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

Made: 1st November 2007

Laid before Parliament: 9th November 2007

Coming into force

The Secretary of State for Health, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the professions of dentistry, medicine, midwifery, nursing and pharmacy and their specialties , in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the profession of social worker , and in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations , makes the following Regulations in exercise of his powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State for Health that it is expedient for the references to Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications , or to a provision of that Directive, to be construed as references to that Directive, or to that provision of the Directive, as amended from time to time.

PART 1 — INTRODUCTORY

Citation, commencement and extent

1

• (1) These Regulations may be cited as the European Qualifications (Health and Social Care Professions) Regulations 2007.

• (2) These Regulations, except for those regulations specified in paragraph (3), shall come into force on 3rd December 2007.

• (3) Regulations 81 to 87, 93(e), (f), (g) and (h) and 94(b) shall come into force on the coming into force of article 21 of the Pharmacists and Pharmacy Technicians Order 2007 (the Register of Pharmacy Technicians).

• (4) The extent of any amendment made by these Regulations is the same as that of the enactment amended.

PART 2 — MEDICAL PRACTITIONERS: MEDICAL ACT 1983

Amendment of Medical Act 1983

2

The Medical Act 1983 is amended in accordance with this Part.

Amendment of section 2

3

In section 2 (registration of medical practitioners), for subsection (2)(d) substitute—

(d) the list of visiting medical practitioners from relevant European States

Amendment of section 3

4

In section 3 (registration by virtue of primary United Kingdom or primary European qualifications)—

• (a) in subsection (1)(b), for “any EEA State” substitute “ any relevant European State ”;

• (b) in subsection (2)—

• (i) in paragraph (a), for “an EEA State” substitute “ a relevant European State ”, and

• (ii) for paragraph (b) substitute—

(b) is, by virtue of an enforceable Community 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,

; and

• (c) omit subsection (3).

Amendment of section 5

5

In section 5 (general functions of the Education Committee in relation to medical education in the United Kingdom)—

• (a) in subsection (2A), for “article 23 of Directive 93/16/EEC” substitute “ article 24 of the Directive (basic medical training) ”;

• (b) omit subsection (2B); and

• (c) in subsection (4), for the definition of “Directive 93/16/EEC” 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 amended from time to time;

Amendment of section 10A

6

In section 10A (programmes for provisionally registered doctors), in subsection (6)(b), for “article 23 of Directive 93/16/EEC” substitute “ article 24 of the Directive (basic medical training) ”.

Amendment of section 14

7

In section 14 (alternative requirements as to experience in certain cases), in subsection (3), for “article 23 of Directive 93/16/EEC” substitute “ article 24 of the Directive (basic medical training) ”.

Insertion of section 14A

8

After section 14 insert—

(14A) is entitled to be registered under this section as a fully registered medical practitioner. (1) A person who is a national of a relevant European State— (a) whose case falls within regulation 3(9)(a) of the General Systems Regulations, (b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, (c) who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and (d) whose fitness to practise is not impaired, (2) Any person who— (a) is not a national of a relevant European State; but (b) is, by virtue of any enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State, shall be treated for the purposes of subsection (1) as if he were such a national.

Amendment of section 15A

9

In section 15A (provisional registration for EEA nationals)—

• (a) in the heading, after “EEA nationals” insert “ etc ”;

• (b) in subsections (1), (2) and (3)(a), for “an EEA State” substitute “ a relevant European State ”;

• (c) in subsection (3)(b), for “a right conferred by article 11 of Regulation (EEC) No 1612/68, or any other enforceable Community right” substitute “ any enforceable Community right ”; and

• (d) in subsection (5), for “Article 23, paragraph 1(a), (b) and (c) of Directive 93/16/EEC” substitute “ paragraph 3(a), (b) and (c) of article 24 of the Directive (basic medical training)& ”.

Amendment of section 16

10

In section 16 (registration of qualifications)—

• (a) in subsection (1)—

• (i) after “3,” insert “ 14A, ”, and

• (ii) for “the primary United Kingdom” substitute “ any primary United Kingdom ”;

• (b) in subsections (1)(a) and (2), for “Schedule 2 to this Act” substitute “ Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training) ”; and

• (c) in subsection (2), for “an EEA State” substitute “ a relevant European State ”.

Amendment of section 17

11

• (1) Section 17 (primary qualifications obtained in other EEA States) is amended as follows.

• (2) In the heading, for “EEA States” substitute “ relevant European States ”.

• (3) In subsection (1)—

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

• (b) for paragraphs (a) to (c) substitute—

(a) a qualification listed in Annex V, point 5.1.1 of the Directive which was obtained in a relevant European State on or after the reference date and is not evidence of training commenced by the holder before that date, provided that that qualification is accompanied, where appropriate, by the certificate listed in relation to that State in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; (b) subject to compliance with subsection (2) below, a qualification listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date; (ba) subject to compliance with subsection (2A) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained on or after the reference date and is not evidence of training commenced by the holder before that date; (c) subject to compliance with subsection (3) below, a qualification not listed in Annex V, point 5.1.1 of the Directive, which was obtained before the reference date, or on or after that date where training of which it is evidence was commenced by the holder before that date;

; and

• (c) in paragraph (e)(ii), for “the state or former state” substitute “ the former state ”.

• (4) For subsections (2) and (3) substitute—

(2) For compliance with this subsection in the case of any qualification, either— (a) evidence of the qualification must be— (i) such that the Registrar is satisfied (by means of a certificate of a competent authority of the relevant European State in which it was obtained or otherwise) that it accords with the standards laid down by article 24 of the Directive (basic medical training), and (ii) accompanied, where appropriate, by the certificate listed in relation to the State in which the qualification was obtained in the column of Annex V, point 5.1.1 of the Directive entitled “Certificate accompanying the qualifications”; or (b) evidence of the qualification must be accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in medical practice in that State for at least three consecutive years during the five years preceding the date of the certificate. (2A) For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of a competent authority of the relevant European State in which it was obtained to the effect that— (a) it is evidence of training which satisfies the requirements of article 24 of the Directive; and (b) it is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.1 of the Directive. (3) For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate such as is described in— (a) subsection (2)(b); or (b) subsection (2A).

