “ principal part ”.

Amendment of section 68

241

In section 68 (appeals to the Tribunal), after subsection (1) insert—

(1A) An appeal shall lie to the Tribunal against a decision of a Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.

Amendment of section 71

242

In section 71 (rules)—

• (a) in subsection (2), after “functions” insert “ , but subject to subsection (3A) ”;

• (b) in subsection (3)(a), after “register” insert “ , but subject to subsection (3A) ”; and

• (c) after subsection (3) insert—

(3A) Rules made by a Council under this Part may not make provision for the payment of fees in connection with registration in the visiting European part of the register.

PART 19 — SOCIAL WORKERS: HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001

Amendment of the Health and Personal Social Services Act (Northern Ireland) 2001

243

The Health and Personal Social Services Act (Northern Ireland) 2001 shall be amended in accordance with this Part.

Amendment of section 2

244

In section 2 (“social care worker”, etc), after subsection (4) insert—

(5) “The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781). (6) “Relevant European State” means an EEA State or Switzerland. (7) “Exempt person” means— (a) a national of a relevant European State other than the United Kingdom, (b) a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable Community right, or (c) 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, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State; and in this subsection, “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 the Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

Amendment of section 3

245

In section 3 (the register)—

• (a) in subsection (1), omit“and” at the end of paragraph (a), and after paragraph (b)insert—

; and (c) visiting social workers from relevant European States.

; and

• (b) for subsection (2) substitute—

(2) There shall be a separate part of the register for— (a) social workers; (b) each description of social care workers specified pursuant to subsection (1)(b); and (c) visiting social workers from relevant European States. (2A) For the purposes of this Part— (a) the part mentioned in subsection (2)(a) is the “principal part” of the register; (b) a part mentioned in subsection (2)(b) is an “added part” of the register; (c) the part mentioned in subsection (2)(c) is the “visiting European part” of the register.

Amendment of section 4

246

In section 4 (applications for registration) in subsection (1), for “under this Part” substitute “ in the principal part, or an added part, of the register maintained by the Council ”.”

Amendment of section 5

247

In section 5 (grant or refusal of registration), in subsection (1), for “If the Council” substitute “ In the case of an application under section 4(1), if the Council ”.

Insertion of section 5A

248

After section 5 insert—

(5A) (1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom. (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 services as a social worker 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 services as a social worker). (3) V is entitled to be registered in the visiting European part of the register maintained by the Council; and the Council shall give effect to the entitlement. (4) If V is entitled under subsection (3) to be registered in the visiting European part of the register but is not registered in that part, V shall be treated as being registered in that part. (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 services as a social worker 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 is registered in the visiting European part of the register maintained by the Council, the Council may remove V from that part. (7) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by the Council, of rules under section 6.

Amendment of section 7

249

In section 7 (rules about registration)—

• (a) in paragraph (b), for “for registration or” substitute “ under section 4(1) for registration or applying ”; and

• (b) in paragraph (c), after “removal from the register” insert “ under section 5A(6) or ”.

Amendment of section 8

250

In section 8 (registration - enforcement), in subsection (1)—

• (a) after “relevant register,” insert “ and is not registered as a visiting social worker from a relevant European State in any relevant register, ”; and

• (b) in paragraph (b), for “so registered”, in the first place those words appear, substitute “ registered in either of those ways ”.

Amendment of section 11

251

In section 11 (qualifications gained outside Northern Ireland)—

• (a) before subsection (1) insert—

(A1) An applicant for registration in the principal part of the register maintained by the Council satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).

• (b) in subsection (1)—

• (i) for “as a social worker in” substitute “ in the principal part of the register ”, and

• (ii) omit paragraph (a); and

• (c) omit subsections (2) to (4).

Amendment of section 12

252

In section 12 (post registration training), after subsection (2) insert—

(2A) Subsections (1) and (2), so far as relating to a person (“P”) who is registered as a social worker only in the visiting European part of the register, have effect subject to, respectively, subsections (2B) and (2C). (2B) Rules made under subsection (1)— (a) may not impose requirements on P if P is required to undertake, in P's home State, further training in relation to the profession of social worker; and (b) where they impose requirements on P— (i) shall take account of the fact that P is a fully qualified social worker in P's home State, and (ii) shall specify that training 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 subsection (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 as a social worker in P's home State. (2D) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a social worker.

