Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2019-03-14

Last updated 2022-02-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Made: 14th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1

(1) These Regulations may be cited as the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

(3) Any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.

Medical practitioners

2

In Schedule 1—

(a) Part 1 contains amendments about medical practitioners;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Pharmacists and pharmacy technicians

3

In Schedule 2—

(a) Part 1 contains amendments about pharmacists and pharmacy technicians;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Dentists and dental care professionals

4

In Schedule 3—

(a) Part 1 contains amendments about dentists and dental care professionals;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Nurses, midwives and nursing associates

5

In Schedule 4—

(a) Part 1 contains amendments about nurses, midwives and nursing associates;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Opticians

6

In Schedule 5—

(a) Part 1 contains amendments about opticians;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Osteopaths

7

In Schedule 6—

(a) Part 1 contains amendments about osteopaths;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Chiropractors

8

In Schedule 7—

(a) Part 1 contains amendments about chiropractors;

(b) Part 2 contains savings and transitional provision relating to those amendments.

9

In Schedule 8—

(a) Part 1 contains amendments about health and social work professionals;

(b) Part 2 contains savings and transitional provision relating to those amendments.

10

In Schedule 9—

(a) Part 1 contains amendments about social workers in Scotland;

(b) Part 2 contains savings and transitional provision relating to those amendments.

11

In Schedule 10—

(a) Part 1 contains amendments about social care workers in Northern Ireland;

(b) Part 2 contains savings and transitional provision relating to those amendments.

12

In Schedule 11—

(a) Part 1 contains amendments about social workers in England;

(b) Part 2 contains savings and transitional provision relating to those amendments.

References to the General Systems Regulations

13

(1) In this regulation “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015.

(2) In these Regulations (other than in regulation 12C), any reference to the 2015 Regulations (or any provision of those Regulations) includes a reference to the 2007 Regulations (or any provision of those Regulations), so far as the 2007 Regulations—

(a) continue (or before IP completion day, continued) to apply by virtue of—

(i) regulation 78 of the 2015 Regulations;

(ii) regulation 155 of the European Qualifications (Health and Social Care Professions) Regulations 2016, and

(b) after IP completion day, continue to apply under Part 3 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

Review of continued recognition of certain European qualifications

14

(1) The Secretary of State must, after the end of the period of two years beginning with the day on which these Regulations come into force—

(a) carry out a review of the operation of the provisions in paragraph (2) (which concern the recognition to be given to certain European qualifications after IP completion day), as inserted or amended by these Regulations,

(b) set out the conclusions of the review in the report, and

(2) The provisions are—

(a) sections 21B(1A), (2)(a), (3), (4) (full registration of persons with an overseas qualification) and 21C(2A) (provisional registration of persons with an overseas qualification) of the Medical Act 1983 ,

(b) articles 4(1), (1A) (general practitioners eligible for entry in the general practitioner register), 8(1) (specialists eligible for entry in the specialist register) and 10 (recognised specialist qualifications granted outside the United Kingdom) of the Postgraduate Medical Education and Training Order of Council 2010 ,

(c) article 21(1A) to (1C) (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists) of the Pharmacy Order 2010 ,

(d) section 15(2)(a), (2ZA), (2ZB) and (4ZA) (qualification for registration in the dentists register) of the Dentists Act 1984 ,

(e) regulations 9(1) (eligible specialists) and 10 (recognised specialist dental qualifications) of the European Primary and Specialist Dental Qualifications Regulations 1998 , and

(f) article 13(3) to (5) (approved qualifications) of the Nursing and Midwifery Order 2001 .

(3) The report must be published within the period of six months beginning with the day after the end of the period referred to in sub-paragraph (1).

SCHEDULE 1 — Medical Practitioners

PART 1 — Amendments to legislation

Medical Act 1983

1

The Medical Act 1983 is amended as follows.

2

In section 2 (registration of medical practitioners) , in subsection (2)—

(a) at the end of paragraph (aa), insert “ and ”;

(b) omit paragraph (d) and the “and” before it.

3

In section 3 (registration by virtue of primary United Kingdom or primary European qualifications) , in subsection (1)(b), after “qualifications” insert “ and has made an application, before IP completion day, for registration under this paragraph or is provisionally registered under section 15A ”.

4

(1) Section 5 (general functions of the General Medical Council in relation to medical education in the United Kingdom) is amended as follows.

(2) Omit subsection (2A).

(3) In subsection (4), omit the definition of “the Directive”.

5

(1) Section 10B (professional traineeships carried out in other relevant European States, etc) is amended as follows.

(2) In the heading, omit “other”.

(3) Before subsection (1), insert—

(A1) This section applies for the purposes of determining whether a person who— (a) is a national of a relevant European state, (b) holds a primary United Kingdom qualification, and (c) has applied, before IP completion day, for registration under section 3(1)(a), has satisfactorily completed an acceptable programme for doctors who are provisionally registered.

(4) In subsection (1)—

(a) for “an acceptable programme of provisionally registered doctors” substitute “ such a programme ”;

(b) omit the words from “other” to “qualification,”.

(5) Omit subsection (2).

(6) In subsection (3), for “(1)” substitute “ (A1) ”.

6

(1) Section 14 (alternative requirements as to experience in certain cases) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4)(a), after “subsection (1)” insert “ in connection with an application for registration under section 3(1)(a) made before IP completion day”.

7

In section 14A (full registration of EEA nationals etc without certain acquired rights certificates) , in subsection (1), before paragraph (a) insert—

(za) who has made an application for registration under this section before IP completion day,

8

In section 15A (provisional registration for EEA nationals etc) , in subsection (2), for “his fitness to practise is not impaired” substitute—

(a) the person has made an application, before IP completion day, for registration under this section, and (b) the person's fitness to practise is not impaired.

9

In section 16 (registration of qualifications), in subsection (2), omit “a primary United Kingdom qualification or”.

10

(1) Section 17 (primary qualifications obtained in other relevant European states) is amended as follows.

(2) In the heading, omit “other”.

(3) In subsection (1), omit “other than the United Kingdom”.

11

Omit section 18 (visiting medical practitioners from relevant European states).

12

(1) Section 19 (full registration of EEA nationals etc by virtue of overseas primary qualifications etc) is amended as follows.

(2) Before subsection (1), insert—

(A1) Subsection (1) applies only in relation to an exempt person— (a) who has made an application, before IP completion day, for registration under this section, or (b) who is provisionally registered under section 21.

(3) For subsection (2), substitute—

(2) In this Act “exempt person” means— (a) a person who, immediately before IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or (c) a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a national of a relevant European State.

(4) In subsection (3)(a), omit “, other than the United Kingdom,”.

13

(1) Section 19A (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom) is amended as follows.

(2) In the heading, omit “other than the United Kingdom”.

(3) In subsection (1), before paragraph (a), insert—

(za) who has made an application for registration under this section before IP completion day,

14

In section 21 (provisional registration of EEA nationals etc with certain overseas qualifications) , for subsection (2), substitute—

(2) Where a person— (a) has made an application to the General Council, before IP completion day, to be provisionally registered under this section, and (b) satisfies the Registrar of the matters specified in paragraphs (a), (aa) and (c) of section 19(1), the person shall, if the Council think fit so to direct, be provisionally registered under this section.

15

(1) Section 21B (full registration of persons with an overseas qualification) is amended as follows.

(2) In subsection (1)—

(a) at the beginning, insert “ Subject to subsection (1A), ”;

(b) at the end of paragraph (c), insert “ and ”;

(d) omit the “and” at the end of paragraph (d);

(e) omit paragraph (e).