• (5) In subsection (4)—

• (a) in paragraph (a), for “Schedule 2 to this Act” substitute “ Annex V, point 5.1.1 of the Directive ”; and

• (b) in paragraphs (a) and (b), for “the German medical authorities” substitute “ a competent authority of Germany ”.

• (6) In subsection (4A)—

• (a) in paragraph (a)—

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

• (ii) for “Schedule 2 to this Act” substitute “ Annex V, point 5.1.1 of the Directive ”;

• (b) in paragraph (b), for “those authorities” substitute “ a competent authority of that State ”; and

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

• (7) Omit subsection (5).

• (8) For subsection (6) substitute—

(6) In this section, “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 5.1.1 of the Directive.

Substitution of section 18

12

For section 18 (visiting EEC practitioners) substitute—

(18) Schedule 2A to this Act (visiting medical practitioners from relevant European States) shall have effect.

Amendment of section 19

13

In section 19 (full registration of EEA nationals etc by virtue of overseas primary qualifications etc)—

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

(aa) that, where— (i) that 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, the 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);

• (b) after subsection (1) insert—

(1A) Subsection (1) does not apply to persons entitled to be registered under section 14A or 19A.

• (c) for subsection (2) substitute—

(2) In this Act “exempt person” means a person who— (a) is a national of a relevant European State other than the United Kingdom; (b) is a national of the United Kingdom who is seeking access to, or is pursuing, the medical profession by virtue of an enforceable Community right; or (c) is not a national of a relevant European State, but is, by virtue of an enforceable Community 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.

; and

• (d) in subsection (3), for paragraph (a) substitute—

(a) if the applicant holds a medical qualification which was granted otherwise than in a relevant European State, but has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a medical practitioner in that State, the acceptance of that qualification; and

Insertion of section 19A

14

After section 19 insert—

(19A) An exempt person— (a) whose case falls within regulation 3(9)(e) of the General Systems Regulations, (b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, (c) who is permitted to pursue the profession of medical practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations), and (d) whose fitness to practise is not impaired, is entitled to be registered under this section as a fully registered medical practitioner.

Amendment of section 21

15

In section 21 (provisional registration of EEA nationals etc. with certain overseas qualifications), in subsection (2), after “paragraphs (a)” insert “ , (aa) ”.

Amendment of section 21B

16

In section 21B (full registration of persons with an overseas qualification), in subsection (1)—

• (a) at the end of paragraph (c) omit “and”; and

• (b) at the end of paragraph (d) insert—

and (e) that, where— (i) the person is an exempt person, (ii) his acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and (iii) 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),

Amendment of section 21C

17

In section 21C (provisional registration of persons with an overseas qualification), in subsection (2), for paragraph (a) substitute—

(a) of the matters specified in paragraphs (a), (c), (d) and (e) of subsection (1) of section 21B 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

Amendment of section 26

18

In section 26 (registration of qualifications), in subsection (1), after “19,” insert “ 19A, ”.

Amendment of section 30

19

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

• (a) in paragraph (a), for “3, 15 or 15A” substitute “ 3, 14A, 15, 15A or 19A ”; and

• (b) for paragraph (d) substitute—

(d) in the list of visiting medical practitioners from relevant European States, the names of persons entitled to be registered under Schedule 2A.

Amendment of section 32

20

In section 32 (registration fees), in subsection (5), for “as a visiting EEA practitioner” substitute “ in the list of visiting medical practitioners from relevant European States ”.

Amendment of section 40

21

In section 40 (appeals)—

• (a) in subsection (1), omit paragraph (c) and the word “or” preceding that paragraph;

• (b) in subsection (4), omit “or 45(7)”; and

• (c) in subsection (5)(c), omit “(including one appealing against a decision falling within subsection (1)(c) above)”.

Amendment of section 44

22

In section 44 (effect of disqualification in another member State on registration in the United Kingdom)—

• (a) in the heading, for “member State” substitute “ relevant European State ”;

• (b) in subsection (1)—

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

• (ii) after “section 3(1)(b)” insert “ , 14A or 19A ”;

• (c) in subsection (2)—

• (i) for “the EEA State” substitute “ the relevant European State ”,

• (ii) for “primary United Kingdom qualification or primary European qualification” substitute “ medical qualification ”, and

• (iii) in paragraph (b), after “prohibited” insert “ (whether on a permanent or temporary basis) ”;

• (d) in subsections (3), (5) and (6), after “section 3(1)(b)” insert “ , 14A or 19A ”; and

• (e) omit subsection (7).

Amendment of section 44B

23

In section 44B (provision of information in respect of fitness to practise matters)—

• (a) in subsection (1)—

• (i) after “provision of this Act” insert “ , other than Schedule 2A, ”,

• (ii) in paragraph (a), for “because of his involvement in a serious matter or a problem” substitute “ as a result of serious, specific circumstances or because of a problem ”, and

• (iii) in paragraph (b), for “that matter or problem” substitute “ those circumstances or that problem ”;

• (b) in subsection (2)—

• (i) in paragraph (a), for “section 18 above” substitute “ Schedule 2A ”, and

• (ii) in paragraph (b)—

• (aa) after “fully registered” insert “ otherwise than by virtue of Schedule 2A, ” and

• (bb) for “because of his involvement in a serious matter or a problem” substitute “ as a result of serious, specific circumstances or because of a problem ”;

• (c) for subsection (3) substitute—

(3) In subsections (1) and (2), “serious, specific circumstances” has the same meaning as in article 56(2) of the Directive (exchange between authorities of information about disciplinary action etc.).

• (d) omit subsections (5) to (9); and

• (e) after subsection (10) insert—

(11) Any provision made under subsection (2)(a) has effect subject to section 44BA below.