Amendment of section 13

253

In section 13 (visitors for certain social work courses), in subsection (3)(b), for “as a social worker” substitute “ in the principal part of the register ”.

Amendment of section 15

254

In section 15 (appeals to the Social Care Tribunal), after subsection (2) insert—

(2A) An appeal shall lie to the Care Tribunal against a decision of the Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom.

Amendment of section 18

255

In section 18 (rules)—

• (a) in subsection (1) after “functions” insert “ , but subject to subsection (2A) ”;

• (b) in subsection (2)(a), after “register” insert “ , but subject to subsection (2A) ”; and

• (c) after subsection (2) insert—

(2A) Rules made by the Council under this Part may not make provision for the payment of fees in connection with registration in the visiting European part of the register.

PART 20 — SOCIAL WORKERS: REGULATION OF CARE (SCOTLAND) ACT 2001

Amendment of the Regulation of Care (Scotland) Act 2001

256

The Regulation of Care (Scotland) Act 2001 shall be amended in accordance with this Part.

Amendment of section 44

257

In section 44 (register of social workers and of other social service workers)—

• (a) in subsection (1), after paragraph (a) insert—

(aa) visiting social workers from relevant European states;

; and

• (b) for subsection (2) substitute—

(2) There shall be a separate part of the register for— (a) social workers; (b) visiting social workers from relevant European States; (c) each description of social service workers prescribed by virtue of paragraph (b) of subsection (1) above; and (d) such persons as are mentioned in paragraph (c) of that subsection. (2A) The part of the register for visiting social workers from relevant European States is referred to in this Part of this Act as “the visiting European part” of the register.

Amendment of section 45

258

In section 45 (applications for registration under Part 3)—

• (a) in subsection (1), after “Part” insert “ , other than for registration in the visiting European part of the register, ”; and

• (b) after that subsection insert—

(1A) An application is not required for registration in the visiting European part of the register.

Amendment of section 46

259

In section 46 (grant or refusal of registration under Part 3)—

• (a) in subsection (1), after “application” insert “ under section 45(1) of this Act ”;

• (b) in subsection (2)(c), for “subsection (4) below” substitute “ section 46B of this Act ”; and

• (c) omit subsections (4) to (7).

Insertion of sections 46A and 46B

260

After section 46 insert—

(46A) (1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom. (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 services as a social worker in the United Kingdom on a temporary or occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker). (3) V is entitled to be registered in the visiting European part of the register; and the Council shall give effect to the entitlement. (4) If V is entitled under subsection (3) to be registered in the visiting European part of the register but is not registered in that part, V shall be treated as being registered in that part. (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 services as a social worker 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 is registered in the visiting European part of the register, the Council may remove V from that part. (7) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by the Council, of rules under section 49. (46B) This section applies where— (a) in the case of an applicant for registration as a social worker, the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social worker in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those regulations); or (b) the applicant has, outwith Scotland, undergone training which— (i) is recognised by the Council as being to a standard sufficient for the applicant to be registered in the part of the register specified in the application; or (ii) is not so recognised provided that the applicant has also undergone, in Scotland or elsewhere, such additional training as the Council may by rules require.

Amendment of section 47

261

In section 47(1) (variation etc. of conditions in relation to registration under Part 3), after “Part” insert “ , other than in the visiting European part of the register, ”.

Amendment of section 50

262

In section 50(1) (notice of Council's decision), after “application” insert “ under section 45(1) of this Act ”.

Amendment of section 51

263

In section 51 (appeal against decision of Council) for subsection (1) substitute—

(1) A person who— (a) has been given notice under subsection (2) of section 50 of this Act of a decision mentioned in that subsection; or (b) has been given notice of a decision of the Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with the person's becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social worker in the United Kingdom, may, within fourteen days after that notice is given, appeal to the sheriff against the decision.

Amendment of section 57

264

In section 57 (power of Council to make rules), after subsection (2) insert—

(2A) Rules made by the Council under subsection (2) may not make provision for the payment of fees in connection with registration in the visiting European part of the register.