(3) After subsection (1), insert—

(1A) Subsection (1)(b) does not apply to a person who makes an application under this section on or after IP completion day in reliance on the holding of a relevant European qualification within subsection (3)(a) or (b). (1B) Subsection (1C) applies instead of subsection (1) in the case of an exempt person who— (a) has made an application for registration as a fully registered medical practitioner under this section before IP completion day, or (b) is provisionally registered under section 21C and made the application for that provisional registration before IP completion day. (1C) Where the exempt person satisfies the Registrar that— (a) the person holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification, (b) where— (i) the acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and (ii) that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State, that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training), (c) the person possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom, and (d) the person's fitness to practise is not impaired, the person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(4) For subsection (2), substitute—

(2) In this Act, an “acceptable overseas qualification” means— (a) in relation to a person who makes an application for registration on or after IP completion day, a relevant European qualification, or (b) (whether or not in relation to such a person) any other qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

(5) After subsection (2), insert—

(3) In this section, “relevant European qualification” means— (a) a primary European qualification under section 17(1)(a) that has not been designated by the General Council for the purposes of this paragraph, (b) a qualification that is not a primary European qualification under section 17(1)(a) but— (i) was granted in a relevant European State, and (ii) demonstrates, in the opinion of the General Council, a comparable level of knowledge, skill and experience to that demonstrated by the means of qualification laid down by section 3(1)(a) (including the programme for provisionally registered doctors), or (c) a qualification that is not a primary European qualification under section 17(1)(a) and does not fall within paragraph (b) but— (i) was granted in a relevant European State, and (ii) demonstrates, in the opinion of the General Council, a comparable level of knowledge and skill to that demonstrated by a primary United Kingdom qualification. (4) The General Council— (a) may designate a qualification for the purposes of subsection (3)(a) only with the approval of the Privy Council; (b) must maintain and publish a list of the qualifications that are so designated.

16

(1) Section 21C (provisional registration of persons with an overseas qualification) is amended as follows.

(2) In subsection (1), after “section 21B(1)(b)” insert “ or (1C)(c) ”.

(3) In subsection (2)(a), for “(d) and (e)” substitute “ and (d) ”.

(4) After subsection (2), insert—

(2A) Subsection (2)(b) does not apply to a person who makes an application under this section on or after IP completion day and who— (a) has passed all of the qualifying examinations necessary for obtaining (but does not hold) a relevant European qualification within section 21B(3)(a) or (b), or (b) holds, or has passed all of the qualifying examinations necessary for obtaining, a relevant European qualification within section 21B(3)(c). (2B) Where an exempt person has made an application to the General Council, before IP completion day, to be provisionally registered under this section and satisfies the Registrar— (a) of the matters specified in paragraphs (a), (b) and (d) of section 21B(1C) above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection, and (b) that the person possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors, the person shall, if the Council think fit so to direct, be provisionally registered under this section.

17

In section 30 (the registers) , in subsection (1)—

(a) at the end of paragraph (aa) insert “ and ”;

(b) omit paragraph (d) and the “and” before it.

18

In section 32 (registration fees) , in subsection (5), omit “or in the list of visiting medical practitioners from relevant European States”.

19

In section 34D (the Specialist Register) , omit subsection (5).

20

(1) Section 34G (acquired rights of general practitioners) is amended as follows.

(2) In subsection (1), for “Article 30(1) of the Directive” substitute “ this section ”.

(3) In subsection (2), for the words from “by virtue of” to the end, substitute “ as a general practitioner in the United Kingdom, the Registrar shall issue a certificate for the purposes of enabling that certificate to be recognised in relevant European States. ”.

21

Omit section 34J (minimum requirements for general practice training) .

22

Omit section 34K (minimum requirements for specialist training) .

23

In section 34L (award and withdrawal of Certificate of Completion of Training) , omit subsection (3).

24

(1) Section 40 (appeals) is amended as follows.

(2) Omit subsection (1B).

(3) In subsection (4A), omit “or (1B)”.

(4) In subsection (8)(b), omit the words from “or, in the case” to “amended”.

25

In section 44 (effect of disqualification in another relevant European State on registration in the United Kingdom), in the heading, omit “another”.

26

(1) Section 44B (provision of information in respect of fitness to practise matters) is amended as follows.

(2) In subsection (1), omit “, other than Schedule 2A,”.

(3) In subsection (2)—

(a) in paragraph (a), omit “, other than Schedule 2A,”;

(b) in paragraph (b), omit “otherwise than by virtue of Schedule 2A,”.

(4) Omit subsection (3).

27

In section 44C (indemnity arrangements) , omit subsection (11).

28

In section 46 (fees) , in subsection (2A), omit paragraph (b).

29

Omit section 49B (the Directive: designation of competent authority etc) .

30

(1) Section 55 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) for the definition of “the Directive” substitute—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision of the Directive, as it had effect immediately before IP completion day (but see subsections (2) and (3) below);

(b) at the appropriate place insert—

“enforceable EU right” means a right recognised and available in domestic law, immediately before IP completion day, by virtue of section 2(1) of the European Communities Act 1972;

(c) in the definition of “fully registered person”, omit “, or under Schedule 2A as a visiting medical practitioner from a relevant European State,”;

(d) in the definition of “the General Systems Regulations”, at the end insert—

(a) in relation to anything done before IP completion day, as they had effect at that time; (b) otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;

(e) omit the definition of “IMI”;

(f) in the definition of “national”, for “is not” substitute “ was not, immediately before IP completion day”.

(3) After subsection (1) insert—

(1ZA) For the purposes of this Act an application for registration is made when it is received by the Registrar.

31

In Schedule 1 (the General Medical Council etc) , in paragraph 10, omit “(otherwise than under Schedule 2A)”.

32

Omit Schedule 2A (visiting medical practitioners from relevant European States) .

33

In Schedule 3 (registration: supplementary provisions) , omit paragraph 7.

34

(1) Schedule 3A (registration and training) is amended as follows.

(2) In paragraph 1 (interpretation), in paragraph (b) of the definition of “person making the decision”, omit “or under Schedule 2A to this Act,”.

(3) In paragraph 2 (appealable registration decisions), in sub-paragraph (1), omit paragraph (q).

35

Omit Schedule 4A (Directive 2005/36: Functions of the General Council under section 49B(3)) .

National Health Service Pension Scheme Regulations 2008

36

(1) The National Health Service Pension Scheme Regulations 2008 are amended as follows.

(2) In regulation 2.A.1 (interpretation: general) in the definition of “CCT”, omit the words from “including” to the end.

(3) In regulation 3.A.1 (interpretation of Part 3: general) in the definition of “CCT”, omit the words from “including” to the end.

Postgraduate Medical Education and Training Order of Council 2010

37

The Postgraduate Medical Education and Training Order of Council 2010 is amended as follows.

38

(1) Article 3 (persons eligible to be registered in, and liable to removal from, the General Practitioner Register) is amended as follows.

(2) In paragraph (1), omit paragraphs (b) and (c).

(3) Omit paragraph (2).

39

(1) Article 4 (general practitioners eligible for entry in General Practitioner Register) is amended as follows.