Insertion of section 44BA

24

After section 44B insert—

(44BA) (1) Subsections (2) to (5) apply in relation to an exempt person (“E”) who applies for registration under section 3(1)(b), 14A or 19A of this Act. (2) For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which— (a) attests to E's good physical and mental health; and (b) is required of a person who wishes to practise medicine in E's attesting State. (3) If no such certificate is required of persons who wish to practise medicine in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good health a certificate which— (a) attests to E's good physical and mental health; and (b) is issued by a competent authority in E's attesting State. (4) For the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate which— (a) attests to E's good character or good repute; and (b) is issued by a competent authority in E's attesting State. (5) If no such certificate is issued by a competent authority in E's attesting State, for the purpose of determining whether E's fitness to practise is impaired, the Registrar shall accept as sufficient evidence of E's good character a certificate— (a) attesting to the authenticity of a declaration on oath made by E— (i) before a competent judicial or admininstrative authority, notary or qualified professional body of E's attesting State, and (ii) attesting to E's good character; and (b) issued by the authority, notary or body referred to in paragraph (a)(i). In this subsection, “declaration on oath” includes a solemn declaration. (6) In subsections (2) to (5) the “attesting State”, in relation to E, is— (a) the relevant European State in which E obtained his medical qualification; or (b) (if different) the relevant European State from which E comes to the United Kingdom. (7) The Registrar shall not accept any certificate referred to in subsection (2), (3), (4) or (5) if it is presented more than three months after the date on which it was issued.

Repeal of section 45

25

Omit section 45 (disciplinary provisions affecting practitioners who render services while visiting the United Kingdom).

Amendment of section 46

26

In section 46 (recovery of fees)—

• (a) in subsection (1), for “subsection (2) or (2A)” substitute “ subsection (2A) ”; and

• (b) omit subsection (2).

Amendment of section 49

27

In section 49 (penalty for pretending to be registered)—

• (a) in subsection (1), omit “Subject to subsection (2) below,”; and

• (b) omit subsection (2).

Insertion of section 49B

28

In Part VII (miscellaneous and general), before section 50 insert—

(49B) (1) The General Council is designated as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the medical profession. (2) The designation under subsection (1)— (a) does not extend to matters relating to training to be, or qualifications or practice as, a general practitioner or a specialist medical practitioner; (b) does not extend to the awarding of primary United Kingdom qualifications. (3) Accordingly, the General Council shall in the United Kingdom carry out (in particular) the functions specified in Schedule 4A so far as those functions relate to matters other than specialist matters (as respects those functions so far as relating to specialist matters, see article 19 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order (S.I. 2003/1250)); and for this purpose each of the following is a “specialist matter”— (a) training to be a general practitioner or specialist medical practitioner; (b) qualifications as such a practitioner; (c) practice as such a practitioner. (4) The bodies and combinations of bodies specified in section 4(2) are designated as competent authorities in the United Kingdom for the purposes of awarding primary United Kingdom qualifications. (5) Subject to subsection (6), the Secretary of State may give directions to the General Council in connection with their functions specified in Schedule 4A, and it shall be the duty of the General Council to comply with any such directions. (6) Directions given under subsection (5) may be as to matters of administration only. (7) In Schedule 4A, “non-UK medical qualification” means a medical qualification that is awarded to a person by a competent authority of a relevant European State other than the United Kingdom.

Amendment of section 55

29

In section 55 (interpretation)—

• (a) in subsection (1)—

• (i) after the definition of “appointing body” insert—

• “competent authority” means any authority or body of a relevant European State designated by that State for the purposes of the Directive as competent to—
• receive or issue evidence of qualifications or other information or documents, or
• receive applications and take the decisions referred to in the Directive,
• “the Directive” has the meaning given by section 5(4) above;

• (ii) omit the definition of “Directive 93/16/EEC”;

• (iii) omit the definitions of “the EEA Agreement” and “EEA State”,

• (iv) in the definition of “fully registered person”, for the words before paragraph (a) substitute—

“fully registered person” means a person for the time being registered under section 3, 14A, 19, 19A, 21B, 27A or 27B above as a fully registered medical practitioner, or under Schedule 2A as a visiting medical practitioner from a relevant European State, and—

• (v) 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);

• (vi) in the definition of “national”, for “EEA State” substitute “ relevant European State ”, and

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

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

• (b) in subsection (2), for “that Directive” (in both places) substitute “ the Directive ”; and

• (c) after subsection (2) insert—

(3) In relation to anything done— (a) before the adoption by the Council and the European Parliament of the Directive, but (b) after the adoption by the Council of Directive 93/16/EEC, references in this Act to the Directive, or to any provision of the Directive, shall be construed as references to, or to any corresponding provision of, Directive 93/16/EEC as for the time being amended. (4) In this section, “Directive 93/16/EEC” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications (OJ No. L165, 7.7.93, p.1).

Amendment of Schedule 1

30

In Schedule 1 (the General Medical Council and its Committees, and the Branch Councils), in paragraph 10, for “section 18” substitute “ Schedule 2A ”.

Repeal of Schedule 2

31

Omit Schedule 2 (primary European qualifications).

Insertion of Schedule 2A

32

Before Schedule 3 insert—

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

Amendment of Schedule 3

33

• (1) Schedule 3 (registration: supplementary provisions) is amended as follows.

• (2) In paragraph 1(1), for “3, 15 or 15A” substitute “ 3, 14A, 15, 15A or 19A ”.

• (3) In paragraph 2(2)(a), after “section 3(1)(b)” insert “ , 14A or 19A ”.

• (4) In paragraph 3—

• (a) in sub-paragraph (1)—

• (i) for “3, 15 or 15A” substitute “ 3, 14A, 15, 15A or 19A ”,

• (ii) for “the primary United Kingdom” substitute “ any primary United Kingdom ”, and

• (iii) for “those sections” substitute “ section 3, 14A, 15 or 15A of this Act ”; and

• (b) after sub-paragraph (1) insert—

(1A) An exempt person (“A”) who— (a) makes an application for registration under section 3(1)(b) of this Act, (b) holds a qualification listed in Annex V, point 5.1.1 of the Directive (evidence of formal qualifications in basic medical training), and (c) satisfies the requirements of article 24 of the Directive (basic medical training), shall produce or send to the Registrar a certificate as mentioned in sub-paragraph (1B). (1B) The certificate— (a) must be a certificate issued by a competent authority in A's attesting State (as defined by section 44BA(6)); and (b) must certify that the document conferring or evidencing A's qualification produced or sent by A under sub-paragraph (1) is evidence of formal qualifications listed in relation to that State in Annex V, point 5.1.1 of the Directive.

