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

SCHEDULE 2A (1) This Schedule applies to an exempt person— (a) who is lawfully established as a nurse in a relevant European State other than the United Kingdom; or (b) who is lawfully established as a midwife 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 as a nurse or midwife; (c) a reference to the provision of occasional nursing services is a reference to the provision, in the United Kingdom, of nursing services— (i) of a kind which are provided, in the United Kingdom, by nurses whose training satisfies the requirements of article 31 of the Directive (training of nurses responsible for general care), and (ii) on a temporary and occasional basis; and (d) a reference to the provision of occasional midwifery services is a reference to the provision of midwifery services in the United Kingdom on a temporary and occasional basis. (3) (1) A visiting practitioner is entitled to be registered in the appropriate part of the register if the practitioner is entitled under paragraph 4 or 7 to provide occasional nursing services or occasional midwifery services; and the Registrar shall give effect to the entitlement. (2) A visiting practitioner who is entitled under sub-paragraph (1) to be registered, but who is not registered in the appropriate part of the register, shall be treated as registered in that part. (3) Sub-paragraph (4) applies where a person's entitlement under sub-paragraph (1) to be registered 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 nursing services or occasional midwifery services. (4) If the person's name is registered, the Registrar may remove the person's name from the register. (5) Sub-paragraphs (1) to (4) are not to be taken to prejudice the application, in relation to persons registered on the basis of entitlement under sub-paragraph (1), of any other provision of this Order under which the name of a registered nurse or midwife may be removed from the register or under which the registration of a registered nurse or midwife may be suspended. (4) A visiting practitioner is entitled to provide occasional nursing services or occasional midwifery 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), (d) or (e) of the General Systems Regulations, the provision by the practitioner of occasional nursing services or occasional midwifery 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 nursing services or occasional midwifery 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 states the practitioner's wish to provide occasional nursing services or occasional midwifery services; (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 qualifications in nursing or midwifery (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 as a nurse or midwife in that State, and (ii) that the practitioner is not prohibited (whether on a permanent or temporary basis) from practising as a nurse or midwife there. (3) A declaration under sub-paragraph (2)(a) may be supplied by any means. (6) (1) Subject to sub-paragraph (3), 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 nursing or midwifery services that the practitioner proposes to provide in the United Kingdom on a temporary and occasional basis. (2) This sub-paragraph applies to a visiting practitioner whose case falls within regulation 3(9)(a), (c), (d) or (e) of the General Systems Regulations (with the result that the practitioner is not entitled to provide occasional nursing services or occasional midwifery services unless their provision by the practitioner is in accordance with regulations 14 to 16 of those Regulations). (3) If sub-paragraph (2) applies to a visiting practitioner, the evidence referred to in paragraph 5(2)(d) of the practitioner's qualifications in nursing or midwifery is evidence of the qualifications which entitle the practitioner to practise as a nurse or midwife in his home State. (4) 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 nursing services or occasional midwifery services. (2) The visiting practitioner is entitled to continue to provide occasional nursing services or occasional midwifery 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 nursing services or occasional midwifery services; (b) who has been previously entitled under this Schedule to provide occasional nursing services or occasional midwifery services; and (c) whose registration in the register is not suspended. (4) The visiting practitioner is once again entitled to provide occasional nursing services or occasional midwifery services but, in a case where the practitioner's name is not in the register as a result of removal otherwise than under paragraph 3(4), only if the Registrar decides, after having regard (in particular) to the fact of that removal 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 states the practitioner's wish to provide occasional nursing services or occasional midwifery services in a further year. (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 nursing services or occasional midwifery services ceases if— (a) the visiting practitioner concerned becomes established as a nurse or as a midwife in the United Kingdom; or (b) a disqualifying decision is made against the visiting practitioner concerned. (6) In sub-paragraph (5) “disqualifying decision”, in relation to a visiting practitioner, means a decision made by a competent or judicial authority in the practitioner's home State that has the effect that the practitioner— (a) ceases in that State to be registered or otherwise officially recognised as a nurse or midwife; or (b) is prohibited (whether on a permanent or temporary basis) from practising as a nurse or midwife in that State. (7) If in the case of a visiting practitioner— (a) the practitioner's registration in the register is suspended or the practitioner's name is removed from the register, and (b) immediately before the time when the suspension or (as the case may be) removal takes effect, the practitioner is entitled under this Schedule to provide occasional nursing services or occasional midwifery 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 practice as a nurse or midwife; (b) the practitioner's name is registered in the appropriate part of the register; and (c) for any of the purposes of this Order it falls to be decided whether 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 nursing services or occasional midwifery services that is, or would be if the condition applied in relation to practice as a nurse or midwife outside the practitioner's home State, a breach of the condition. (3) In paragraphs (1) and (2) “condition” includes limitation.