Amendment of section 77

265

In section 77(1) (interpretation)—

• (a) at the appropriate places, insert the following definitions—

• “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 to engage in relevant social work 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, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;

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

“the General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781);

; and

“visiting social worker from a relevant European state” means a person entitled under section 46A of this Act to be registered in the part of the register maintained under section 44(1) of this Act for visiting social workers from relevant European States;

; and

• (b) in the definition of “social service worker”—

• (i) in paragraph (a), for “subsection (4) of that section” substitute “ section 46B of this Act ”,

• (ii) after that paragraph insert—

(aa) is a visiting social worker from a relevant European State; or

, and

• (iii) in paragraph (b), after “(a)” insert “ or (aa) ”.

PART 21 — OTHER HEALTH PROFESSIONS: HEALTH PROFESSIONS ORDER 2001

Amendment of the Health Professions Order 2001

266

The Health Professions Order 2001 is amended in accordance with this Part.

Amendment of article 6

267

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 health professional from a relevant European State;

Amendment of article 7

268

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 13A (visiting health professionals from relevant European States).

Amendment of article 8

269

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 Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications , as those provisions are amended from time to time ”.

Amendment of article 9

270

In article 9 (registration)—

• (a) in paragraph (1), for “A person” substitute “ Subject to paragraph (8), a person ”;

• (b) in paragraph (5), for “the European Communities (Recognition of Professional Qualifications) Regulations” to the end substitute “ the General Systems Regulations. ”;

• (c) in paragraph (6), omit “under article 37”; and

• (d) after paragraph (7) add—

(8) This article does not apply to a person who seeks registration in exercise of entitlement under article 13A (visiting health professionals from relevant European States).

Amendment of article 10

271

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 health professional from a relevant European State.

Amendment of article 12

272

In article 12 (approved qualifications)—

• (a) in paragraph (1)—

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

(b) he is an exempt person and has a right to practise a relevant profession 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 undertake pursuant to that Part of those Regulations); or

, and

• (ii) in sub-paragraph (c), for paragraph (iii) substitute—

(iii) (except where he is an exempt person) he satisfies prescribed requirements as to knowledge of English.

; and

• (b) after paragraph (1) insert—

(1A) 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 a relevant profession which— (i) was granted otherwise than in relevant European State, but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise that profession in that State, the acceptance of that qualification; and (b) all other qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of the application.

Insertion of article 13A

273

After article 13 insert—

(13A) (1) This article 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 relevant professions (“the established profession”). (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 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 part of the register relating to the established profession; 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 part of the register relating to the established profession, 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 relevant 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 of the established profession, (b) V's name is registered in the part of the register relating to the established profession, 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 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 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 registrant's name may be removed from the register or under which a registrant's registration may be suspended. (11) In this article “relevant services” means services provided in pursuit of the established profession.

Amendment of article 19

274

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

(2A) Paragraphs (1) and (2), so far as relating to a person (“P”)— (a) who is registered in the part of the register relating to a relevant profession (“the established profession”), and (b) whose entry in that part of the register includes an annotation denoting that P is a visiting health professional 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 in connection with P's pursuit of the established profession if P is required to undertake, in P's home State, continuing professional 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 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 as a member of the established profession in P's home State. (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 member of the established profession.

Amendment of article 37

275

In article 37 (appeals against decisions of the Education and Training Committee), in paragraph (1), after sub-paragraph (a) insert—

(aa) refuses to register a person under article 13A (visiting health professionals from relevant European States);

Amendment of article 38

276

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) ”; and

• (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, a relevant profession in the United Kingdom.

Amendment of Schedule 3

277

In Schedule 3 (interpretation), in paragraph 1—

• (a) omit the definitions of “EEA national” and “EEA State”;

• (b) 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, a relevant profession 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 a relevant profession, no less favourably than a national of a relevant European State;

• (c) after the definition of “exempt person” insert—

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

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

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

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

; and

• (f) after the definition of “United Kingdom country” add—

“visiting health professional from a relevant European State” means a person registered in exercise of entitlement under article 13A (visiting health professionals from relevant European States).

PART 22 — OTHER HEALTH PROFESSIONS: OTHER LEGISLATION

Amendment of the Health Professions (Parts of and Entries in the Register) Order of Council 2003

278

In the Health Professions (Parts of and Entries in the Register) Order of Council 2003 , after article 6 add—

(7) The entries in the register are to include such annotation as the Council considers appropriate to denote that a registrant is a visiting health professional from a relevant European State .