(2) For paragraph (1), substitute—

(1) A person is an eligible general practitioner for the purposes of article 3(1)(a) if the person holds a qualification in general practice listed in Annex V, point 5.1.4 of the Directive that was issued in a relevant European state, on or after the reference date and is not evidence of training commenced by the holder before that date, other than a qualification that has been designated by the General Council for the purposes of this paragraph. (1A) The General Council— (a) may designate a qualification for the purposes of paragraph (1) only with the approval of the Privy Council; (b) must maintain and publish a list of the qualifications that are so designated. (1B) In paragraph (1), “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 5.1.4 of the Directive.

(3) In paragraph (4), omit “Subject to paragraph 5,”.

(4) Omit paragraphs (5) to (7).

40

Omit article 5 (general systems general practitioners eligible for entry in the General Practitioner Register).

41

In article 6 (persons with acquired rights), in paragraph (5), omit “other than the United Kingdom”.

42

(1) Article 7 (persons eligible to be registered in, and liable to removal from, the Specialist Register) is amended as follows.

(2) In paragraph (1), omit sub-paragraphs (b) and (c) (including the “or” before sub-paragraph (b)).

(3) Omit paragraph (2).

43

(1) Article 8 (specialists eligible for entry in the Specialist Register) is amended as follows.

(2) For paragraph (1) substitute—

(1) A person is an eligible specialist for the purposes of article 7(1)(a) if the person holds a relevant European specialist qualification (within the meaning of article 10).

(3) In paragraphs (2) and (3), for “Subject to paragraph (4), a” substitute “ A ”.

(4) Omit paragraphs (4) and (5).

44

Omit article 9 (general systems specialists eligible for entry in the Specialist Register).

45

(1) Article 10 (recognised specialist qualifications granted outside the United Kingdom) amended as follows.

(2) For the heading, substitute “ Relevant European specialist qualifications ”.

(3) For paragraph (1), substitute—

(1) In Article 8(1) “relevant European specialist qualification” means a specialist qualification listed in Annex V, point 5.1.2 of the Directive which— (a) was awarded— (i) in a relevant European State, (ii) on or after the reference date, not being evidence of training commenced by the holder before that date, and (iii) in a recognised specialty, and (b) has not been designated by the General Council for the purposes of this paragraph. (1A) The General Council— (a) may designate a qualification for the purposes of paragraph (1) only with the approval of the Privy Council; (b) must maintain and publish a list of the qualifications that are so designated.

46

In article 11 (recognised specialities within the United Kingdom), omit paragraph (2).

47

(1) Article 12 (partial exemption) is amended as follows.

(2) In paragraph (1), for “The registrar may exempt a person” substitute “ Where a person has made an application before IP completion day for inclusion in the General Practitioner Register kept under section 34C of the Act, or the Specialist Register kept under section 34D of the Act, the Registrar may exempt the person ”.

(3) In paragraph (2)(a), after “has” insert “ before IP completion day”.

48

For the Schedule (recognised specialities within the United Kingdom) substitute—

SCHEDULE Anaesthetics Acute internal medicine Allergy Audio vestibular medicine (formerly known as audiological medicine) Aviation and space medicine Cardiology (formerly known as cardio-vascular disease) Cardio-thoracic surgery (also known as thoracic surgery) Chemical pathology (also known as biological chemistry and as clinical biochemistry) Child and adolescent psychiatry (also known as child psychiatry) Community sexual health and reproduction Clinical genetics Clinical neurophysiology Clinical oncology (also known as radiotherapy) Clinical pharmacology and therapeutics (also known as pharmacology) Clinical radiology (also known as diagnostic radiology and formerly known as radiology) Dermatology Diagnostic neuropathology Emergency medicine (also known as accident and emergency medicine) Endocrinology and diabetes mellitus (also known as endocrinology) Forensic histopathology Forensic psychiatry Gastro-enterology General psychiatry (also known as psychiatry, as general adult psychiatry, and as mental illness) General (internal) medicine (formerly known as general medicine) General surgery Genito-urinary medicine (also known as venerology) Geriatric medicine (formerly known as geriatrics) Haematology (also known as general haematology) Histopathology Immunology (also known as immunopathology) Intensive care medicine Infectious diseases (also known as communicable diseases) Medical microbiology (also known as microbiology and bacteriology) Medical oncology Medical ophthalmology Medical psychotherapy (formerly known as psychotherapy) Medical virology Neurology Neurosurgery (also known as neurological surgery) Nuclear medicine Obstetrics and gynaecology Occupational medicine Old age psychiatry Ophthalmology Oral and maxillo-facial surgery (also known as dental, oral and maxillo-facial surgery (basic medical and dental training)) Otolaryngology (also known as otorhinolaryngology, and as ENT surgery) Paediatric surgery Paediatric cardiology Paediatric and perinatal pathology Paediatrics Palliative medicine Pharmaceutical medicine Plastic surgery Psychiatry of learning disability Public health medicine (also known as community medicine) Rehabilitation medicine Renal medicine (also known as renal disease, and formerly known as nephrology) Respiratory medicine (also known as thoracic medicine) Rheumatology Trauma and orthopaedic surgery (also known as orthopaedics, and formerly as orthopaedic surgery) Tropical medicine Sport and exercise medicine Urology Vascular surgery.

General Medical Council (Applications for General Practice and Specialist Registration) Regulations 2010

49

The General Medical Council (Applications for General Practice and Specialist Registration) Regulations 2010 are amended as follows.

50

In regulation 2 (interpretation), in paragraph (2)—

(a) in sub-paragraph (a), for “competent authority or authorities of the United Kingdom under Article 56 of the Directive” substitute “ General Council ”;

(b) in sub-paragraph (b), omit “other than the United Kingdom”.

51

In regulation 5 (evidence), in paragraph (1), omit sub-paragraph (i).

52

(1) Regulation 6 (collection of information, evidence and advice) is amended as follows.

(2) In paragraph (1), for “Subject to paragraph (3), the” substitute “ The ”.

(3) Omit paragraph (3).

53

Omit regulation 7 (statements of eligibility).

54

(1) Regulation 8 (determination of applications) is amended as follows.

(2) In paragraph (1), in sub-paragraph (a), omit the words from “including” to “Act”.

(3) Omit paragraph (2).

(4) In paragraph (3), omit the words from “, unless” to the end.

General Medical Council (Form and Content of the Registers) Regulations No 2 2010

55

The General Medical Council (Form and Content of the Registers) Regulations No 2 2010 are amended as follows.

56

In regulation 2 (interpretation), in the list of defined terms beginning “the Principal List”, for “, “the visiting doctors list” and “the list of visiting medical practitioners from relevant European States”” substitute “and “the visiting doctors list””.

57

In regulation 4 (form and keeping of registers), omit paragraph (d).

58

In regulation 5 (entries in the register), omit paragraph (f).

General Medical Council (Licence to Practise and Revalidation) Regulations 2012

59

The General Medical Council (Licence to Practise and Revalidation) Regulations 2012 are amended as follows.

60

In regulation 3 (grant or refusal of a licence) , in paragraph (1)(a), omit “18 (visiting medical practitioners from relevant European States),”.

61

In regulation 4 (withdrawal of a licence), in paragraph (2)—

(a) in paragraph (c), for “another”, substitute “ a ”;

(b) omit sub-paragraph (f).

62

In regulation 6 (revalidation), in paragraph (2)(a), omit “18 (visiting medical practitioners from relevant European States),”.

The National Health Service Pension Scheme Regulations 2015

63

In the National Health Service Pension Scheme Regulations 2015 , in Schedule 15 (definitions), in column 2 of the entry for “CCT”, omit the words from “including” to the end.