Substitution of Schedule 3

172

For Schedule 3 substitute—

SCHEDULE 3

Provision of Directive	Function of Council	Function of Council
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established in the United Kingdom as nurses responsible for general care or midwives.	Issuing certificates containing attestations in relation to persons established in the United Kingdom as nurses responsible for general care or midwives.
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 nurse responsible for general care or midwife;
	(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 services as a nurse responsible for general care or as a midwife.	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing services as a nurse responsible for general care or as a midwife.
Article 23(1)	Issuing certificates of effective and lawful practice in the United Kingdom to—(a) nurses responsible for general care; and(b) midwives.	Issuing certificates of effective and lawful practice in the United Kingdom to—(a) nurses responsible for general care; and(b) midwives.
Article 23(6)	Issuing certificates stating—(a) that UK nursing qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.2.2 of Annex V to the Directive, certify successful completion of nursing training that is in accordance with article 31 of the Directive (training of nurses responsible for general care) or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 31 of the Directive;(b) that UK midwifery qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.5.2 of Annex V to the Directive, certify successful completion of training in midwifery that is in accordance with article 40 of the Directive (training of midwives) or that under article 22(a) of the Directive is to be treated as in accordance with article 40 of the Directive.	Issuing certificates stating—(a) that UK nursing qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.2.2 of Annex V to the Directive, certify successful completion of nursing training that is in accordance with article 31 of the Directive (training of nurses responsible for general care) or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 31 of the Directive;(b) that UK midwifery qualifications, which do not correspond to the titles set out in respect of the United Kingdom at point 5.5.2 of Annex V to the Directive, certify successful completion of training in midwifery that is in accordance with article 40 of the Directive (training of midwives) or that under article 22(a) of the Directive is to be treated as in accordance with article 40 of the Directive.
Article 41	Issuing certificates of professional practice in the United Kingdom to midwives.	Issuing certificates of professional practice in the United Kingdom to midwives.
Article 43(1)	Issuing certificates of effective and lawful practice in the United Kingdom to midwives.	Issuing certificates of effective and lawful practice in the United Kingdom to midwives.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of practice as a nurse responsible for general care or as a midwife, 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 nurse responsible for general care or as a midwife, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that evidence of UK nursing qualifications or UK midwifery qualifications is that covered by the Directive.	Issuing certificates stating that evidence of UK nursing qualifications or UK midwifery qualifications is that covered by the Directive.
Article 50(2)	In cases of justified doubts—	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK nursing qualifications or non-UK midwifery qualifications;
	(b)	requiring confirmation that holders of non-UK nursing qualifications or non-UK midwifery qualifications satisfy the minimum training conditions set out in article 31 or 40 of the Directive (as the case may be) or under article 22(a) of the Directive are to be treated as satisfying those conditions;
	(c)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person's UK nursing qualifications or UK midwifery qualifications;
	(d)	providing confirmation that holders of UK nursing qualifications or UK midwifery qualifications satisfy the minimum training conditions set out in article 31 or 40 of the Directive (as the case may be) or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts—	In cases of justified doubts—
	(a)	verifying information provided in connection with non-UK nursing qualifications or non-UK midwifery qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded;
	(b)	providing information in connection with a person's UK nursing qualifications or UK midwifery qualifications awarded following training in another relevant European State.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of the professions of nurse responsible for general care or midwife.	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for the practice of the professions of nurse responsible for general care or midwife.
	Where such information is received by the Council—	Where such information is received by the Council—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the Council's conclusions.

Amendment of Schedule 4

173

In Schedule 4 (interpretation)—

• (a) omit the definition of “the Accession of Greece Act”;

• (b) omit the definition of “the Accession of Spain and Portugal Act”;

• (c) omit the definition of “the Accession of Austria, Finland and Sweden Act”;

• (d) omit the definition of “the Act of Accession 2003”;

• (e) omit the definition of “Community law”;

• (f) 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 the practice of nursing or midwifery;;

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

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications , and references in 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;

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

• (i) omit the definition of “EEA national”;

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

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

“exempt person”, in relation to the profession of nursing or in relation to the profession of midwifery, means— 1. a national of a relevant European State other than the United Kingdom; 2. a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable Community right; or 3. a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;

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

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

• (m) omit the definition of “Midwifery Directive”;

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

• (o) omit the definition of “Nursing Directive”;

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

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

• (q) omit the definition of “second Nursing Directive”;

• (r) omit the definition of “second Midwifery Directive”;

• (s) omit the definition of “the Swiss Agreement”; and

• (t) after the definition of “United Kingdom country” insert—

“visiting nurse or midwife from a relevant European State” means a nurse or midwife registered in exercise of entitlement under article 39A (visiting general systems nurses from relevant European States) or Schedule 2A (visiting midwives, and certain visiting nurses, from relevant European States); and

PART 11 — NURSES AND MIDWIVES: OTHER LEGISLATION

The Nursing and Midwifery Council (Fees) Rules 2004

174

In the Nursing and Midwifery Council (Fees) Rules 2004 , in rule 3 (fees), in the table—

• (a) in the entry in column (2) of row (b), for “13(1)(a) or (b)” substitute “ 13(1)(a), (b), (c), (e) or (f) ”;

• (b) in the entry in column (2) of row (c), for “13(1)(c)” substitute “ 13(1)(d) ”; and

• (c) in the entry in column (2) of row (d), after “13(1)(c)” substitute “ or (d) ”.

The Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004

175

In the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 , after article 7 add—

(8) The entries in the register are to include such annotation as the Council considers appropriate to denote that a registrant is a visiting nurse or midwife from a relevant European State .

The European Nursing and Midwifery Qualifications Designation Order of Council 2004

176

• (1) The European Nursing and Midwifery Qualifications Designation Order of Council 2004 is amended as follows.

• (2) In article 2 (interpretation)—

• (a) in paragraph (1)—

• (i) in the definition of “diploma”, omit “and Schedule 2”,

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

“listed diploma” means— 1. in the case of a nursing diploma, evidence of formal qualifications as a nurse responsible for general care listed in Annex V, point 5.2.2 of the Directive , or 2. in the case of a midwifery diploma, evidence of formal qualifications as a midwife listed in Annex V, point 5.5.2 of the Directive;

• (iii) omit the definition of “the Nursing Directives”, and

• (iv) before the definition of “registration” insert—

“reference date” means— 1. in the case of a nursing qualification awarded in a relevant European State, the date listed in relation to that State in the column entitled “Reference date” in Annex V, point 5.2.2 of the Directive, and 2. in the case of a midwifery qualification awarded in a relevant European State, the date listed in relation to that State in the column entitled “Reference date” in Annex V, point 5.5.2 of the Directive;

• (b) for paragraph (2) substitute—

(2) In this Order, “a competent authority certificate” means a certificate issued by a competent authority in a relevant European State stating that the person named in the certificate has practised effectively and lawfully in that State— (a) as a midwife, or (b) as a nurse responsible for general care whose activities include full responsibility for the planning, organisation and carrying out of the nursing care of the patient, for at least three consecutive years or, for the purposes of articles 4(3)(b)(ii), 6(3)(b)(ii) and 8, two consecutive years, during the period of five years ending with the date of issue of the certificate.

• (c) for paragraph (3) substitute—

(3) In this Order, “an article 41(2) certificate” means a certificate issued to a person by a competent authority in a relevant European State in accordance with article 41(2) of the Directive (procedures for the recognition of evidence of formal qualifications as a midwife), to the effect that the person, after qualifying as a midwife, has practised satisfactorily, for the period provided for in article 41(1)(a)(ii) or (c) of the Directive, as a midwife in a hospital or other health care establishment approved for the purposes of article 41(2) of the Directive. (3A) In this Order, references 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.

; and

• (d) omit paragraph (4).