Amendment of the Health Professions Council (Registration and Fees) Rules 2003

279

• (1) The Health Professions Council (Registration and Fees) Rules 2003 are amended as follows.

• (2) In rule 2 (interpretation)—

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

“attesting State”, in relation to an application, is— 1. the relevant European State in which the applicant obtained his qualification in the profession to which his application relates; or 2. (if different) the relevant European State from which the applicant comes to the United Kingdom;

• (b) for the definition of “competent authority” substitute—

“competent authority”, in relation to an application, means any authority or body of a relevant European State designated by that State for the purposes of Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications , 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 that Directive, in connection with the practice of the profession to which the applicant's application relates;; and

; and

• (c) omit the definition of “home relevant State”.

• (3) After rule 2 insert—

(2A) These Rules shall not apply in relation to visiting health professionals from relevant European States or in respect of a person's registration in exercise of entitlement under article 13A of the Order, except for rules 3 (the register), 9 (amendments to register), 11A (continuing professional development) and 12 (application for removal from the register).

• (4) In rule 4 (applications for registration)—

• (a) in paragraph (2)—

• (i) in sub-paragraph (b), for “paragraphs (4)” substitute “ paragraphs (3) ”, and

• (ii) in sub-paragraph (c)(ii), for “home relevant State” substitute “ attesting State ”;

• (b) for paragraphs (3) and (4) substitute—

(3) Where an applicant (“A”) is relying on article 12(1)(b) of the Order— (a) he may provide, in place of the character reference referred to in paragraph (2)(a), a certificate of good character— (i) to which either paragraph (3A) or (3B) applies, and (ii) issued within the three months preceding the date of A's application; and (b) he shall provide, in place of the health reference referred to in paragraph (2)(b), a certificate of good health— (i) to which either paragraph (4) or (4A) applies, and (ii) issued within the three months preceding the date of A's application. (3A) This paragraph applies to a certificate which— (a) attests to A's good character or good repute; and (b) is issued by a competent authority in A's attesting State. (3B) If no such certificate is issued by a competent authority in A's attesting State, this paragraph applies to a certificate— (a) attesting to the authenticity of a declaration on oath made by A— (i) before a competent judicial or administrative authority, notary or qualified professional body of A's attesting State, and (ii) attesting to A's good character; and (b) issued by the authority, notary or body referred to in sub-paragraph (a)(i). In this paragraph, “declaration on oath” includes a solemn declaration. (4) This paragraph applies to a certificate which— (a) attests to A's good physical and mental health; and (b) is required of a person who wishes to practise the profession to which A's application relates in A's attesting State. (4A) If no such certificate is required of persons who wish to practise the profession to which A's application relates in A's attesting State, this paragraph applies to a certificate which— (a) attests to A's good physical and mental health; and (b) is issued by a competent authority in A's attesting State.

; and

• (c) in paragraph (5), omit “or (4)”.

• (5) In rule 5 (other conditions of registration)—

• (a) in paragraph (1)(a), for “or (3)” substitute “ , (3A) or (3B) ”; and

• (b) in paragraph (2)(a), after “(4)” insert “ , (4A) ”.

• (6) In rule 7 (knowledge of the English language), omit “EEA national exercising an enforceable Community right or”.

Signed

Signed by authority of the Secretary of State for Health.

Ben Bradshaw — Minister of State, — 2007-11-01

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. The enabling powers of section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

[^f00002]: S.I. 1995/3207.

[^f00003]: S.I. 2003/2901.

[^f00004]: S.I. 2002/248.

[^f00005]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

[^f00006]: The subject matter of section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners) is not a reserved matter under the Scotland Act 1998 (c.46). In addition, the regulation of the professions of social worker, operating department practitioner, pharmacy technician, dental nurse, clinical dental technician, dental technician and orthodontic therapist is not a reserved matter under that Act. Therefore, as regards Scotland, see section 57(1) of the Scotland Act 1998 which provides that, despite the transfer to the Scottish Ministers by virtue of section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter (including therefore in relation to the subject matter of section 21 of the National Health Service (Scotland) Act 1978 and in relation to the regulation of the professions specified above) shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.