The National Health Service (General Medical Services Contracts) Regulations 2015

64

In the National Health Service (General Medical Services Contracts) Regulations 2015 , in regulation 3 (interpretation), in the definition of “CCT”, omit the words from “including” to the end.

The National Health Service (Personal Medical Services Agreements) Regulations 2015

65

In the National Health Service (Personal Medical Services Agreements) Regulations 2015 , in regulation 3 (interpretation), in the definition of “CCT”, omit the words from “including” to the end.

PART 2 — Savings and transitional provision

General Practitioner Register and Specialist Register

66

(1) Where an application for inclusion in the General Practitioner Register kept under section 34C of the Medical Act 1983 or the Specialist Register kept under section 34D of that Act is received before IP completion day, provisions of that Act, the Postgraduate Medical Education and Training Order of Council 2010 and the General Medical Council (Applications for General Practice and Specialist Registration) Regulations 2010 (except for provisions listed in sub paragraph (3)) continue to apply in relation to the application (including any appeal arising from it) without the amendments made to those enactments by Part 1 of this Schedule.

(2) Where a provision continues to apply by virtue of paragraph (1), it is to be read as if, in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

(3) The provisions listed in this paragraph are the following provisions listed in the table in Schedule 4A (Directive 2005/36: Functions of the General Council Under Section 49B(3)) to the Medical Act 1983—

(a) Article 50(3b);

(b) Article 56(2) in respect of the words “and through the IMI”;

(d) Article 56a(3) in respect of the words “by way of an alert through the IMI,”;

(e) Article 56a(5), (6) and (7).

IMI alerts

67

(1) Where an alert has been sent by the General Medical Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 as they then had effect, the decision to send the alert continues to be appealable for the purposes of section 40 of the Medical Act 1983 (subject to the provisions of that Act) despite the repeal of section 40(1B).

(2) In disposing of such an appeal, the powers of the court (or the sheriff) are, instead of those set out in section 40(8) of the Medical Act 1983—

(a) to dismiss the appeal, or

(b) to allow the appeal ....

Visiting medical practitioners: saving of old law for up to one year

68

(1) Where, immediately before IP completion day—

(a) a visiting practitioner was entitled under paragraph 4 (entitlement to provide occasional medical services: first year) or 7 (entitlement to provide occasional medical services after first year: renewals) of Schedule 2A to the Medical Act 1983 to provide occasional medical services, or

(b) the Registrar was in receipt of the required documents (within the meaning of paragraph 5 (first provisions of services: required documents) of that Schedule) from a visiting practitioner seeking to acquire that entitlement,

any provision made by or under that Act continues to apply in relation to the visiting practitioner without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting medical practitioners from relevant European States (but subject to the modifications to Schedule 2A to that Act specified in sub-paragraph (4)).

(2) But a visiting practitioner's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the Medical Act 1983 on or after IP completion day (and, accordingly, the entitlement lapses at end of the period mentioned in paragraph 8(1) or (2) (duration of entitlement to provide occasional medical services) of that Schedule).

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting practitioner.

(2B) But a Swiss visiting practitioner’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the Medical Act 1983 after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C) In this paragraph, “Swiss visiting practitioner” means a visiting practitioner who—

(a) is a national of the United Kingdom or a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a regulated profession, no less favourably than a United Kingdom or Swiss national.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting medical practitioners from relevant European States” are to the provisions listed in the following table.

Act or instrument	Provision relating to visiting medical practitioners
Medical Act 1983	section 2(2)((d)
Medical Act 1983	section 18
Medical Act 1983	section 30(1)(d)
Medical Act 1983	section 32(5)
Medical Act 1983	section 44B(1) and (2)
Medical Act 1983	section 44C(11)
Medical Act 1983	in section 55(1), the definition of “fully registered person”
Medical Act 1983	Schedule 1, paragraph 10
Medical Act 1983	Schedule 2A
Medical Act 1983	Schedule 3, paragraph 7
Medical Act 1983	Schedule 3A, paragraphs 1 and 2(1)(q)
Postgraduate Medical Education and Training Order of Council 2010	article 3(1)(c) and (2)
Postgraduate Medical Education and Training Order of Council 2010	article 7(1)(c) and (2)
General Medical Council (Form and Content of the Registers) Regulations No 2 2010	regulation 2
General Medical Council (Form and Content of the Registers) Regulations No 2 2010	regulation 4(d)
General Medical Council (Form and Content of the Registers) Regulations No 2 2010	regulation 5(f)
General Medical Council (Licence to Practise and Revalidation) Regulations 2012	regulation 3(1)
General Medical Council (Licence to Practise and Revalidation) Regulations 2012	regulation 4(2)(f)
General Medical Council (Licence to Practise and Revalidation) Regulations 2012	regulation 6(2)

(4) The modifications to Schedule 2A to the Medical Act 1983 mentioned in sub-paragraph (1) are—

(a) paragraph 1 (application and interpretation) is to be read as if for that paragraph there were substituted—

(1) (1) This Schedule applies to a Swiss visiting practitioner who is lawfully established in medical practice in Switzerland. (2) In this Schedule, “Swiss visiting practitioner” has the meaning given in paragraph 68(2C) of Schedule 1 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

(b) paragraph 2 is to be read as if —

(i) before paragraph (a) there were inserted—

(za) an “existing contract” means a written contract which was concluded, and the performance of which started, before IP completion day;

(ii) in paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”;

(iii) in paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”;

(iv) in paragraph (c), after “basis” there were inserted—

— (i) on the basis of one or more existing contracts, and (ii) for a period not exceeding 90 days in total in any calendar year

(aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb) in paragraph (c), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”;

(d) paragraph 7 is to be read as if—

(i) sub-paragraphs (3) and (4) were omitted;

(ii) after sub-paragraph (6)(a), there were inserted—

(aa) contains details of the existing contract or contracts on the basis of which the occasional medical services will continue to be provided; (ab) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality; (ac) if the practitioner is not a national of the United Kingdom or Switzerland, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner;

(e) paragraph 8(7) (duration of entitlement to provide occasional medical services) is to be read as if, for paragraph (b), there were substituted—

(b) (i) 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 medical services, or (ii) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional medical services, is terminated or otherwise expires,

SCHEDULE 2 — Pharmacists and pharmacy technicians

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule—

(a) “the 1968 Act” means the Medicines Act 1968 ;

(b) “the 2010 Order” means the Pharmacy Order 2010 .

Medicines Act 1968

2

The 1968 Act is amended as follows.

3

In section 67E (interpretation of provisions about defences) , in the definition of “registrant”—

(a) in paragraph (a), for “2, 4 or 5” substitute “ or 2 ”;

(b) in paragraph (b), omit the words from “or the register” to “European State”.

4

In section 69 (general provisions about pharmacies) , omit subsection (1ZA).

5

In section 71 (business carried on by body corporate) , omit subsection (7).

6

In section 78 (restrictions on use of titles etc.) —

(a) in subsection (5), omit the words from “or in the” to “European State”;

(b) in subsection (5A), omit “or 4”.

Pharmacy Order 2010

7

The 2010 Order is amended as follows.

8

In article 3 (interpretation) , in sub-paragraph (1)—

(a) for the definition of “the Directive” substitute—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(b) omit the definitions of “competent authority”, “Directive 2002/58/EC”, “European mutual recognition area”, “European professional card”, “exempt person”, “General Systems Regulations”, “IMI”, “IMI file” and “third country”;

(d) in the definition of “registered pharmacy technician”, omit “or 5”.