• (3) For article 3 substitute—

(3) (1) A professional qualification in respect of which a listed diploma is awarded in a relevant European State on or after the reference date and which is not evidence of training commenced by the holder before that date, shall be an approved qualification for the purposes of registration, subject in the case of a midwifery qualification to paragraph (2). (2) A midwifery qualification in respect of which a midwife holds a diploma referred to in paragraph (1) shall be an approved qualification for the purposes of registration only if— (a) it attests to training which satisfies the conditions in paragraph (1)(a), (b) or (c) of article 41 of the Directive; and (b) in the case of conditions specified in paragraph (1)(a)(ii) or (c) of that article, it is accompanied by an article 41(2) certificate relating to the holder.

• (4) For article 4 substitute—

(4) (1) Subject to paragraph (2), a professional qualification in respect of which a listed diploma is awarded in a relevant European State other than Poland or Romania before the reference date, or on or after that date in respect of a course of training begun before that date, shall be an approved qualification for the purposes of registration. (2) The diploma referred to in paragraph (1) shall— (a) be one awarded in respect of training which complies with the requirements laid down— (i) in the case of a nursing qualification, in article 31 of the Directive (training of nurses responsible for general care), or (ii) in the case of a midwifery qualification, in article 40 of the Directive (training of midwives), subject also in the case of a midwifery qualification to paragraph (3); or (b) be accompanied by a competent authority certificate relating to the holder. (3) A midwifery qualification referred to in paragraph (1), in respect of which a diploma which falls within paragraphs (1) and (2)(a) has been awarded, shall be an approved qualification for the purposes of registration only if— (a) it attests to training which satisfies the conditions in paragraph (1)(a), (b) or (c) of article 41 of the Directive; and (b) in the case of conditions specified in paragraph (1)(a)(ii) or (c) of that article— (i) it is accompanied by an article 41(2) certificate relating to the holder, or (ii) if the diploma was awarded before the reference date, it is accompanied by a competent authority certificate relating to the holder.

• (5) For article 5 substitute—

(5) (1) A professional qualification in respect of which a diploma specified in paragraph (2) is awarded in a relevant European State other than Poland or Romania shall be an approved qualification for the purposes of registration if it is accompanied by a competent authority certificate. (2) The diploma referred to in paragraph (1) is— (a) a diploma in nursing in general care which is not a listed diploma and is awarded — (i) before the reference date or on or after that date in respect of a course of training begun before that date, and (ii) in respect of training which does not comply with the requirements of article 31 of the Directive; or (b) a midwifery diploma which is not a listed diploma and is awarded— (i) before the reference date or on or after that date in respect of a course of training begun before that date, and (ii) in respect of training which does not comply with the requirements of article 40 of the Directive.

• (6) For article 6 substitute—

(6) (1) A professional qualification in respect of which a diploma specified in paragraph (2) is awarded in a relevant European State shall be an approved qualification for the purposes of registration, subject in the case of a midwifery qualification to paragraph (3). (2) The diploma referred to in paragraph (1) is one which— (a) is not a listed diploma; and (b) is accompanied by a certificate issued by a competent authority of the relevant European State in which the diploma was obtained to the effect that the diploma— (i) is evidence of training which complied with the requirements of article 31 or 40 of the Directive (as the case may be), and (ii) is treated by that State as if it were a qualification listed in relation to that State in Annex V, point 5.2.2 or point 5.5.2 of the Directive (as the case may be). (3) A midwifery qualification in respect of which a midwife holds a diploma referred to in paragraph (1) shall be an approved qualification for the purposes of registration only if— (a) it attests to training which satisfies the conditions in paragraph (1)(a), (b) or (c) of article 41 of the Directive; and (b) in the case of conditions specified in paragraph (1)(a)(ii) or (c) of that article— (i) it is accompanied by an article 41(2) certificate relating to the holder, or (ii) if the diploma was awarded before the reference date, it is accompanied by a competent authority certificate relating to the holder.

• (7) In article 7 (qualifications awarded in Poland before the implementation date or relevant date, or awarded in respect of nursing or midwifery training begun before those dates which do not comply with Directive requirements)—

• (a) for the heading substitute “Qualifications awarded in Poland before the reference date in respect of training which does not comply with Directive requirements”;

• (b) for paragraph (1) substitute—

(1) This article applies to a professional qualification in respect of which a diploma in nursing in general care or midwifery is awarded in Poland— (a) subject to paragraph (2)(b), before the reference date or on or after that date in respect of a course of training begun before that date; and (b) in respect of training which does not comply with the requirements of article 31 or 40 of the Directive (as the case may be).

• (c) for paragraph (2) substitute—

(2) A qualification referred to in paragraph (1) shall be an approved qualification for the purposes of registration only if— (a) the requirements of paragraph (3) are satisfied; or (b) it is a qualification in nursing in general care or midwifery— (i) attested by the diploma “bachelor” and obtained on the basis of the special upgrading programme described in article 33(3) of the Directive (acquired rights specific to nurses responsible for general care) or in article 43(4) of the Directive (acquired rights specific to midwives), and (ii) awarded in respect of training completed before the reference date.

; and

• (d) in paragraph (3)—

• (i) in sub-paragraph (a)—

• (aa) for “the diploma of bachelor of nursing” substitute “ evidence of formal qualifications as a nurse at degree level ”, and

• (bb) for “the diploma of bachelor of midwifery” substitute “ evidence of formal qualifications as a midwife at degree level ”,

• (ii) in sub-paragraph (b)—

• (aa) for “the diploma of nurse” substitute “ evidence of formal qualifications as a nurse ”, and

• (bb) for “the diploma of midwife” substitute “ evidence of formal qualifications as a midwife ”, and

• (iii) in the tailpiece, for “the diploma of bachelor of nursing or the diploma of nurse” substitute “ evidence of formal qualifications as a nurse mentioned in either of those sub-paragraphs ”.

• (8) After article 7 insert—

(7A) (1) This article applies to a professional qualification in respect of which a diploma in nursing in general care or midwifery is awarded in Romania— (a) before the reference date or (in the case of a diploma in nursing in general care only) on or after that date in respect of a course of training begun before that date; and (b) in respect of training which does not comply with the requirements of article 31 or 40 of the Directive (as the case may be). (2) A qualification referred to in paragraph (1) shall be an approved qualification for the purposes of registration only if it is accompanied by a certificate from a Romanian competent authority stating that the person named in the certificate has practised effectively and lawfully as a nurse responsible for general care or, as the case may be, as a midwife in Romania for— (a) in the case of a person holding evidence of formal qualifications as a nurse (certificat de competente profesionale de asistent medical generalist) with post-secondary education obtained from a scoala postliceala, at least five consecutive years during the period of seven years ending with the date of issue of the certificate, provided that that period of practice has included the person taking full responsibility for the planning, organisation and carrying out of the nursing care of the patient; or (b) in the case of a person holding evidence of formal qualifications as a midwife (asistent medical obstetrica-ginecologie/obstetrics-gynecology nurse), at least five consecutive years during the period of seven years ending with the date of issue of the certificate.