[^f00007]: OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00008]: 1983 c.54.

[^f00009]: Section 2 was amended by S.I. 1996/1591, 2002/3135 and 2006/1914.

[^f00010]: Section 3 was substituted by S.I. 1996/1591 and amended by S.I. 2003/3148, 2004/1947 and 2006/1914.

[^f00011]: Section 5 was amended by S.I. 1996/1591, 2003/3148, 2004/1947 and 2006/1914.

[^f00012]: The Directive was amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00013]: Section 10A was inserted by S.I. 2006/1914.

[^f00014]: Section 14(3) was inserted by S.I. 1996/1591.

[^f00015]: Section 15A was inserted by S.I. 2000/3041 and amended by S.I. 2006/1914.

[^f00016]: Section 16 was amended by S.I. 1996/1591, 2000/3041 and 2002/3135.

[^f00017]: Section 17 was substituted by S.I. 1996/1591 and amended by S.I. 2003/3148 and 2004/1947.

[^f00018]: Section 18 was amended by S.I. 1996/1591.

[^f00019]: Section 19 was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.

[^f00020]: Section 21(2) was amended by S.I. 2002/3135, and the heading of section 21 was amended by S.I. 2006/1914.

[^f00021]: Section 21B was inserted by S.I. 2006/1914.

[^f00022]: Section 21C was inserted by S.I. 2006/1914.

[^f00023]: Section 26 was amended by S.I. 2002/3135 and 2006/1914.

[^f00024]: Section 30 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.

[^f00025]: Section 32 was amended by S.I. 1996/1591 and 2006/1914 and by the Medical (Professional Performance) Act 1995 (c.51), paragraph 3 of the Schedule.

[^f00026]: Section 40 was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.

[^f00027]: Section 44 was amended by S.I. 1996/1591 and substituted by S.I. 2002/3135.

[^f00028]: Section 44B was inserted by S.I. 2006/1914; in that S.I. as originally printed, the inserted section 44B had two subsections (9), but a correction slip was issued confirming that the second of them is in fact subsection (10).

[^f00029]: Section 45 was amended by S.I. 1996/1591, 2000/1803, 2002/3135 and 2006/1914.

[^f00030]: Section 46 was amended by S.I. 1996/1591, 2002/3135 and 2006/1914.

[^f00031]: Section 49(2) was amended by S.I. 1996/1591.

[^f00032]: Section 55 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.

[^f00033]: Directive 93/16/EEC was last amended by the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Athens on 16th April 2003, and was repealed with effect from 20th October 2007 by Directive 2005/36/EC.

[^f00034]: Schedule 2 was substituted by S.I. 2003/3148 and amended by S.I. 2004/1947.

[^f00035]: Schedule 3 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.

[^f00036]: Schedule 3A was inserted by S.I. 2002/3135 and amended by S.I. 2006/1914.

[^f00037]: There are no relevant amendments to Schedule 4.

[^f00038]: S.I. 2003/1250.

[^f00039]: Article 8 was amended by S.I. 2004/1947.

[^f00040]: There are no relevant amendments to article 10.

[^f00041]: Article 11 was amended by S.I. 2004/865, 1016 and 1947.

[^f00042]: Article 12 was amended by S.I. 2004/865 and 1016.

[^f00043]: Article 15 was amended by S.I. 2004/1947.

[^f00044]: Article 21 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 11, Part 3, paragraph 5.

[^f00045]: Relevant amendments to Schedule 1 were made by S.I. 2004/1947.

[^f00046]: OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00047]: S.I. 2007/2781.

[^f00048]: There are no relevant amendments to Schedule 3.

[^f00049]: 1994 c.23, to which there are amendments not relevant to these Regulations.

[^f00050]: S.I. 1996/1591.

[^f00051]: S.S.I. 2004/114.

[^f00052]: S.I. 2004/585; there are no relevant amending instruments.

[^f00053]: S.I. 2004/1020; there are no relevant amending instruments.

[^f00054]: Scheduled to S.I. 2004/2608.

[^f00055]: S.I. 2007/289.

[^f00056]: OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00057]: S.I. 2007/2781.

[^f00058]: Paragraph (h) of article 14 is partly in force.