9

In article 19 (establishment, maintenance of, and access, to the Register), in paragraph (2)—

(a) in the words before paragraph (a), for “five” substitute “ three ”;

(b) in paragraphs (a) and (b), omit “other than visiting practitioners”;

(d) omit sub-paragraph (d) (including the final “and”);

(e) omit sub-paragraph (e).

10

In article 20 (entitlement to entry in Parts 1 or 2 of the Register), for paragraph (4), substitute—

(4) The Registrar must treat a person who— (a) applies to be entered in Part 1 of the Register as a pharmacist, (b) qualified as a pharmacist in a relevant European State, (c) was, on IP completion day, in the register of pharmaceutical chemists for Northern Ireland, or was entered in that register on or after IP completion day further to an application made before IP completion day, and (d) has remained in that register since IP completion day or, as the case may be, since that entry (disregarding any period in which the person was not in the register as a result of a decision that was later overturned in an appeal or other legal proceeding), as meeting the requirements of paragraph (1)(a)(i).

11

(1) Article 21 (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a), omit the words from “(and” to the end;

(b) omit sub-paragraph (b);

(d) in sub-paragraph (d)—

(i) in the words before paragraph (i), omit “subject to paragraph (2),”;

(ii) omit paragraph (ii)(aa) (including the final “or”);

(iii) in paragraph (ii)(bb), omit “whether or not P is an exempt person,”.

(3) After paragraph (1), insert—

(1A) A relevant European qualification is to be treated as a qualification which has been approved under paragraph (1)(d)(i). (1B) In this article “relevant European qualification” means— (a) a qualification that falls within article 21A and has not been designated by the Council for the purposes of this sub-paragraph, or (b) a qualification in pharmacy that does not fall within article 21A but— (i) was granted in a relevant European State, and (ii) attests, in the opinion of the Council, to a comparable standard of proficiency to that attested to by a qualification approved under paragraph (1)(a). (1C) The Council— (a) may designate a qualification for the purposes of paragraph (1B)(a) only with the approval of the Privy Council; (b) must maintain and publish a list of the qualifications that are so designated.

(4) Omit paragraphs (2) to (5).

12

After article 21, insert—

(21A) (1) Subject to the following provisions of this article, a qualification falls within this article if it was awarded in a relevant European State and is listed in Annex V, point 5.6.2 of the Directive. (2) A qualification falls within this article only if it is accompanied, where applicable, by the certificate listed in relation to the qualification in the column entitled “Certificate accompanying the diploma” in Annex V, point 5.6.2 of the Directive. (3) A qualification does not fall within this article if it was awarded before the reference date, or is evidence of training begun before that date. (4) In paragraph (3) “reference date” means the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.6.2 of the Directive.

13

(1) Article 22 (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacy technicians) is amended as follows.

(2) In paragraph (1)—

(a) in sub-paragraph (a), at the end insert “ or ”;

(b) omit sub-paragraph (b) (including the final “or”);

(i) in paragraph (i), omit the final “or”;

(ii) after paragraph (i), insert—

(ia) holds a qualification which was granted in a relevant European State and, despite its not having been approved under paragraph (i), attests, in the opinion of the Council, to a comparable standard of proficiency to that attested to by a qualification approved under paragraph (1)(a), or

(iii) omit paragraph (ii)(aa);

(iv) in paragraph (ii)(bb) omit “whether or not T is an exempt person,”.

(3) Omit paragraphs (2) and (3).

14

(1) Article 23 (form, manner and content of applications for entry or for renewal of an entry in the register: pharmacists and pharmacy technicians) is amended as follows.

(2) In paragraph (1)(c)—

(a) in paragraph (iii)—

(i) omit “who is not an exempt person”;

(ii) at the end insert “ and ”;

(b) omit paragraph (iv);

(3) Omit paragraphs (4) to (11).

15

In article 23A (supplementary provisions as to necessary knowledge of English) , omit paragraphs (5) and (7).

16

(1) Article 24 (notification by the Registrar: entry and renewal) is amended as follows.

(2) Omit paragraphs (2A) and (2B).

(3) In paragraph (3), for “specified period” substitute “ period of three months beginning with the relevant date ”.

(4) In paragraph (4)—

(a) omit sub-paragraph (a) (including the final “or”);

(b) in the words after sub-paragraph (b)—

(i) omit the words from “a decision”, where it first occurs, to “or”;

(ii) omit “(as the case may be)”;

(iii) for “specified period” substitute “ period of three months beginning with the relevant date ”.

(5) Omit paragraph (5).

(6) In paragraph (5A), for “any period of time for the purposes of paragraph (5)” substitute “ the period of three months for the purposes of paragraph (3) or (4) ”.

17

In article 29 (corrections to the Register), in paragraph (3)(a), omit “or in Part 4 or 5 of the Register”.

18

In article 32 (indemnity arrangements) , omit paragraph (11).

19

Omit article 33 (visiting pharmacists and pharmacy technicians from relevant European States).

20

Omit article 33A (European professional card) .

21

In article 36 (fees in connection with entry)—

(a) in paragraph (1), for “Subject to paragraph (3), the” substitute “ The ”;

(b) omit paragraph (3).

22

In article 37 (restoration to the Register), in paragraph (5), for “, 2, 4 or 5” substitute “ or 2 ”.

23

(1) Article 38 (offences relating to the Register) is amended as follows.

(2) In paragraph (2)—

(a) in sub-paragraph (a), omit “or 4”;

(b) in sub-paragraph (b), omit “or 5”.

(3) In paragraph (4)—

(a) in sub-paragraph (a), omit “or 4”;

(b) in sub-paragraph (b), omit “or 5”.

24

(1) Article 39 (appealable decisions) is amended as follows.

(2) In paragraph (1)—

(a) omit sub-paragraphs (a), (c), (cb) and (e);

(b) in sub-paragraphs (i) and (l), for “, 2, 4 or 5” substitute “ or 2 ”;

(3) Omit paragraph (1A).

25

In article 40 (appeals to the Appeals Committee) —

(a) omit paragraph (1A);

(b) in paragraph (2), omit sub-paragraph (b) (together with the “or” before it);

(i) in sub-paragraph (b), omit the words from “or, in” to the end;

(ii) omit sub-paragraph (ca) (but not the final “or”).

26

In article 41 (appeals from the Appeals Committee) , in paragraph (4)—

(a) in sub-paragraph (b), omit the words from “or, in” to the end;

(b) omit sub-paragraph (ca) (but not the final “or”).

27

In article 42 (education, training and acquisition of experience) , in paragraph (1)(a), omit from “except” to “22(1)(b),”.

28

Omit article 42A (professional traineeships carried out in other relevant European States, etc) .

29

In article 43 (continuing professional development)—

(a) omit paragraph (5)(c);

(b) omit paragraph (8)(b);

30

In article 66 (rules), omit paragraph (2).

31

Omit article 67 (The Directive: designation of competent authority etc) .

32

Omit article 71 (review) .

33

Omit Schedule 2 (visiting pharmacists and pharmacy technicians from relevant European States) .

34

Omit Schedule 2A (European professional card) .

35

Omit Schedule 3 (The Directive: designation of competent authority etc) .

Medicines for Human Use (Clinical Trials) Regulations 2004

36

In the Medicines for Human Use (Clinical Trials) Regulations 2004 , in regulation 2(1) (interpretation), in the definition of “pharmacist”—

(a) in paragraph (a), omit “or 4”;

(b) in paragraph (b), omit the words from “, or the” to “European State,”.