• (9) For article 8 substitute—

(8) A professional qualification in respect of which a midwifery diploma has been awarded in respect of training which— (a) was received in the territory of the former German Democratic Republic, (b) commenced before 3rd October 1990, and (c) complies with the requirements of article 40 of the Directive, shall be an approved qualification for the purposes of registration, provided that it is accompanied by a competent authority certificate issued by a competent authority in Germany and relating to the holder.

• (10) In article 9 (qualifications following training in the former German Democratic Republic which does not comply with Directive requirements)—

• (a) in paragraph (1)—

• (i) for “not specified in Part 1 of Schedule 2 or, as the case may be, a midwifery diploma not specified in Part 2 of Schedule 2” substitute “ other than a listed diploma or, as the case may be, a midwifery diploma other than a listed diploma ”, and

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

(c) does not comply with the requirements of article 31 or 40 of the Directive (as the case may be),

• (b) in paragraph (2), for “under the heading “Germany” in Part 1 (nursing diplomas) or, as the case may be, Part 2 (midwifery diplomas) of Schedule 2” substitute “ in relation to Germany in Annex V, point 5.2.2 or point 5.5.2 of the Directive (as the case may be) ”; and

• (c) for paragraph (3) substitute—

(3) The diploma shall be accompanied by a competent authority certificate issued by a competent authority in Germany and relating to the holder.

• (11) In article 10 (qualifications following training in the former Czechoslovakia, the former Soviet Union or Yugoslavia)—

• (a) in the heading, for “Yugoslavia” substitute “ the former Yugoslavia ”;

• (b) in paragraph (1), in the table, for “Yugoslavia” substitute “ Former Yugoslavia ”; and

• (c) in paragraph (2)—

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

(a) be accompanied by a competent authority certificate issued by a competent authority of the State specified in column (c) of the corresponding row of the table in paragraph (1); and

, and

• (ii) in sub-paragraph (b), for “in Part 1 of Schedule 2 or, as the case may be, Part 2 of Schedule 2” substitute “ in Annex V, point 5.2.2 or point 5.5.2 of the Directive (as the case may be) ”.

• (12) Omit article 11 (transitional provision for Spanish midwifery qualifications).

• (13) Omit Schedule 1.

• (14) Omit Schedule 2 (diplomas listed in the Annex to the Nursing Directive and the Annex to the Midwifery Directive).

The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004

177

• (1) The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 are amended as follows.

• (2) In rule 2 (interpretation)—

• (a) the existing provision containing a table of definitions shall be numbered as paragraph (1); and

• (b) after paragraph (1) add—

(2) In these Rules, a reference to any provision of the Directive is a reference to that provision of the Directive as amended from time to time.

• (3) After rule 2 insert—

(2A) In these Rules— (a) Part 2 shall not apply to visiting nurses and midwives from relevant European States , or in respect of a person's registration in exercise of entitlement under article 39A of, or Schedule 2A to, the Order, except for rule 3(3); (b) Part 3 shall not apply in respect of a person's registration in exercise of entitlement under article 39A of, or Schedule 2A to, the Order, except for rules 4 (the register), 14 (lapse of registration) and 16 (amendments to the register); (c) Part 4 shall apply in respect of a person's registration in exercise of entitlement under article 39A of, or Schedule 2A to, the Order.

• (4) In rule 3 (education leading to registration and re-registration)—

• (a) for paragraph (1) substitute—

(1) Subject to paragraph (1B), where an approved programme of education leads to the award of a qualification listed in relation to the United Kingdom in Annex V, point 5.2.2 of the Directive (evidence of formal qualifications as a nurse responsible for general care), that programme must comply with the training requirements laid down in article 31 of the Directive (training of nurses responsible for general care). (1A) Subject to paragraph (1B), where an approved programme of education leads to the award of a qualification listed in relation to the United Kingdom in Annex V, point 5.5.2 of the Directive (evidence of formal qualifications as a midwife), that programme must comply with the training requirements laid down in article 40 of the Directive (training of midwives). (1B) Notwithstanding the requirements of article 31 or 40 of the Directive, an approved programme of education may consist of part-time training, provided that such training complies with the requirements laid down in article 22(a) of the Directive (common provisions on training: part-time training).

; and

• (b) for paragraph (2) substitute—

(2) The requirements for entry to an approved programme of education which leads to the award of a qualification listed in relation to the United Kingdom in Annex V, point 5.2.2 or point 5.5.2 of the Directive, shall include the requirements of article 31(1) or article 40(2) of the Directive (as the case may be).

• (5) In rule 5 (application for admission to a part of the register)—

• (a) in paragraph (2)—

• (i) in sub-paragraph (a)(ii)—

• (aa) for “EEA State” substitute “ European State ”, and

• (bb) for “been met, or” substitute “ been met, ”,

• (ii) in sub-paragraph (a)(iii)—

• (aa) for “article 13(1)(c)” substitute “ article 13(1)(c) or (d) ”, and

• (bb) for “applying; and” substitute “ applying, or ”, and

• (iii) after sub-paragraph (a)(iii) insert—

(iv) where the applicant is relying on article 13(1)(e) or (f) of the Order, evidence of her qualification and details as to her training; and

; and

• (b) after paragraph (2) add—

(3) If the applicant (“A”)— (a) is relying on article 13(1)(b) of the Order, (b) holds a diploma listed in Annex V, point 5.2.2 or point 5.5.2 of the Directive (as the case may be), and (c) has successfully completed training as a nurse or midwife that meets, or under article 22(a) of the Directive (part-time training) is to be treated as meeting, the requirements of article 31 or 40 of the Directive (as the case may be), A must also provide a certificate as mentioned in paragraph (4). (4) The certificate— (a) must be a certificate issued by a competent authority in A's attesting State (as defined by rule 6(1F)); and (b) must certify that the document provided by A under paragraph (2)(a)(ii) is a diploma listed in relation to that State in Annex V, point 5.2.2 or point 5.5.2 of the Directive (as the case may be).