• (5) After paragraph 4 insert—

(4A) An exempt person (“A”) making an application for registration under section 3(1)(b), 14A, 15A or 19A of this Act shall produce or send to the appropriate registrar— (a) if A is a national of a relevant European State, proof of A's nationality; (b) if A is not a national of a relevant European State, proof of the Community right by virtue of which A is an exempt person. (4B) Where a person makes an application for registration under section 3, 14A, 15, 15A or 19A of this Act, the appropriate registrar, within the period of one month beginning with the date of receipt of the application, must— (a) acknowledge receipt of the application; and (b) inform the applicant of any missing document required for the purposes of the application.

• (6) In paragraph 5—

• (a) in sub-paragraph (1), for “3, 15 or 15A” substitute “ 3, 14A, 15, 15A or 19A ”; and

• (b) for sub-paragraph (1A) substitute—

(1A) In this paragraph “the requisite period”— (a) in the case of an application under section 14A or 19A of this Act, means the period of four months beginning with— (i) the date when the Registrar receives the application, or (ii) if any document required for the purposes of the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes; and (b) in the case of any other application, means the period of three months beginning with the date on which the appropriate registrar receives all the documents enabling him to be satisfied of the applicant's entitlement to be registered in accordance with the application.

• (7) For paragraph 7, and the preceding heading, substitute—

(7) (1) No application shall be required in respect of registration in the list of visiting medical practitioners from relevant European States. (2) The Registrar may issue certificates of registration to persons who are registered in the list of visiting medical practitioners from relevant European States.

Amendment of Schedule 3A

34

In Schedule 3A (registration appeals)—

• (a) in paragraph 1, in the definition of “person making the decision”, in paragraph (b)—

• (i) omit “18,”, and

• (ii) after “of this Act,” insert “ or under Schedule 2A to this Act, ”;

• (b) in paragraph 2(1)—

• (i) after paragraph (a) insert—

(aa) a decision on an application made under Schedule 3 to this Act not to register the applicant under section 14A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc without certain acquired rights certificates); (ab) a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 14A(1) to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;

• (ii) omit paragraph (e),

• (iii) after paragraph (f) insert—

(fa) a decision on an application made under Schedule 3 to this Act not to register the applicant under section 19A of this Act as a fully registered medical practitioner (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom); (fb) a decision under Part 3 of the General Systems Regulations to require an exempt person within paragraphs (a) and (b) of section 19A to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue the profession of medical practitioner in the United Kingdom;

• (iv) in paragraph (n), in sub-paragraph (i) omit “or (7)”, and

• (v) after paragraph (p) insert—

(q) a decision that a person shall not, or shall no longer, be registered under Schedule 2A to this Act in the list of visiting medical practitioners from relevant European States.

; and

• (c) in paragraph 3(2), for “3, 15, 15A, 19 or 21” substitute “ 3, 14A, 15, 15A, 19, 19A or 21 ”.

Amendment of Schedule 4

35

In Schedule 4 (proceedings before the Investigation Committee, Interim Orders Panels and Fitness to Practise Panels), in paragraph 8, in sub-paragraph (1), for “41(10), 41A(5) or 45(7)” substitute “ 41(10) or 41A(5) ”.

Insertion of Schedule 4A

36

After Schedule 4 insert—

SCHEDULE 4A

Provision of Directive	Function of General Council	Function of General Council
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as medical practitioners.	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as medical practitioners.
Article 8(1)	Receiving information from, or providing information to, other competent authorities in relation to—	Receiving information from, or providing information to, other competent authorities in relation to—
	(a)	the legality of a person's establishment as a medical practitioner;
	(b)	the good conduct of such a person;
	(c)	the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing medical services.	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing medical services.
Article 23(1)	Issuing certificates of effective and lawful practice in the United Kingdom to medical practitioners.	Issuing certificates of effective and lawful practice in the United Kingdom to medical practitioners.
Article 23(6)	Issuing certificates stating that medical qualifications awarded in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.1.1 of Annex V to the Directive, certify successful completion of basic medical training that is in accordance with article 24 of the Directive.	Issuing certificates stating that medical qualifications awarded in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.1.1 of Annex V to the Directive, certify successful completion of basic medical training that is in accordance with article 24 of the Directive.
Article 50(1) and paragraph 1(b) of Annex VII	Providing information to other competent authorities concerning the training in the United Kingdom of a medical practitioner to whom Chapter 1 of Part 3 of the General Systems Regulations applies.	Providing information to other competent authorities concerning the training in the United Kingdom of a medical practitioner to whom Chapter 1 of Part 3 of the General Systems Regulations applies.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of practice as a medical practitioner, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.	Issuing, in respect of practice as a medical practitioner, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 1(e) of Annex VII	Issuing, in respect of practice as a medical practitioner, the certificates of good health referred to in sub-paragraph (e) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.	Issuing, in respect of practice as a medical practitioner, the certificates of good health referred to in sub-paragraph (e) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that primary United Kingdom qualifications are qualifications covered by the Directive.	Issuing certificates stating that primary United Kingdom qualifications are qualifications covered by the Directive.
Article 50(2)	In cases of justified doubts—	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK medical qualifications;
	(b)	requiring confirmation that holders of non-UK medical qualifications satisfy the minimum training conditions set out in article 24 of the Directive;
	(c)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person's primary United Kingdom qualification;
	(d)	providing confirmation that holders of primary United Kingdom qualifications satisfy the minimum training conditions set out in article 24 of the Directive.
Article 50(3)	In cases of justified doubts—	In cases of justified doubts—
	(a)	verifying information provided in connection with non-UK medical qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
	(b)	providing information in connection with a person's primary United Kingdom qualification awarded following training in another relevant European State.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a medical practitioner.	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a medical practitioner.
	Where such information is received by the General Council—	Where such information is received by the General Council—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the General Council's conclusions.