Approved European Pharmacy Qualifications Order of Council 2007

37

The Approved European Pharmacy Qualifications Order of Council 2007 is revoked.

National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

38

In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 , in regulation 2 (interpretation), in paragraph (1), in the definition of “pharmacist”, omit “or 4”.

General Pharmaceutical Council (Registration) Rules 2010

39

(1) The General Pharmaceutical Council (Registration) Rules 2010 are amended as follows.

(2) In rule 10 (entry in the Register)—

(a) in paragraph (3)—

(i) omit sub-paragraphs (e), (f), (h) and (i);

(ii) in sub-paragraph (j)—

(aa) omit paragraph (i) (including the final “or”);

(bb) in paragraph (ii), omit from “in”, where it first occurs, to “way),”;

(iii) in sub-paragraph (k)—

(aa) omit paragraph (i) (including the final “and”);

(bb) in paragraph (ii), omit “whether or not the applicant is an exempt person,”;

(b) omit paragraph (3ZA);

(3) In the heading to Part 4, for “, 2, 4 and 5” substitute “ and 2 ”.

(4) In rule 18 (notice of intention to remove: stage 1)—

(a) in paragraph (1)(a), omit “, 4 or 5”;

(b) in paragraph (5)(a)(i), omit “, 4 or 5”.

(5) In rule 19 (subsequent action by Registrar: stage 2)—

(a) in paragraph (1), omit “, 4 or 5”;

(b) in paragraph (4)(a), omit “, 4 or 5”;

(6) In rule 20 (decisions in contested cases: stage 3), in paragraph (3)(a), omit “, 4 or 5”.

Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 2010

40

The Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 2010 is revoked.

General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011

41

(1) The General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011 are amended as follows.

(2) In rule 5 (steps which the Registrar may take)—

(a) in paragraph (2)(b), for “, 2, 4 or 5” substitute “ or 2 ”;

(b) omit paragraph (3).

(3) In rule 6 (remedial measures), in paragraph (1)(f), omit paragraph (ii) and the “or” before it.

(4) In rule 8 (subsequent action by the Registrar: stage 2), in paragraph (1), for “, 2, 4 or 5” substitute “ or 2 ”.

(5) In rule 9 (decisions in contested cases: stage 3), in paragraph (5), for “, 2, 4 or 5” substitute “ or 2 ”.

(6) In rule 11 (suspension from the register pending appeal), in paragraph (1)(a), for “, 2, 4 or 5” substitute “ or 2 ”.

Human Medicines Regulations 2012

42

In the Human Medicines Regulations 2012 , in regulation 8(1) (interpretation)—

(a) in the definition of “health care professional”, in paragraph (d), omit “or 5”;

(b) in the definition of “pharmacist”—

(i) in paragraph (a), omit “or 4”;

(ii) in paragraph (b), omit the words from “or the” to “European State”.

National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

43

In the National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013 , in regulation 2(1)—

(a) in the definition of “registered pharmacist”, omit “or 4”;

(b) in the definition of “registered pharmacy technician”, omit “or 5”.

PART 2 — Savings and transitional provision

Pending applications

44

Where an application for entry in, or restoration to, a part of the register kept under the 2010 Order is received before IP completion day, any provision made by or under that Order (except for provision contained in Schedule 2A to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

Visiting pharmacists and pharmacy technicians: saving of old law for up to one year

45

(1) Where, immediately before IP completion day—

(a) a visiting pharmacist or pharmacy technician was entitled under paragraph 3, 6, 11 or 14 of Schedule 2 to the 2010 Order to provide occasional pharmacy services, or

(b) the Registrar was in receipt of the required documents (within the meaning of paragraph 4 or 12 of that Schedule) from a pharmacist or pharmacy technician seeking to acquire that entitlement,

any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the pharmacist or technician without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting practitioners from relevant European States (but subject, in the case of a Swiss visiting practitioner, to the modifications to the 2010 Order specified in sub-paragraph (4)).

(2) But a visiting practitioner's entitlement does not continue (or further continue) under paragraph 6 or 14 of Schedule 2 to the 2010 Order on or after IP completion day (and, accordingly, the entitlement lapses at the end of—

(a) in the case of a pharmacist, the period mentioned in paragraph 7(1) or (2) of that Schedule;

(b) in the case of a pharmacy technician, the period mentioned in paragraph 15(1) or (2) of that Schedule).

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting practitioner.

(2B) But a Swiss visiting practitioner’s entitlement does not continue (or further continue) under paragraph 6 or 14 of Schedule 2 to the 2010 Order after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of—

(a) in the case of a pharmacist, the period mentioned in paragraph 7(1) or (2) of that Schedule;

(b) in the case of a pharmacy technician, the period mentioned in paragraph 15(1) or (2) of that Schedule).

(2C) In this paragraph, “Swiss visiting practitioner” means a visiting practitioner who—

(a) is a national of the United Kingdom or Switzerland, or

(b) a third country national, who was, immediately before IP completion day, entitled by virtue of an enforceable EU right to be treated, for the purposes of access to and pursuit of the profession of pharmacist or pharmacy technician, no less favourably than a national of the United Kingdom or Switzerland.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting practitioners from relevant European States” is to the provisions listed in the following table.

Instrument	Provision relating to visiting practitioners
The 1968 Act	section 67E
The 1968 Act	section 69(1ZA)
The 1968 Act	section 71(7)
The 1968 Act	section 78(5) and (5A)
The 2010 Order	in article 3(1), the definitions of “competent authority”, “exempt person”, “General Systems Regulations”, “registered pharmacist” and “registered pharmacy technician”
The 2010 Order	article 19(2)(d) and (e)
The 2010 Order	article 29(3)(a)
The 2010 Order	article 32(11)
The 2010 Order	article 33
The 2010 Order	article 36(3)
The 2010 Order	article 37(5)
The 2010 Order	article 38(2) and (4)
The 2010 Order	article 39(1)(c), (e), (i) and (l)
The 2010 Order	article 43(5)(c), (8)(b) and (9)
The 2010 Order	Schedule 2
Medicines for Human Use (Clinical Trials) Regulations 2004	regulation 2(1)
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009	regulation 2(1)
General Pharmaceutical Council (Registration) Rules 2010	rule 18(1)(a) and (5)(a)(i)
General Pharmaceutical Council (Registration) Rules 2010	rule 19(1), (4)(a) and (5)(b)
General Pharmaceutical Council (Registration) Rules 2010	rule 20(3)(a)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 5(2)(b) and (3)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 6(f)(ii)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 8(1)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 9(5)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 11(1)(a)
Human Medicines Regulations 2012	regulation 8(1)
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013	regulation 2(1)

(4) The modifications to the 2010 Order mentioned in sub-paragraph (1) are—

(a) article 3(1) is to be read as if in the definition of “competent authority” for “a relevant European State” there were substituted “Switzerland”;

(b) article 43(9) is to be read as if, for the words from “the relevant” to the end, there were substituted “Switzerland”;

(i) for paragraph 1(1), there were substituted—

(1) This Part of this Schedule applies to a Swiss visiting practitioner who is lawfully established as a pharmacist in Switzerland.

(ii) in paragraph 1(2)—

(aa) before paragraph (a), there were inserted—

(za) an “existing contract” means a written contract which was concluded, and performance of which started, before IP completion day; (zb) “Swiss visiting practitioner” has the meaning given in paragraph 45(2C) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

(bb) in paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”;

(cc) in paragraph (b), for the words from “the relevant” to the end, there were substituted “Switzerland”;

(dd) in paragraph (c), after “basis” there were inserted—

— (i) on the basis of one or more existing contracts, and (ii) for a period not exceeding 90 days in total in any calendar year.