[^f00059]: Article 21 has not yet been brought into force.

[^f00060]: Article 22 has not yet been brought into force.

[^f00061]: Article 23 has not yet been brought into force.

[^f00062]: Article 25 has not yet been brought into force.

[^f00063]: Article 27 has been brought into force for the purpose only of the exercise of the power to make rules.

[^f00064]: Article 28 has been brought into force for the purpose only of the exercise of the power to make rules.

[^f00065]: Article 39 has been brought into force for the purpose only of the exercise of the power to make rules.

[^f00066]: Sub-paragraph (d) of article 42(1) has not yet been brought into force.

[^f00067]: Sub-paragraph (e) of article 42(1) has not yet been brought into force.

[^f00068]: Sub-paragraph (f) of article 42(1) has not yet been brought into force.

[^f00069]: In Northern Ireland, the competent authority for the purposes of the Directive so far as relating to the profession of pharmacist is the Pharmaceutical Society of Northern Ireland.

[^f00070]: 1968 c.67.

[^f00071]: Section 69 was amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1, Part 12, and by S.I. 1976/1213 and 2007/289.

[^f00072]: S.I. 2007/289.

[^f00073]: Section 70 was amended by S.I. 2007/289 and is to be substituted by section 27 of the Health Act 2006 (c.28) on a date to be appointed.

[^f00074]: Section 71 was amended by S.I. 2007/289 and is to be substituted by section 28 of the Health Act 2006 on a date to be appointed.

[^f00075]: The definition of “pharmacist” was amended by S.I. 1976/1213 and 2007/289.

[^f00076]: 1978 c.29.

[^f00077]: S.I. 2004/1031; the definition of “pharmacist” was amended by S.I. 2007/289.

[^f00078]: S.I. 2005/916; article 5(3)(c) was amended by S.I. 2007/289.

[^f00079]: S.S.I. 2005/125; article 5(2)(b)(iii) was amended by S.I. 2007/289.

[^f00080]: 2006 c.28.

[^f00081]: 2006 c.41.

[^f00082]: The definition of “registered pharmacist” was substituted by S.I. 2007/289.

[^f00083]: 2006 c.42.

[^f00084]: The definition of “registered pharmacist” was substituted by S.I. 2007/289.

[^f00085]: S.I. 2006/3148.

[^f00086]: S.I. 2007/289.

[^f00087]: Scheduled to S.I. 2007/441.

[^f00088]: “Relevant European State” is defined in the Pharmacists and Pharmacy Technicians Order 2007 as meaning an EEA State or Switzerland.

[^f00089]: “Attesting State” is defined in article 17(9) of the Pharmacists and Pharmacy Technicians Order 2007.

[^f00090]: S.I. 2007/564.

[^f00091]: “The Directive” is defined in the Pharmacists and Pharmacy Technicians Order as meaning Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005.

[^f00092]: 1984 c.24.

[^f00093]: Section 14 was substituted by S.I. 2005/2011.

[^f00094]: Section 15 was amended by S.I. 1996/1496, 1998/811, 2003/3148 and 2004/1947.

[^f00095]: Subsection (2A) was inserted by S.I. 1998/811 and amended by S.I. 2003/3148.

[^f00096]: Section 17 was amended by S.I. 1998/811 and 2003/3148.

[^f00097]: Section 18 was amended by S.I. 1996/1496 and 2005/2011.

[^f00098]: Section 19 was amended by S.I. 2001/3926 and 2005/2011.

[^f00099]: Section 21A was inserted by S.I. 1998/811.

[^f00100]: Section 34A was inserted by S.I. 2001/3926 but is prospectively substituted by S.I. 2005/2011 except that the 2005 version, for the purpose of the exercise of power to make rules, is in force alongside the 2001 version.

[^f00101]: Section 35 was amended by S.I. 1996/1496 and 2005/2011.

[^f00102]: Section 36 was amended by S.I. 1996/1496.

[^f00103]: SeeS.I. 2007/2781, regulation 4 and Part 1 of Schedule 1, for the designation of the Council as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the professions pursued by dental hygienists, dental therapists, clinical dental technicians, dental nurses, dental technicians and orthodontic therapists.

[^f00104]: Section 36B was inserted by S.I. 2005/2011.