• (6) In rule 6 (requirements for declarations of good health and good character)—

• (a) in paragraph (1)—

• (i) omit sub-paragraph (d), and

• (ii) in sub-paragraph (e), for “article 13(1)(c)” substitute “ article 13(1)(c) or (d) ”;

• (b) after paragraph (1) insert—

(1A) In the case of an applicant (“A”) who is relying on article 13(1)(b), (e) or (f) of the Order, the declaration by A as to her good health and good character, provided under rule 5(1)(a), shall be supported by— (a) a certificate as to good character— (i) to which either paragraph (1B) or (1C) applies, and (ii) issued within the three months preceding the date of A's application, and (b) a certificate as to good health— (i) to which either paragraph (1D) or (1E) applies, and (ii) issued within the three months preceding the date of A's application, and for the purposes of paragraphs (5) and (6), any such certificate shall be considered to be a supporting declaration. (1B) This paragraph applies to a certificate which— (a) attests to A's good character or good repute; and (b) is issued by a competent authority in A's attesting State. (1C) If no such certificate is issued by a competent authority in A's attesting State, this paragraph applies to a certificate— (a) attesting to the authenticity of a declaration on oath made by A— (i) before a competent judicial or administrative authority, notary or qualified professional body of A's attesting State, and (ii) attesting to A's good character; and (b) issued by the authority, notary or body referred to in sub-paragraph (a)(i). In this paragraph, “declaration on oath” includes a solemn declaration. (1D) This paragraph applies to a certificate which— (a) attests to A's good physical and mental health; and (b) is required of a person who wishes to practise as a nurse or midwife in A's attesting State. (1E) If no such certificate is required of persons who wish to practise as a nurse or midwife in A's attesting State, this paragraph applies to a certificate which— (a) attests to A's good physical and mental health; and (b) is issued by a competent authority in A's attesting State. (1F) In paragraphs (1B) to (1E) the “attesting State”, in relation to A, is— (a) the relevant European State in which A obtained her qualification in nursing or midwifery; or (b) (if different) the relevant European State from which A comes to the United Kingdom.

• (c) in paragraph (5)(b), for “(1)(a), (b), (c), (d)(i), (e), (2) or (3)” substitute “ (1)(a), (b), (c) or (e) or paragraph (1D), (1E), (2) or (3) ”;

• (d) in paragraph (6)(b), for “(1)(a), (b), (c), (d)(ii), (e), (2) or (3)” substitute “ (1)(a), (b), (c) or (e) or paragraph (1B), (1C), (2) or (3) ”; and

• (e) in paragraph (7), omit the definition of “Member State of origin”.

• (7) In rule 8 (overseas applications for registration which are unsuccessful), for “article 13(1)(c)” substitute “ article 13(1)(d) ”.

• (8) In rule 9 (knowledge of English), for “an EEA national exercising an enforceable Community right, or an exempt person,” substitute “ an exempt person ”.

• (9) In rule 15 (readmission to the register), in paragraph (2), after “6(1)” insert “ to (1E)& ”.

• (10) In rule 20 (period during which an appeal may be made)—

• (a) in paragraph (a), for “sub-paragraph (a)” substitute “ sub-paragraph (a), (aa) ”; and

• (b) in paragraph (b), for “article 9(4)” substitute “ article 9(5) ”.

• (11) In rule 21 (notice of appeal), in paragraph (2)(a)(iii), after “37(1)(a),” insert “ (aa), ”.

• (12) Omit Schedule 1 (extract from the Second Nursing Directive).

• (13) Omit Schedule 2 (extract from the Second Midwifery Directive).

• (14) In Schedule 3 (application for admission to a part of the register), after paragraph (b) insert—

(ba) if the applicant is relying on article 13(1)(b), (c), (e) or (f) of the Order and is a national of a relevant European State, proof of her nationality; (bb) if the applicant is relying on article 13(1)(b), (c), (e) or (f) of the Order and is not a national of a relevant European State, proof of the Community right by virtue of which she is an exempt person;

PART 12 — OPTICIANS: OPTICIANS ACT 1989

Amendment of Opticians Act 1989

178

The Opticians Act 1989 is amended in accordance with this Part.

Amendment of section 8

179

In section 8 (qualifications for being registered)—

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

(a) is an exempt person; (b) is permitted to pursue the profession of optometrist or dispensing optician in the United Kingdom by virtue of Part 3 of the General Systems Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); and

; and

• (b) omit subsection (10).

Insertion of sections 8B, 8C and 8D

180

After section 8A insert—

(8B) (1) The Council shall establish and maintain— (a) a register of visiting optometrists from relevant European States; and (b) a register of visiting dispensing opticians from relevant European States. (2) The Council may prescribe particulars to be entered in the registers mentioned in subsection (1). (8C) (1) This section applies to an exempt person (“O”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), in the profession pursued in the United Kingdom by optometrists. (2) Subsection (3) applies if O has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis (O having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by O of services as an optometrist). (3) O is entitled to be registered in the register of visiting optometrists from relevant European States; and the registrar shall give effect to the entitlement. (4) If O is entitled under subsection (3) to be registered in the register of visiting optometrists from relevant European States but is not registered in that register, O shall be treated as being registered in that register. (5) O's entitlement under subsection (3) ceases if O ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis. (6) If— (a) O's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and (b) O's name is registered in the register of visiting optometrists from relevant European States, the registrar may remove O's name from that register. (7) Subsection (8) applies if— (a) O's establishment in State A is subject to a condition relating to O's practice of the profession pursued in the United Kingdom by optometrists; (b) O's name is registered in the register of visiting optometrists from relevant European States; and (c) for any of the purposes of this Act it falls to be decided whether O's fitness to practise is or may be impaired on the ground of misconduct. (8) The matters that may be counted as misconduct include (in particular) any act or omission by O during the course of the provision by O of services as an optometrist in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the profession outside State A, a breach of the condition. (9) In subsections (7) and (8) “condition” includes limitation. (10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the register of visiting optometrists from relevant European States, of any other provision of this Act under which a registered optometrist's name may be removed or erased from that register or under which a registered optometrist's registration in that register may be suspended. (8D) (1) This section applies to an exempt person (“D”) who is lawfully established, in a relevant European State other than the United Kingdom (“State A”), in the profession pursued in the United Kingdom by dispensing opticians. (2) Subsection (3) applies if D has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis (D having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by D of services as a dispensing optician). (3) D is entitled to be registered in the register of visiting dispensing opticians from relevant European States; and the registrar shall give effect to the entitlement. (4) If D is entitled under subsection (3) to be registered in the register of visiting dispensing opticians from relevant European States but is not registered in that register, D shall be treated as being registered in that register. (5) D's entitlement under subsection (3) ceases if D ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis. (6) If— (a) D's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and (b) D's name is registered in the register of visiting dispensing opticians from relevant European States, the registrar may remove D's name from that register. (7) Subsection (8) applies if— (a) D's establishment in State A is subject to a condition relating to D's practice of the profession pursued in the United Kingdom by dispensing opticians; (b) D's name is registered in the register of visiting dispensing opticians from relevant European States; and (c) for any of the purposes of this Act it falls to be decided whether D's fitness to practise is or may be impaired on the ground of misconduct. (8) The matters that may be counted as misconduct include (in particular) any act or omission by D during the course of the provision by D of services as a dispensing optician in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice of the profession outside State A, a breach of the condition. (9) In subsections (7) and (8) “condition” includes limitation. (10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the register of visiting dispensing opticians from relevant European States, of any other provision of this Act under which a registered dispensing optician's name may be removed or erased from that register or under which a registered dispensing optician's registration in that register may be suspended.