(iii) in paragraph 4(2)—

(aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb) in paragraph (c), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”;

(iv) in paragraph 6—

(aa) sub-paragraphs (3) and (4) were omitted;

(bb) in sub-paragraph (6), after paragraph (a), there were inserted—

(aa) contains details of the existing contract or contracts on the basis of which the occasional pharmacy services will continue to be provided; (ab) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality; (ac) if the practitioner is not a national of the United Kingdom or Switzerland, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner;

(v) paragraph 7(7) is to be read as if, for paragraph (b), there were substituted—

(b) (i) immediately before the time when the supervision or, as the case may be, removal takes effect, the practitioner is entitled under this Part to provide occasional pharmacy services, or (ii) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional pharmacy services, is terminated or otherwise expires,

(d) Part 2 of Schedule 2 is to be read as if—

(i) in paragraph 9(1), for the words from “an exempt person” to the end, there were substituted “a Swiss visiting practitioner who is lawfully established as a pharmacy technician in Switzerland”;

(ii) in paragraph 9(2)—

(aa) before paragraph (a) there were inserted—

(za) an “existing contract” means a written contract which was concluded, and performance of which started, before IP completion day; (zb) “Swiss visiting practitioner” has the meaning given in paragraph 45(2C) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

(bb) in paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”;

(cc) in paragraph (b), for the words from “the relevant” to the end, there were substituted “Switzerland”;

(dd) in paragraph (c), after “basis” there were inserted—

— (i) on the basis of one or more existing contracts, and (ii) for a period not exceeding 90 days in total in any calendar year.

(iii) in paragraph 12(2)—

(aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb) in paragraph (c), for the words from “a relevant European State” to the end there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”;

(iv) in paragraph 14—

(aa) sub-paragraphs (3) and (4) were omitted;

(bb) in sub-paragraph (6), after paragraph (a), there were inserted—

(aa) contains details of the existing contract or contracts on the basis of which the occasional pharmacy services will continue to be provided; (ab) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality; (ac) if the practitioner is not a national of the United Kingdom or Switzerland, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner;

(v) in paragraph 15(6), after paragraph (a), there were inserted—

(aa) ceases to have a valid contract to provide occasional pharmacy services, because the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional pharmacy services, is terminated or otherwise expires; or

European Professional Card

46

(1) Sub-paragraph (2) applies where, immediately before IP completion day—

(a) a person held a valid European professional card for establishment as a pharmacist in Great Britain, or

(b) the General Pharmaceutical Council was in receipt of a person's application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.

(2) For the purposes of registration in the register kept under the 2010 Order, the person is not required to resubmit any document or evidence held by the Council which is derived from the person's IMI file and which does not appear to the Council to have become invalid.

(3) In this paragraph—

(a) “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), as it had effect immediately before IP completion day;

(b) “IMI file” has the meaning given by article 3 of the 2010 Order as it had effect immediately before IP completion day.

47

(1) Where, immediately before IP completion day, a person was entitled as mentioned in paragraph 15(2) of Schedule 2A to the 2010 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 of this Schedule to the provisions relating to the provision of occasional pharmacy services by holders of a European professional card.

(2) For the purposes of paragraph 15(4)(a) of Schedule 2A to the 2010 Order as it continues to apply by virtue of sub-paragraph (1)—

(a) a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning on the day on which it was transmitted;

(b) a European professional card that was issued as mentioned in paragraph 15(1)(b) of that Schedule is to be treated as becoming invalid on the expiry of the period of 12 months beginning with the day on which it was issued.

(3) The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional pharmacy services by holders of a European professional card” is to the provisions listed in the following table.

Instrument	Provision relating to visiting practitioners
The 1968 Act	section 67E
The 1968 Act	section 69(1ZA)
The 1968 Act	section 71(7)
The 1968 Act	section 78(5) and (5A)
The 2010 Order	in article 3(1), the definitions of “competent authority”, “European professional card”, “General Systems Regulations”, “IMI”, “IMI file” and “registered pharmacist”
The 2010 Order	article 19(2)(d)
The 2010 Order	article 29(3)(a)
The 2010 Order	article 33A
The 2010 Order	article 36(3)
The 2010 Order	article 37(5)
The 2010 Order	article 38(2) and (4)
The 2010 Order	article 39(1)(c), (i) and (l)
The 2010 Order	article 43(5)(c), (8)(b) and (9)
The 2010 Order	in Schedule 2A, paragraphs 2 (except the definitions of “automatically recognised pharmacist”, “EPC holder” and “missing document”), 15 and 16
Medicines for Human Use (Clinical Trials) Regulations 2004	regulation 2(1)
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009	regulation 2(1)
General Pharmaceutical Council (Registration) Rules 2010	rule 18(1)(a) and (5)(a)(i)
General Pharmaceutical Council (Registration) Rules 2010	rule 19(1), (4)(a) and (5)(b)
General Pharmaceutical Council (Registration) Rules 2010	rule 20(3)(a)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 5(2)(b) and (3)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 8(1)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 9(5)
General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules 2011	rule 11(1)(a)
Human Medicines Regulations 2012	regulation 8(1)
National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013	regulation 2(1)

48

(1) A decision within article 39(1)(u) of the 2010 Order taken before IP completion day, or a failure within article 39(1A) of that Order arising before IP completion day, continues to be appealable for the purposes of article 40 of that Order (subject to the provisions of the Order) despite the revocation of article 39(1)(u) and (1A).

(2) In disposing of such an appeal (or a further appeal under article 41 of the 2010 Order), the powers of the Appeal Committee (or the relevant court) are, instead of those set out in article 40(7) (or 41(4)) of the 2010 Order, to—

(a) dismiss the appeal, or

(b) allow the appeal and—

(i) direct the Council to take such steps as the Committee (or the relevant court) thinks fit to draw the findings of the Committee (or court) to the attention of the European Commission;

(ii) direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 45(1)(a), as a person who held a valid European professional card for establishment in Great Britain immediately before IP completion day,

and, in the case of an appeal under article 41, to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.

IMI alerts

49

(1) Where an alert has been sent by the General Pharmaceutical Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (as they had effect before IP completion day), the decision to send the alert continues to be appealable for the purposes of article 40 of the 2010 Order (subject to the provisions of that Order) despite the revocation of article 39(1)(t).

(2) In disposing of such an appeal (or a further appeal under article 41 of the 2010 Order), the powers of the Appeal Committee (or the relevant court) are, instead of those set out in article 40(7) (or 41(4)) of the 2010 Order, to—

(a) dismiss the appeal, or

(b) allow the appeal ...,

and, in the case of an appeal under article 41, to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.

Interpretation of saved provisions

50

Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in article 3(1) of the 2010 Order—

(i) there were substituted for the definition of “the Directive”—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(ii) there were inserted at the appropriate place—

“enforceable EU right” means a right recognised and available in domestic law, immediately before IP completion day, by virtue of section 2(1) of the European Communities Act 1972;

(iii) in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—

(a) a person who, immediately before IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of pharmacist or pharmacy technician by virtue of an enforceable EU right, or (c) a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of pharmacist or pharmacy technician, no less favourably than a national of a relevant European State;

(iv) in the definition of “General Systems Regulations” (other than that definition as it continues to apply by virtue of paragraph 44A or 44B of this Part), at the end there were inserted—

(a) in relation to anything done before IP completion day, as they had effect at that time; (b) otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;

(b) in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

SCHEDULE 3 — Dentists and dental care professionals

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule—

“the 1984 Act” means the Dentists Act 1984 ;

“the 1998 Regulations” means the European Primary and Specialist Dental Qualifications Regulations 1998 .