PART 3 — MEDICAL PRACTITIONERS: THE GENERAL AND SPECIALIST MEDICAL PRACTICE (EDUCATION, TRAINING AND QUALIFICATIONS) ORDER 2003

Amendment of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of article 5

38

In article 5 (minimum requirements for general practice training)—

• (a) in paragraph (1)—

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

(a) the training meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 28(1), the first sub-paragraph of article 28(2) and article 28(3) of the Directive (specific training in general medical practice); and

• (ii) omit sub-paragraph (b), and

• (iii) in sub-paragraph (c), for “the three year period specified in sub-paragraph (b)” substitute “ the period of training specified in the first sub-paragraph of article 28(2) of the Directive ”;

• (b) for paragraph (2) substitute—

(2) Once the minimum periods set out in paragraph (1)(c) have been met, any remaining period of training shall consist of a period of employment in a post (or posts) falling within paragraph (1)(c)(i) or (ii).

• (c) omit paragraph (3); and

• (d) omit paragraph (6).

Substitution of article 6

39

For article 6 (minimum requirements for specialist training) substitute—

(6) (1) The minimum requirements for specialist training referred to in article 4(2) are that the training— (a) constitutes an entire course of training in the specialty in question; (b) meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 25(1), (2) and (3) of the Directive (specialist medical training); and (c) must be for a period which is at least as long as the relevant period (if any) specified in Schedule 3 (specialties in which the UK awards a CCT). (2) The Board may impose conditions in relation to any part-time specialist training which it approves.

Amendment of article 8

40

In article 8 (award and withdrawal of a Certificate of Completion of Training)—

• (a) in paragraph (3), omit “Subject to paragraph (4),”; and

• (b) omit paragraphs (4), (9), (10) and (11).

Amendment of article 10

41

In article 10 (the General Practitioner Register)—

• (a) in paragraph (2)—

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

(b) eligible general practitioners as specified in article 11; (ba) eligible general systems general practitioners as specified in article 11A;

, and

• (ii) after sub-paragraph (c) add—

and (d) exempt persons— (i) who are registered in the list of visiting medical practitioners from relevant European States mentioned in section 30(1)(d) of the Medical Act, and (ii) who are providing services in the United Kingdom as a general practitioner on a temporary and occasional basis, in exercise of entitlement under Schedule 2A to the Medical Act (visiting medical practitioners from relevant European States).

• (b) in paragraph (3), for “A person” substitute “ Subject to paragraph (3A), a person ”; and

• (c) after paragraph (3) insert—

(3A) No application shall be required, and no fee shall be payable, in respect of inclusion in the General Practitioner Register pursuant to paragraph (2)(d).

Amendment of article 11

42

In article 11 (general practitioners eligible for entry in the General Practitioner Register)—

• (a) for paragraph (1) substitute—

(1) A person is an eligible general practitioner for the purposes of article 10(2)(b) if he is an exempt person and he holds any of the following issued in a relevant European State other than the United Kingdom— (a) a qualification in general practice listed in Annex V, point 5.1.4 of the Directive, together with the corresponding professional title; (b) a certificate of acquired rights; or (c) a qualification in general practice which is not listed in Annex V, point 5.1.4 of the Directive, if that qualification— (i) is accompanied by a certificate of a competent authority of the relevant European State in which the qualification was obtained to the effect that the qualification is evidence of training which satisfies the requirements of article 28 of the Directive (requirements for training in general medical practice), and (ii) is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.1.4 of the Directive. (1A) A person is also an eligible practitioner for the purposes of article 10(2)(b) if he holds— (a) a certificate of prescribed experience; or (b) a certificate of equivalent experience.

• (b) in paragraph (3)—

• (i) for “A person” substitute “ Subject to paragraph (3A), a person ”, and

• (ii) for “paragraph (1) or (2)” substitute “ paragraph (1), (1A) or (2) ”;

• (c) after paragraph (3) insert—

(3A) If a person falling within paragraph (3) is an exempt person and he holds a qualification in general practice which— (a) was granted otherwise than in a relevant European State, and (b) has not previously been accepted by a relevant European State as qualifying him to practise as a general practitioner in that State, he is not an eligible general practitioner pursuant to paragraph (3) unless he satisfies the Board that his qualification in general practice is evidence of training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 28 of the Directive (specific training in general medical practice).

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

(a) he is an exempt person who holds a qualification in general practice 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 general practitioner in that State; or

• (e) in paragraph (5), for “a person's training, qualifications, or both when considered together are equivalent to a CCT in general practice” substitute “ a person is an eligible practitioner pursuant to paragraph (3) ”;

• (f) in paragraph (6), for “article 16(4)” substitute “ article 16(5) ”; and

• (g) in paragraph (7), for “satisfied, pursuant to paragraph (3), that a person's training, qualifications, or both when considered together are equivalent to a CCT in general practice” substitute “ satisfied that a person is an eligible practitioner pursuant to paragraph (3) ”.

Insertion of article 11A

43

After article 11 insert—

(11A) (1) An exempt person— (a) whose case falls within regulation 3(9)(e) of the General Systems Regulations, (b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and (c) who has a right to practise as a general practitioner in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period that he may be required to complete pursuant to that Part of those Regulations), is an eligible general systems general practitioner for the purposes of article 10(2)(ba). (2) The Board shall, in accordance with its duty under article 16(5), notify a person who has made an application to be considered as an eligible general systems general practitioner that— (a) he is an eligible general systems general practitioner; or (b) he is not an eligible general systems general practitioner, or is required to complete an adaptation period pursuant to Part 3 of the General Systems Regulations, giving reasons for that decision.

Amendment of article 12

44

In article 12 (acquired rights of general practitioners), for paragraph (1) substitute—

(1) For the purposes of article 30(1) of the Directive (requirement for every relevant European State to determine the acquired rights that it recognises for the purpose of pursuing general medical practice in the framework of its national social security system without the evidence of formal qualifications listed in Annex V, point 5.1.4 of the Directive), a person has an acquired right to practise as a general practitioner in the United Kingdom if he falls within one of the categories of persons set out in Schedule 6.

Amendment of article 13

45

In article 13 (the Specialist Register)—

• (a) in paragraph (2)—

• (i) after sub-paragraph (a) omit “and”, and

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

(b) eligible specialists as specified in article 14; (c) eligible general systems specialists as specified in article 14A; and (d) exempt persons— (i) who are registered in the list of visiting medical practitioners from relevant European States mentioned in section 30(1)(d) of the Medical Act, and (ii) who are providing services in the United Kingdom as a specialist on a temporary and occasional basis, in exercise of entitlement under Schedule 2A to the Medical Act (visiting medical practitioners from relevant European States).