Amendment of section 10

181

In section 10 (general provisions as to registers and lists)—

• (a) in subsection (1)(c), for “prescribing” substitute “ subject to subsection (1ZA), prescribing ”; and

• (b) after subsection (1) insert—

(1ZA) Rules under subsection (1) may not make provision for the payment of fees in connection with registration in a register maintained under section 8B.

Amendment of section 10A

182

In section 10A (insurance for individual registrants and persons applying for their name to be registered), after subsection (6) insert—

(6A) Subsections (1) to (6) do not apply in relation to persons who are registered, or who are seeking registration, in a register maintained under section 8B.

Amendment of section 11A

183

In section 11A (requirement for continuing education and training), after subsection (4) add—

(5) Subsection (6) circumscribes the power under subsection (1) in relation to a person (“P”)— (a) who is a registered optometrist only as a result of being in the register of visiting optometrists from relevant European States, or (b) who is a registered dispensing optician only as a result of being in the register of visiting dispensing opticians from relevant European States. (6) A scheme made by rules under subsection (1)— (a) may not impose requirements on P if P is required to undertake, in P's home State, continuing education and training in relation to the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be); and (b) where it imposes requirements on P— (i) shall take account of the fact that P is fully qualified to pursue that profession in P's home State, and (ii) shall specify that continuing education and training which P is required to undertake by the requirements may be undertaken outside the United Kingdom. (7) In subsection (6) “home State”, in relation to P, means the relevant European State in which P is lawfully established in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).

Amendment of section 11B

184

In section 11B (failure to satisfy requirements imposed under a scheme), after subsection (1) insert—

(1A) Subsection (1B) circumscribes the power under subsection (1) in relation to a person (“P”)— (a) who is a registered optometrist only as a result of being in the register of visiting optometrists from relevant European States, or (b) who is a registered dispensing optician only as a result of being in the register of visiting dispensing opticians from relevant European States. (1B) A power under subsection (1)(a) is exercisable in relation to P only if it also appears to the registrar that, in the circumstances of the case, exercise of the power is an appropriate and proportionate sanction in view of P's continued lawful establishment in P's home State in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be). (1C) In subsection (1B) “home State”, in relation to P, means the relevant European State in which P is lawfully established in the profession pursued in the United Kingdom by optometrists or dispensing opticians (as the case may be).

Amendment of section 28

185

In section 28 (penalty for pretending to be registered etc), in subsection (1)—

• (a) in paragraph (a), for “registered in the register of optometrists” substitute “ a registered optometrist ”;

• (b) in paragraph (b), for “registered in the register of dispensing opticians” substitute “ a registered dispensing optician ”; and

• (c) in paragraph (c), for “registered in the register of optometrists maintained under section 7 above” substitute “ a registered optometrist ”.

Amendment of section 29

186

In section 29 (provision as to death or bankruptcy of registered optician), after subsection (2) insert—

(2A) In subsections (1) and (2)— - “registered optometrist” does not include a person registered in the register maintained under section 8B(1)(a); - “registered dispensing optician” does not include a person registered in the register maintained under section 8B(1)(b).

Amendment of section 36

187

In section 36 (interpretation), in subsection (1)—

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

“exempt person”, in relation to the profession of optometrist or the profession of dispensing optician, means— 1. a national of a relevant European State other than the United Kingdom; 2. a national of the United Kingdom who is seeking access to, or is pursuing, the profession by virtue of an enforceable Community right; or 3. a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;

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

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

• (c) in the definition of “individual registrant”, for “section 7 or 8A” substitute “ section 7, 8A or 8B ”;

• (d) in the definition of “register”—

• (i) after paragraph (c) insert—

(ca) the registers of visiting optometrists from relevant European States and visiting dispensing opticians from relevant European States maintained under section 8B;

, and

• (ii) for “except where used in relation to medical practitioners” substitute “ except in the expressions “registered medical practitioner”, “registered dispensing optician” and “registered optometrist” ”;

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

• “registered dispensing optician” means a person whose name is in the register of dispensing opticians maintained under section 7 or in the register of visiting dispensing opticians from relevant European States maintained under section 8B;
• “registered optometrist” means a person whose name is in the register of optometrists maintained under section 7 or in the register of visiting optometrists from relevant European States maintained under section 8B;

; and

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

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

Amendment of Schedule 1A

188

In Schedule 1A (registration appeals), in paragraph 2(1)—

• (a) after paragraph (a) insert—

(aa) a decision by the Council under Part 3 of the General Systems Regulations on an application made under section 8 above to require an exempt person to complete an adaptation period, or pass an aptitude test, in connection with becoming entitled by virtue of that Part of those Regulations to pursue in the United Kingdom the profession of optometrist or dispensing optician;

; and

• (b) after paragraph (c) insert—

(ca) a decision by the Council not to register an individual in the register of visiting optometrists from relevant European States or the register of visiting dispensing opticians from relevant European States maintained under section 8B above;

PART 13 — OPTICIANS: OTHER LEGISLATION

Amendment of the National Health Service Act 1977

189

In the National Health Service Act 1977 , in section 128 (interpretation and construction), in subsection (1), in the definition of “ophthalmic optician”, after “Opticians Act 1989” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act , ”.