[^f00105]: Section 36C was inserted by S.I. 2005/2011 and amended by S.I. 2006/1718.

[^f00106]: Section 36E was inserted by S.I. 2005/2011.

[^f00107]: Section 36F was inserted by S.I. 2005/2011.

[^f00108]: Section 36Z2 was inserted by S.I. 2005/2011, and has been brought into force for the purpose only of the exercise of the power to make rules.

[^f00109]: Section 36Z1 was inserted by S.I. 2005/2011, and has been brought into force for the purpose only of the exercise of the power to make rules.

[^f00110]: Subsection (1) was amended by S.I. 1996/1496 and 2005/2011.

[^f00111]: Section 39 was amended by S.I. 1996/1496 and 2005/2011.

[^f00112]: Subsection (1) was amended by S.I. 1996/1496 and 2005/2011.

[^f00113]: The Directive was amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00114]: Paragraph 1 was substituted by S.I. 1996/1496 and amended by S.I. 2003/3148 and 2004/1947.

[^f00115]: Paragraph 2 was substituted by S.I. 1996/1496.

[^f00116]: Paragraph 3 was amended by S.I. 1996/1496.

[^f00117]: Paragraph 3A was inserted by S.I. 1996/1496.

[^f00118]: Paragraph 4 was amended by S.I. 1996/1496.

[^f00119]: Paragraphs 5 and 6 were inserted by S.I. 1986/23 and substituted by SI 1996/1496.

[^f00120]: Paragraph 6A was inserted by S.I. 2003/3148.

[^f00121]: Paragraph 7 was substituted by S.I. 1996/1496.

[^f00122]: Paragraph 8 was inserted by S.I. 2004/1947.

[^f00123]: Paragraphs 9 and 10 were inserted by S.I. 2004/1947.

[^f00124]: Part II was substituted by S.I. 2003/3148 and amended by S.I. 2004/1947.

[^f00125]: Schedule 2A was inserted by S.I. 2005/2011.

[^f00126]: Schedule 4A was inserted by S.I. 2005/2011.

[^f00127]: S.I. 1998/811.

[^f00128]: Regulation 2 was amended by S.I. 2003/3148 and 2004/1947.

[^f00129]: OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00130]: S.I. 2007/2781.

[^f00131]: Regulation 4 was amended by S.I. 2003/3148.

[^f00132]: Regulation 9 was amended by S.I. 2003/3148.

[^f00133]: Regulation 10 was amended by S.I. 2003/3148 and 2004/1947.

[^f00134]: Regulation 13 was substituted by S.I. 2003/3148.

[^f00135]: 1968 c.67.

[^f00136]: The definition of “dentist” was amended by the Dentists Act 1984 (c.24), section 54(1), Schedule 5, paragraph 2, and by S.I. 1996/1496.

[^f00137]: 1971 c.38.

[^f00138]: The definition of “dentist” was amended by the Dentists Act 1984, section 54(1), Schedule 5, paragraph 3, and by S.I. 1996/1496.

[^f00139]: 1972 c.66.

[^f00140]: The definition of “dentist” was amended by the Dentists Act 1984, section 54(1), Schedule 5, paragraph 4, and by S.I. 1996/1496.

[^f00141]: S.I. 2004/1031; there are no relevant amending instruments.

[^f00142]: S.I. 2002/253.

[^f00143]: See S.I. 2007/2781, regulation 4 and Part 1 of Schedule 1, for the designation of the Council as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the profession pursued in the United Kingdom by nurses other than those admitted to sub-part 1 of the nurses’ part of the register whose field of practice is adult nursing.

[^f00144]: Relevant amendments to Schedule 4 were made by S.I. 2003/3148 and 2004/1947.

[^f00145]: OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.

[^f00146]: S.I. 2007/2781.

[^f00147]: Scheduled to S.I. 2004/1654.

[^f00148]: Rule 3 was amended by S.I. 2005/3353 and 2007/1885.

[^f00149]: S.I. 2004/1765; there are no relevant amending instruments.

[^f00150]: “Visiting nurse or midwife from a relevant European State” is defined in Schedule 4 to the Order as a nurse or midwife registered in exercise of entitlement under article 39A of or Schedule 2A to the Order.