• (b) in paragraph (3)—

• (i) for “A person” substitute “ Subject to paragraph (3A), a person ”, and

• (ii) in sub-paragraph (b), for “he is also a registered dentist” substitute “ he has successfully completed dental training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 34 of the Directive (basic dental training) ”; and

• (c) after paragraph (3) insert—

(3A) No application shall be required, and no fee shall be payable, in respect of inclusion in the Specialist Register pursuant to paragraph (2)(d).

Amendment of article 14

46

In article 14 (specialists eligible for entry in the Specialist Register)—

• (a) after paragraph (2) insert—

(2A) A person is an eligible specialist for the purposes of article 13(2)(b) if he holds a CCST.

• (b) for paragraph (3) substitute—

(3) A person is also an eligible specialist for the purposes of article 13(2)(b) if— (a) he is an exempt person; and (b) he holds a recognised specialist qualification (as specified in article 15).

• (c) in paragraphs (4) and (5), for “A person” substitute “ Subject to paragraph (5A), a person ”;

• (d) after paragraph (5) insert—

(5A) If a person falling within paragraph (4) or (5) is an exempt person and he holds a specialist qualification which— (a) was granted otherwise than in a relevant European State, and (b) has not previously been accepted by a relevant European State as qualifying him to practise as a specialist in that State, he is not an eligible specialist pursuant to paragraph (4) or (5) unless he satisfies the Board that his specialist qualification is evidence of training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 25 of the Directive (specialist medical training).

• (e) in paragraph (6), for sub-paragraph (a) substitute—

(a) he is an exempt person who holds a specialist 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 specialist in that State; or

• (f) for paragraph (8) substitute—

(8) If the Board is not satisfied, having taken into account the matters specified in paragraph (6) (where applicable), that a person is an eligible specialist pursuant to paragraph (4) or (5), paragraph (9) shall apply.

• (g) in paragraph (10), for “article 16(4)” substitute “ article 16(5) ”; and

• (h) for paragraph (11) substitute—

(11) If the Board is satisfied that a person is an eligible specialist pursuant to paragraph (4) or (5), it shall, if the person so requests, issue to that person a written statement attesting to the fact that the person has satisfied the Board that he is eligible for inclusion in the Specialist Register (“statement of eligibility for registration”).

Insertion of article 14A

47

After article 14 insert—

(14A) (1) An exempt person— (a) whose case falls within regulation 3(9)(a), (c) or (e) of the General Systems Regulations, (b) to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and (c) who has a right to practise as a specialist in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period that he may be required to complete pursuant to that Part of those Regulations), is an eligible general systems specialist for the purposes of article 13(2)(c). (2) The Board shall, in accordance with its duty under article 16(5), notify a person who has made an application to be considered as an eligible general systems specialist that— (a) he is an eligible general systems specialist; or (b) he is not an eligible general systems specialist, or is required to complete an adaptation period pursuant to Part 3 of the General Systems Regulations, giving reasons for that decision.

Amendment of article 15

48

• (1) Article 15 (recognised specialist qualifications) is amended as follows.

• (2) In paragraph (1), omit sub-paragraph (a).

• (3) For paragraph (1)(b) substitute—

(b) a specialist qualification listed in Annex V, point 5.1.2 of the Directive which was awarded— (i) in a relevant European State other than the United Kingdom, (ii) on or after the reference date and is not evidence of training commenced by the holder before that date, and (iii) in a specialty in which the United Kingdom awards a qualification as set out in Part 1 of Schedule 3; (ba) a specialist qualification listed in Annex V, point 5.1.2 of the Directive— (i) which was awarded in a relevant European State other than the United Kingdom, (ii) which was awarded following training commenced by the holder before the reference date, (iii) which was awarded in a specialty in which the United Kingdom awards a qualification as set out in Part 1 of Schedule 3, and (iv) where the holder of the qualification satisfies the GMC (by means of a certificate of a competent authority of the relevant European State in which it was awarded or otherwise) that it accords with the standards laid down by article 25 of the Directive (specialist medical training);

• (4) In paragraph (1)(c)—

• (a) in paragraph (i), for “an EEA State” substitute “ a relevant European State ”;

• (b) in paragraph (iii), after “laid down by” insert “ article 25 of ”;

• (c) in paragraph (iv), for “begun before the relevant date” substitute “ commenced by the holder before the reference date ”; and

• (d) for paragraph (v) substitute—

(v) is accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in the practice of his specialty in that State for at least three consecutive years during the five years preceding the date of the certificate;

• (5) In paragraph (1)(d)—

• (a) in paragraph (i), for “an EEA State” substitute “ a relevant European State ”; and

• (b) for paragraphs (ii) and (iii) substitute—

(ii) does not correspond to the titles listed in Annex V, point 5.1.2 and 5.1.3 of the Directive, and (iii) is accompanied by a certificate of a competent authority of that State to the effect that the qualification is evidence of training which satisfies the requirements of article 25 of the Directive and is treated by that State as if it were a qualification listed in respect of the relevant specialty in relation to that State in Annex V, points 5.1.2 and 5.1.3 of the Directive;

• (6) In paragraph (1)(e)—

• (a) for paragraph (i) substitute—

(i) was awarded in Spain to doctors who completed their specialist training before 1st January 1995, even if that training does not satisfy the requirements of article 25 of the Directive,

; and

• (b) for paragraph (iii) substitute—

(iii) is accompanied by a certificate issued by a competent authority in Spain attesting that the person concerned has passed the examination in specific professional competence held in accordance with article 27(2) of the Directive with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a specialist qualification listed in respect of the relevant specialty in relation to Spain in Annex V, points 5.1.2 and 5.1.3 of the Directive;

• (7) In paragraph (1)(f)—

• (a) in paragraph (i), for “articles 24 to 26” substitute “ article 25 ”;

• (b) in paragraph (ii)—

• (i) for “the competent authorities” subsitute “ a competent authority ”, and

• (ii) for “Schedule 7 and Annex C” substitute “ Annex V, point 5.1.2 ”; and

• (c) for paragraph (iii) substitute—

(iii) where evidence of the qualification is accompanied by a certificate of a competent authority in Germany that the holder has effectively and lawfully been engaged in the practice of his specialty in Germany for at least three consecutive years during the five years preceding the date of the certificate; and

• (8) In paragraph (1)(g)—

• (a) in paragraph (ii)—

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

• (ii) for “Schedule 7” substitute “ Annex V, point 5.1.2 of the Directive ”;

• (b) in paragraph (iii), for “those authorities” substitute “ that authority ”; and

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

• (9) For paragraph (2) substitute—

(2) 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 5.1.2 of the Directive.