Amendment of the National Health Service (Scotland) Act 1978

190

In the National Health Service (Scotland) Act 1978 , in section 108 (interpretation and construction), in subsection (1), in the definition of “ophthalmic optician”, after “Opticians Act 1989” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979

191

In the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979 , in article 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “optician” substitute—

“optician” means a person whose name is entered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act.

Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979

192

In the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979 , in regulation 2 (interpretation), in paragraph (1), for the definition of “optician” substitute—

“optician” means a person whose name is entered in the register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States or visiting dispensing opticians from relevant European States maintained under section 8B of that Act; and

Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980

193

In the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “registered optometrist” substitute—

“registered optometrist” means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act;

Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986

194

In the National Health Service (General Ophthalmic Services) Regulations 1986 , in regulation 2 (interpretation), in paragraph (1), in the definition of “optician”, after “Opticians Act 1989” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992

195

In the National Health Service (Service Committees and Tribunal) Regulations 1992 , in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “optician”, after “section 7(a) of that Act” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Amendment of the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993

196

In the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993 , in rule 4 (classes of persons training as optometrists), in paragraph (c)—

• (a) for “Regulation 6 of the European Communities (Recognition of Professional Qualifications) Regulations 1991” substitute “ the General Systems Regulations ”; and

• (b) for “that regulation” substitute “ those Regulations ”.

Amendment of the Prescription Only Medicines (Human Use) Order 1997

197

In the Prescription Only Medicines (Human Use) Order 1997 , in article 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “registered optometrist” substitute—

“registered optometrist” means a person whose name is registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act;

Amendment of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999

198

In the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 , in regulation 1 (citation, commencement and interpretation), in paragraph (2), in paragraph (d) of the definition of “health professional”, after “section 7” insert “ or 8B ”.

Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

199

In the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 , in regulation 5 (disqualification for appointment: chairman and non-officer members), in paragraph (5)(d), after “section 7” insert “ or 8B ”.

Amendment of the General Social Care Council (Appointments and Procedure) Regulations 2001

200

In the General Social Care Council (Appointments and Procedure) Regulations 2001 , in regulation 4 (disqualification for appointment), in paragraph (7)(d), after “section 7” insert “ or 8B ”.

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

201

In the Medicines for Human Use (Clinical Trials) Regulations 2004 , in regulation 2 (interpretation), in paragraph (1), for paragraph (e) of the definition of “health care professional” substitute—

(e) a person registered in the register of optometrists maintained under section 7(a) of the Opticians Act 1989, or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act,

Amendment of the General Optical Council (Registration Rules) 2005

202

In the General Optical Council (Registration Rules) 2005 —

• (a) in rule 2 (interpretation), after paragraph (1) insert—

(1A) These Rules do not apply in relation to registration in a register maintained under section 8B (registers relating to visiting opticians from relevant European States), except for rules 21A (visiting opticians from relevant European States: registration information), 21B (visiting opticians from relevant European States: changes in information provided to the Council) and 25(a) (erasure of registration).

• (b) in rule 12 (registration and restoration of registration)—

• (i) the existing provision shall be numbered as paragraph (1), and

• (ii) after that provision add—

(2) In determining an application by a person who falls within section 8(1A)(a), the Council— (a) shall take into account all his qualifications, knowledge or experience, wherever acquired, which are relevant to the determination of his application; and (b) if the person holds a qualification which— (i) was granted otherwise than in a relevant European State , but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as an optometrist or a dispensing optician in that State, shall take that acceptance into account.

• (c) in rule 13 (entry and restoration of an entry relating to a specialty in a register), in paragraph (2)(a), for “another EEA State” substitute “ a relevant European State other than the United Kingdom ”; and

• (d) after rule 21 insert—

(21A) The register of visiting optometrists from relevant European States and the register of visiting dispensing opticians from relevant European States shall contain, in respect of each person whose name is registered in either of those registers, the following particulars— (a) the person's full name; (b) the person's registration number; (c) the date of the person's registration; and (d) the person's contact address in the United Kingdom. (21B) A person whose name is registered in the register of visiting optometrists from relevant European States or in the register of visiting dispensing opticians from relevant European States shall notify the Council forthwith of— (a) any change to the name under which he practises; or (b) any change to the contact details that he has notified to the Council.

Amendment of the National Health Service Act 2006

203

In the National Health Service Act 2006 , in section 275 (interpretation), in subsection (1), in the definition of “optometrist”, after “Act 1989 (c.44)” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Amendment of the National Health Service (Wales) Act 2006

204

In the National Health Service (Wales) Act 2006 , in section 206 (interpretation), in subsection (1), in the definition of “optometrist”, after “Act 1989 (c.44)” insert “ , or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act, ”.

Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

205

In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 , in regulation 2(1) (interpretation), in the definitions of “optometrist” and “register”, after “Opticians Act 1989” insert “ or in the register of visiting optometrists from relevant European States maintained under section 8B(1)(a) of that Act ”.

PART 14 — OSTEOPATHS: OSTEOPATHS ACT 1993

Amendment of the Osteopaths Act 1993

206

The Osteopaths Act 1993 shall be amended in accordance with this Part.

Insertion of section 5A

207

After section 5 insert—

(5A) (1) This section applies to an exempt person (“V”) who is lawfully established as an osteopath in a relevant European State other than the United Kingdom (“State A”). (2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as an osteopath in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as an osteopath). (3) V is entitled to be registered as a temporarily registered osteopath; and the Registrar shall give effect to the entitlement. (4) If V is entitled under subsection (3) to be registered as a temporarily registered osteopath but is not registered with temporary registration, V shall be treated as being registered with temporary registration. (5) V's entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as an osteopath in the United Kingdom on a temporary and occasional basis. (6) If— (a) V's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and (b) V is registered as a temporarily registered osteopath, the Registrar may remove from the register V's entry as a temporarily registered osteopath. (7) Subsection (8) applies if— (a) V's establishment in State A is subject to a condition relating to V's practice as an osteopath, (b) V is registered as a temporarily registered osteopath, and (c) for any of the purposes of this Act it falls to be decided whether V is or may be guilty of unacceptable professional conduct. (8) The matters that may be counted as unacceptable professional conduct include (in particular) any act or omission by V during the course of the provision by V of services as an osteopath in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice as an osteopath outside State A, a breach of the condition. (9) In subsections (7) and (8) “condition” includes limitation. (10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to temporarily registered osteopaths, of any other provision of this Act under which a registered osteopath's name may be removed from the register or under which a registered osteopath's registration may be suspended.