Dentists Act 1984

2

The 1984 Act is amended as follows.

3

In section 12A (degrees and licences) , in subsection (2), in the definition of “basic dental training”, for “is to” substitute “ would ”.

4

In section 14 (dentists register) , in subsection (1A)—

(a) for “three” substitute “ two ”;

(b) at the end of paragraph (a), insert “ and ”;

5

In section 15 (qualification for registration) —

(a) in subsection (1)—

(i) at the end of paragraph (a), insert “ and ”;

(ii) omit paragraphs (b) and (ba) (including the final “and”);

(b) for subsection (2), substitute—

(2) In this Act “recognised overseas diploma” means— (a) a relevant European diploma, or (b) any other diploma granted in a country overseas that is recognised for the time being by the Council for the purposes of this Act. (2ZA) In this Act “relevant European diploma” means— (a) an appropriate European diploma, within the meaning given by Schedule 2, that has not been designated by the Council for the purposes of this paragraph, or (b) a dental qualification that is not an appropriate European diploma but— (i) was granted in a relevant European State, and (ii) demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a UK diploma in dentistry (within the meaning given by section 12A(2)). (2ZB) The Council— (a) may designate a diploma for the purposes of subsection (2ZA)(a) only with the approval of the Privy Council; (b) must maintain and publish a list of the diplomas that are so designated.

(d) after subsection (4), insert—

(4ZA) Subsection (4)(c) does not apply to a person whose application under this section is made in reliance on a relevant European diploma.

(e) omit subsections (4A) to (4C).

6

In section 15A (necessary knowledge of English) , omit subsections (5) and (7).

7

In section 16 (overseas diplomas) , omit subsections (2A) and (2B).

8

In section 17 (temporary registration) —

(a) omit subsection (3A);

(b) in subsection (3B), omit “(except subsection (5))”.

9

In section 18 (registration procedure) , omit subsections (2A) and (2B).

10

In section 19 (registration regulations) —

(a) in subsection (1), for “Subject to subsection (1A), the” substitute “ The ”;

(b) omit subsection (1A).

11

In section 21A (notification of result of application) —

(a) omit subsections (2A) and (2B);

(b) in subsection (3), for the words from “application—” to the end substitute “ application within the period of three months beginning with the relevant date. ”.

12

In section 26A (indemnity requirements) , omit subsection (11).

13

In section 29 (appeals) —

(a) in subsection (1), omit paragraph (d);

(b) in subsection (1B), omit “or regulation 67 of the General System Regulations,”;

(i) in paragraph (b), omit the words after “against”;

(ii) in paragraphs (c) and (d), omit “the Council,”.

14

Omit section 34AA (professional training and development for visiting dentists) .

15

In section 35 (effect of disqualification in relevant European States) —

(a) in subsection (1), for “15(1)(b) or (ba) above” substitute “ 15(1)(c) in reliance on a relevant European diploma ”;

(b) in subsection (3), for the words from “is registered” to “when he is” substitute “ has been registered under section 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before IP completion day, when he was ”;

(c) in subsection (5), for “15(1)(b) or (ba)” substitute “ 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before IP completion day, ”.

16

Omit section 36 (visiting dentists from relevant European states) .

17

Omit sections 36ZA (designation of competent authority) and 36ZB (fees for certificates) .

18

In section 36B (dental care professionals register) , for subsection (1A) substitute—

(1A) The dental care professionals register shall contain particulars of persons who under section 36C are entitled to be registered in the dental care professionals register.

19

In section 36C (qualifications for registration) —

(a) in subsection (1), for paragraphs (a) and (b) substitute—

(a) of matter A or C, and (b) of matter D.

(b) omit subsection (3);

(4A) Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that— (a) was granted in a relevant European State, and (b) demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2).

(d) in subsection (5), for paragraphs (a) and (b) substitute—

(a) shall take into account all that person's relevant qualifications, and all relevant knowledge or experience, wherever acquired, and (b) may determine that a person must perform to the satisfaction of the Council in any test or assessment specified in the determination.

(e) omit subsections (6A) and (6B).

20

In section 36CA (necessary knowledge of English) —

(a) omit subsections (5), (7) and (8);

(b) in subsection (14)(a), omit “the principal list of”.

21

In section 36E (rules relating to the register) , in paragraph (a), omit “the principal list of”.

22

In section 36F (registration fees) —

(a) in subsection (1), for “Subject to subsection (1A), the” substitute “ The ”;

(b) omit subsection (1A).

23

In section 36L (indemnity arrangements) , omit subsection (11).

24

In section 36S (appeals) —

(a) in subsection (1), omit paragraph (d);

(b) in subsection (3), omit “or regulation 67 of the General System Regulations,”;

(i) in paragraph (b), omit the words after “against”;

(ii) in paragraphs (c) and (d), omit “the Council,”.

25

Omit sections 36Z3 (visiting dental care professionals from relevant European states) and 36Z4 (training and development for visiting professionals) .

26

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

(a) omit the definitions of “competent authority”, “Directive 2002/58/EC”, “exempt person”, “the General Systems Regulations”, “IMI”, and “national”;

(b) for the definition of “the Directive” substitute—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

27

In Schedule 2 (European Dental Qualifications) —

(a) in paragraph 1(1), omit the definition of “medical qualification”;

(b) in paragraph 2—

(i) for “paragraphs 3, 3A and 4” substitute “ paragraph 3 ”;

(ii) for “any” substitute “ a ”;

(iii) for “15(1)(b)” substitute “ 15(2ZA) ”;

(iv) for “, provided that, where the diploma” substitute “ if it ”;

(v) after “Directive”, where it first occurs, insert “ and ”;

(i) for “15(1)(b)” substitute “ 15(2ZA) ”;

(ii) omit the words from “unless” to the end;

(d) omit paragraphs 3A to 10.

28

In Schedule 2A (registration appeals) —

(a) in paragraph 1—

(i) in the definition of “appealable registration decision”, omit “and (4)”;

(ii) in the definition of “person concerned”, omit “or (4)”;

(iii) in the definition of “the requisite period”—

(aa) omit “(ba),”;

(bb) for “, (i) or (j)” substitute “ or (i) ”;

(cc) omit the words after “the decision”, where it first appears;

(b) in paragraph 2(1)—

(i) in paragraph (a), omit “, (b)”;

(ii) omit paragraphs (aa), (ab), (ba) and (bb);

(iii) omit paragraphs (j), (k) and (l);

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

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

Citation, commencement and extent

1

Medical practitioners

2

Pharmacists and pharmacy technicians

3

Dentists and dental care professionals

4

Nurses, midwives and nursing associates

5

Opticians

6

Osteopaths

7

Chiropractors

8

Health and social work professionals

9

Social workers in Scotland

10

Social care workers in Northern Ireland

11

Social workers in England

12

References to the General Systems Regulations

13

Review of continued recognition of certain European qualifications

14

SCHEDULE 1 — Medical Practitioners

PART 1 — Amendments to legislation

Medical Act 1983

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

National Health Service Pension Scheme Regulations 2008

36

Postgraduate Medical Education and Training Order of Council 2010

37

38

39

40

41

42

43

44

45

46