Insertion of article 15A

49

After article 15 insert—

(15A) (1) An exempt person (“A”) who makes an application for inclusion in the General Practitioner Register or the Specialist Register shall produce or send to the Registrar of the GMC a certificate as mentioned in paragraph (2), if— (a) his application is based on the grounds that he is an eligible general practitioner pursuant to article 11(1), or an eligible specialist pursuant to article 14(3); (b) he holds a qualification listed in Annex V, point 5.1.2 of the Directive (evidence of formal qualifications of specialised doctors) or point 5.1.4 of the Directive (evidence of formal qualifications of general practitioners); and (c) he has successfully completed training that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 25 (specialist medical training) or 28 (specific training in general medical practice) of the Directive (as the case may be). (2) The certificate— (a) must be a certificate issued by a competent authority in the relevant European State in which A obtained his qualification in general practice or his specialist qualification, or (if different) the relevant European State from which A comes to the United Kingdom; and (b) must certify that his qualification in general practice or his specialist qualification is a qualification listed in relation to that State in Annex V, point 5.1.2 or 5.1.4 of the Directive (as the case may be).

Substitution of article 16

50

For article 16 substitute—

(16) (1) Where a person makes an application for inclusion in either of the Registers pursuant to article 10(3) or 13(3), the Registrar of the GMC, within the period of one month beginning with the date of receipt of the application, must— (a) acknowledge receipt of the application; and (b) inform the applicant of any missing document required for the purposes of the application. (2) The Registrar of the GMC must, in accordance with paragraph (3), give the applicant notice— (a) of the result of the application; (b) if he refuses the application, of the reasons for that refusal and of any right of appeal the applicant has under article 23. (3) The Registrar of the GMC must give the applicant notice of the matters specified in paragraph (2)— (a) within the period of three months beginning with the date when the Registrar of the GMC receives the application, or, if any document required for the purposes for the application is missing when the Registrar receives the application, the date on which the Registrar first has all the documents required for those purposes; or (b) in a case where the applicant has previously had to make an application to which paragraph (4) applies, within the specified time. (4) This paragraph applies to an application by a person to the Board in order to satisfy the Board that he is— (a) an eligible general practitioner pursuant to article 11(3); (b) an eligible specialist pursuant to article 14(4) or (5); (c) an eligible general systems general practitioner pursuant to article 11A; or (d) an eligible general systems specialist pursuant to article 14A. (5) Where a person makes an application to the Board to which paragraph (4) applies— (a) the Board, within the period of one month beginning with the date of receipt of the application, must— (i) acknowledge receipt of the application, and (ii) inform the applicant of any missing document required for the purposes of the application; and (b) the Board must co-operate with the GMC, and the GMC must co-operate with the Board, to ensure that the applicant is able to apply to the GMC for inclusion in either of the Registers pursuant to article 10(3) or 13(3) and obtain a decision from the GMC within the specified time. (6) In paragraphs (3) and (5), “the specified time” means, subject to paragraph (7)— (a) in relation to an application to which paragraph (4)(a) or (b) applies, the period of three months— (i) beginning with the relevant date, and (ii) ending with the date on which the Registrar of the GMC gives the applicant notice of the matters specified in paragraph (2); and (b) in relation to an application to which paragraph (4)(c) or (d) applies, the period of four months— (i) beginning with the relevant date, and (ii) ending with the date on which the Registrar of the GMC gives the applicant notice of the matters specified in paragraph (2). (7) In calculating the specified time pursuant to paragraph (6), the period— (a) beginning with the date on which the Board gives the applicant notice under article 11(6), 11A(2), 14(10) or 14A(2) (as the case may be), and (b) ending, after the completion of any adaptation period or the determination of any appeal against a decision of the Board, with the date on which the GMC receives all the documents enabling it to determine whether it is satisfied of the applicant's entitlement to be registered pursuant to article 10(3) or 13(3) (as the case may be), shall be disregarded. (8) For the purposes of complying with its duty pursuant to paragraph (5), the Board may, if it sees fit, provide to the GMC information relating to, or copies of, any applications that it has received to which paragraph (4) applies. (9) The “relevant date”, in relation to an application, is— (a) the date when the Board receives the application; or (b) if any document required for the purposes of the application is missing when the Board receives the application, the date on which the Board first has all the documents required for those purposes.

Amendment of article 18

51

In article 18 (removal and suspension from the Registers)—

• (a) in paragraph (2), omit “Subject to paragraph (3) and (4),”;

• (b) after paragraph (2) insert—

(2A) If a person whose name is included in the General Practitioner Register pursuant to article 10(2)(d) ceases to satisfy either of the conditions specified in that provision, the Registrar of the GMC may remove that person's name from the General Practitioner Register. (2B) If a person whose name is included in the Specialist Register pursuant to article 13(2)(d) ceases to satisfy either of the conditions specified in that provision, the Registrar of the GMC may remove that person's name from the Specialist Register.

; and

• (c) omit paragraphs (3) and (4).