[^f00151]: S.I. 2004/1766.

[^f00152]: “The Directive” is defined in Schedule 4 to the Order as Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005.

[^f00153]: Scheduled to S.I. 2004/1767; there are no relevant amending instruments.

[^f00154]: “The Directive” is defined in Schedule 4 to the Order as Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005.

[^f00155]: “Visiting nurse or midwife from a relevant European State” is defined in Schedule 4 to the Order as a nurse or midwife registered in exercise of entitlement under article 39A of or Schedule 2A to the Order.

[^f00156]: “Exempt person” is defined in Schedule 4 to the Order.

[^f00157]: 1989 c.44.

[^f00158]: Section 8 was amended by S.I. 2005/848.

[^f00159]: Section 8A was inserted by S.I. 2005/848.

[^f00160]: Section 10 was amended by S.I. 2005/848.

[^f00161]: Section 10A was inserted by S.I. 2005/848.

[^f00162]: Section 11A was inserted by S.I. 2005/848.

[^f00163]: Section 11B was inserted by S.I. 2005/848.

[^f00164]: Section 28 was amended by S.I. 2005/848.

[^f00165]: Relevant amendments were made to section 29 by S.I. 2005/848.

[^f00166]: Section 36 was amended by S.I. 2005/848.

[^f00167]: Schedule 1A was inserted by S.I. 2005/848.

[^f00168]: 1977 c.49. The definition of “ophthalmic optician” was substituted by S.I. 2005/848, and is prospectively amended by the Health Act 2006 (c.28), Schedule 8, paragraph 24(b). The National Health Service Act 1977 (“the 1977 Act”) was repealed by the National Health Service (Consequential Provisions) Act 2006 (c.43) (“the 2006 Act”). However, by virtue of section 8(4)(q) and (5) of the 2006 Act, the repeal of the definition of “ophthalmic optician” in the 1977 Act has not yet come into force.

[^f00169]: Section 8B was inserted by S.I. 2007/3101

[^f00170]: 1978 c.29.

[^f00171]: S.I. 1979/1585; a relevant amendment was made by S.I. 2005/848.

[^f00172]: S.I. 1979/1760, amended by S.I. 2005/848.

[^f00173]: S.I. 1980/1923; a relevant amendment was made by S.I. 2005/1520.

[^f00174]: S.I. 1986/975; a relevant amendment was made by S.I. 2005/1481.

[^f00175]: S.I. 1992/664; a relevant amendment was made by S.I. 2005/848.

[^f00176]: Scheduled to S.I. 1994/70; relevant amendments were made by S.I. 2005/848.

[^f00177]: The “General Systems Regulations” are defined in section 36 of the Opticians Act 1989.

[^f00178]: S.I. 1997/1830; a relevant amendment was made by S.I. 2005/848.

[^f00179]: S.I. 1999/2337; a relevant amendment was made by S.I. 2005/848.

[^f00180]: S.I. 2000/89; a relevant amendment was made by S.I. 2005/848.

[^f00181]: S.I. 2001/1744; a relevant amendment was made by S.I. 2005/848.

[^f00182]: S.I. 2004/1031; there are no relevant amending instruments.

[^f00183]: Scheduled to S.I. 2005/1478.

[^f00184]: “Relevant European State” is defined in section 36 of the Opticians Act 1989.

[^f00185]: 2006 c.41. By virtue of section 277(3)(o) and (4) of the National Health Service Act 2006, the definition of “optometrist” in that Act does not come into force until the commencement of paragraph 24(b) of Schedule 8 to the Health Act 2006 (c.28) (which amends the definition of “ophthalmic optician” in the National Health Service Act 1977 (c.49)). See also paragraph 4 of Schedule 3 to the National Health Service (Consequential Provisions) Act 2006 (c.43).

[^f00186]: 2006 c.42.

[^f00187]: S.S.I. 2006/135.

[^f00188]: 1993 c.21.

[^f00189]: Section 29 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 33.

[^f00190]: Section 41 was amended by the Chiropractors Act 1994 (c.17), Schedule 2.

[^f00191]: Scheduled to S.I. 1998/1328, amended by S.I. 2004/1947.

[^f00192]: “Temporarily registered osteopath” is defined in section 41 of the Osteopaths Act 1993.