Substitution of article 19

52

For article 19 substitute—

(19) (1) In accordance with paragraphs (2) to (4), the GMC and the Board are designated as the competent authorities in the United Kingdom for the purposes of the Directive relating to specialists and general practitioners. (2) The GMC shall in the United Kingdom be responsible for the recognition and registration of specialist qualifications and qualifications in general practice, and shall carry out (in particular) the functions specified in Part 1 of Schedule 7A. (3) The Board shall in the United Kingdom be responsible for matters relating to training in general medical practice and specialist training, including the assessment of training for the purposes of certain applications for inclusion in the General Practitioner Register or the Specialist Register, and shall carry out (in particular) the functions specified in Part 2 of Schedule 7A. (4) The Board is designated as the competent authority in the United Kingdom for the purposes of awarding the following qualifications— (a) as regards general medical practice, CCTs in general practice and certificates of acquired rights; (b) as regards the practice of a medical specialty, CCTs in a specialty listed in Schedule 3. (5) In Schedule 7A, “non-UK specialist or GP qualifications” means specialist qualifications or qualifications in general practice that are awarded to a person by a competent authority of a relevant European State other than the United Kingdom.

Revocation of article 20

53

Article 20 (specialist qualifications) is revoked.

Amendment of article 21

54

In article 21 (appeal to an Appeal Panel against a decision of the Board)—

• (a) in paragraph (2)—

• (i) in sub-paragraph (f), for “within three months of the date on which the applicant submits his application, together with full supporting documentation” substitute “ within the period of three months beginning with the relevant date ”,

• (ii) after sub-paragraph (f) insert—

(fa) a person who fails to satisfy the Board that he is an eligible general systems general practitioner pursuant to article 11A; (fb) a person to whom the Board fails to give a decision under article 11A(2) within the period of four months beginning with the relevant date;

• (iii) in sub-paragraph (h), for “within three months of the date on which the applicant submits his application, together with full supporting documentation” substitute “ within the period of three months beginning with the relevant date ”,

• (iv) after sub-paragraph (h) insert—

(ha) a person who fails to satisfy the Board that he is an eligible general systems specialist pursuant to article 14A; (hb) a person to whom the Board fails to give a decision under article 14A(2) within the period of four months beginning with the relevant date;

, and

• (v) omit sub-paragraphs (i) and (j);

• (b) after paragraph (2) insert—

(2A) In paragraph (2), “the relevant date” has the same meaning as in article 16(9).

• (c) in paragraph (3)—

• (i) for “sub-paragraph (e), (g) and (i)” substitute “ sub-paragraph (e) and (g) ”, and

• (ii) for “11(5), 14(9) or 20(3)(a)(ii)” substitute “ 11(5) or 14(9) ”;

• (d) after paragraph (3) insert—

(3A) The right of appeal under sub-paragraph (fa) and (ha) of paragraph (2) shall include a right of appeal against a decision of the Board under Part 3 of the General Systems Regulations requiring a person to complete an adaptation period in connection with becoming entitled by virtue of that Part of those Regulations to practise as a general practitioner or a specialist (as the case may be) in the United Kingdom.

; and

• (e) in paragraph (5), for “(f), (h) or (j)” substitute “ (f), (fb), (h) or (hb) ”.

Amendment of article 23

55

In article 23 (appeals against decisions on inclusion in the Registers)—

• (a) after paragraph (1) insert—

(1A) A decision by the Registrar of the GMC to refuse to register a person— (a) in the General Practitioner Register pursuant to article 10(2)(d), or (b) in the Specialist Register pursuant to article 13(2)(d), shall also be treated as an appealable registration decision under Schedule 3A to the Medical Act and the procedure in that Schedule shall accordingly apply.

; and

• (b) in paragraph (2), for “article 16(1) within the time specified in article 16(2) or, where applicable, article 16(4)” substitute “ article 16(2) within the time specified in article 16(3) ”.

Amendment of Schedule 1

56

In Schedule 1 (interpretation)—

• (a) in the definition of “certificate of acquired rights”—

• (i) for “article 36(4)” substitute “ article 30(1) ”, and

• (ii) for “a vocational training certificate in general practice” substitute “ the evidence of formal qualifications of a general practitioner referred to in Annex V, point 5.1.4 of the Directive ”;

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

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

• (c) in the definition of “CCT”, omit “, including any such certificate” to the end;

• (d) 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 , and references in this Order to the Directive or to any provision of the Directive are references to the Directive, or to that provision of the Directive, as amended from time to time;

• (e) omit the definition of “EEA”;

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

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

• (h) after the definition of “ESMQO 1995”, 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 medical 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 the medical profession, no less favourably than a national of a relevant European State;

• (i) after the definition of “General Practitioner Register” insert—

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

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

• (k) omit the definition of “registered dentist”;

• (l) after the definition of “the Registers” insert—

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

; and

• (m) omit the definition of “vocational training certificate”.

Amendment of Schedule 2

57

In Schedule 2 (the Postgraduate Medical Education and Training Board and its Statutory Committees), in Part 2, in paragraph 12(1)(b), for “11(3), 14(4) or 14(5)” substitute “ 11(3), 11A, 14(4), 14(5) or 14A ”.

Amendment of Schedule 3

58

In Schedule 3 (specialities in which the UK awards a CCT, and any minimum training periods), in Part 1—

• (a) under the heading “Four years”, omit the asterisk after the words “Clinical oncology”; and

• (b) for the Note substitute—

Note: The specialties marked * above are those listed in Annex V, point 5.1.3 of the Directive which are common to all relevant European States. The remaining specialties are those in which the United Kingdom awards a qualification but which are peculiar to two or more relevant European States.

Repeal of Schedule 4

59

Schedule 4 (text of articles 30, 31(1) and 34 of Directive 93/16/EEC) is repealed.

Repeal of Schedule 5

60

Schedule 5 (text of Annex I to Directive 93/16/EEC) is repealed.

Amendment of Schedule 6

61

In Schedule 6 (acquired rights of general practitioners in the United Kingdom), for paragraph 1(c) substitute—

(c) on 31st December 1994 he was established in the United Kingdom by virtue of a qualification in medicine awarded in a relevant European State other than the United Kingdom which had in his case to be recognised in the United Kingdom by virtue of the Directive as entitling him to be registered as a fully registered medical practitioner under the Medical Act; or

Repeal of Schedule 6A

62

Schedule 6A (qualifications in general medical practice awarded in EEA States other than the United Kingdom) is repealed.

Repeal of Schedule 7

63

Schedule 7 (specialist qualifications awarded in EEA States other than the United Kingdom) is repealed.

Insertion of Schedule 7A

64

After Schedule 7 insert—

SCHEDULE 7A