Amendment of section 6

208

In section 6 (registration: supplemental provision)—

• (a) in subsection (1)(a), for “or provisional registration” substitute “ , provisional or temporary registration ”;

• (b) in subsection (2), for “The General Council” substitute “ Subject to subsection (4A), the General Council ”;

• (c) after subsection (4) insert—

(4A) Rules under this section may not prescribe a fee in connection with temporary registration.

• (d) in subsection (5), after “payment” insert “ , except in the case of temporary registration, ”; and

• (e) after subsection (5) add—

(6) In subsection (3)(b) to (f), “registration” does not include temporary registration.

Amendment of section 8

209

In section 8 (restoration to the register of osteopaths who have been struck off), in subsection (8), for “or provisionally registered osteopaths” substitute “ , provisionally registered osteopaths or temporarily registered osteopaths ”.

Amendment of section 17

210

In section 17 (post registration training), after subsection (2) insert—

(2A) Subsections (1) and (2), so far as relating to a person (“P”) who is a registered osteopath only as a result of being registered with temporary registration, have effect subject to, respectively, subsections (2B) and (2C). (2B) Rules made under subsection (1)— (a) may not impose requirements on P if P is required to undertake, in P's home State, further courses of training in relation to the profession of osteopathy; and (b) where they impose requirements on P— (i) shall take account of the fact that P is a fully qualified osteopath in P's home State, and (ii) shall specify that training which P is required to undertake by the requirements may be undertaken outside the United Kingdom. (2C) Where rules make provision such as is mentioned in subsection (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P's continued lawful establishment as an osteopath in P's home State. (2D) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as an osteopath.

Amendment of section 29

211

In section 29 (appeals against decisions of the Registrar), in subsection (1), after paragraph (b) insert—

(ba) refuses to register a person with temporary registration,

Insertion of section 29A

212

After section 29 insert—

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

Amendment of section 37

213

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

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

Amendment of section 41

214

In section 41 (interpretation)—

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

“exempt person” means— 1. a national of a relevant European State other than the United Kingdom, 2. a national of the United Kingdom who is seeking access to, or is pursuing, the profession of osteopathy by virtue of an enforceable Community right, or 3. a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, for the purposes of access to and pursuit of the profession of osteopathy, no less favourably than a national of a relevant European State, and in this definition, “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;;

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

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

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

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

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

; and

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

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

PART 15 — OSTEOPATHS: OTHER LEGISLATION

Amendment of the General Osteopathic Council (Registration) Rules 1998

215

In the General Osteopathic Council (Registration) Rules 1998 —

• (a) in rule 3 (the form of the register)—

• (i) in paragraph (1), for “European Economic Area State” (in both places) substitute “ relevant European State ”,

• (ii) in paragraph (3)—

• (aa) in sub-paragraph (b), for “fully registered or conditionally registered” substitute “ fully registered, conditionally registered or temporarily registered ”,

• (bb) in sub-paragraph (d), for “ “full” or “conditional”” substitute “ “full”, “conditional” or “temporary” ”, and

• (iii) in paragraph (4), omit sub-paragraph (b); and

• (b) in rule 7 (issue and form of certificates), in paragraph (2)(a)(iv), after “fully registered osteopath” insert “ , a temporarily registered osteopath ”.

Amendment of the General Osteopathic Council (Professional Indemnity Insurance) Rules 1998

216

In the General Osteopathic Council (Professional Indemnity Insurance) Rules 1998 , in rule 2 (interpretation), in paragraph (1), for the definition of “osteopath” substitute—

“osteopath” means a person who is registered as a fully registered osteopath, as a conditionally registered osteopath or as a provisionally registered osteopath;

Amendment of the General Osteopathic Council (Recognition of Qualifications) Rules 2000

217

In the General Osteopathic Council (Recognition of Qualifications) Rules 2000 , in rule 4 (non-United Kingdom qualifications)—

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

• (b) after paragraph (1) insert—

(2) In considering whether an exempt person has reached the required standard of proficiency for the purposes of paragraph (1)(c), the Registrar— (a) shall take into account all his relevant qualifications, knowledge and experience, wherever acquired; and (b) if the applicant holds a qualification which— (i) was granted otherwise than in a relevant European State, but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as an osteopath in that State, shall take that acceptance into account.

PART 16 — CHIROPRACTORS: CHIROPRACTORS ACT 1994

Amendment of the Chiropractors Act 1994

218

The Chiropractors Act 1994 shall be amended in accordance with this Part.

Insertion of section 5A

219

After section 5 insert—

(5A) (1) This section applies to an exempt person (“V”) who is lawfully established as a chiropractor in a relevant European State other than the United Kingdom (“State A”). (2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as a chiropractor in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a chiropractor). (3) V is entitled to be registered as a temporarily registered chiropractor; and the Registrar shall give effect to the entitlement. (4) If V is entitled under subsection (3) to be registered as a temporarily registered chiropractor but is not registered with temporary registration, V shall be treated as being registered with temporary registration. (5) V's entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as a chiropractor in the United Kingdom on a temporary and occasional basis. (6) If— (a) V's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and (b) V is registered as a temporarily registered chiropractor, the Registrar may remove from the register V's entry as a temporarily registered chiropractor. (7) Subsection (8) applies if— (a) V's establishment in State A is subject to a condition relating to V's practice as a chiropractor, (b) V is registered as a temporarily registered chiropractor, and (c) for any of the purposes of this Act it falls to be decided whether V is or may be guilty of unacceptable professional conduct. (8) The matters that may be counted as unacceptable professional conduct include (in particular) any act or omission by V during the course of the provision by V of services as a chiropractor in the United Kingdom on a temporary and occasional basis that is, or would be if the condition applied in relation to practice as a chiropractor outside State A, a breach of the condition. (9) In subsections (7) and (8) “condition” includes limitation. (10) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to temporarily registered chiropractors, of any other provision of this Act under which a registered chiropractor's name may be removed from the register or under which a registered chiropractor's registration may be suspended.

Amendment of section 6

220

In section 6 (registration: supplemental provision)—

• (a) in subsection (1)(a), for “or provisional registration” substitute “ , provisional or temporary registration ”;

• (b) in subsection (2), for “The General Council” substitute “ Subject to subsection (4A), the General Council ”;

• (c) after subsection (4) insert—

(4A) Rules under this section may not prescribe a fee in connection with temporary registration.

• (d) in subsection (5), after “payment” insert “ , except in the case of temporary registration, ”; and

• (e) after subsection (5) add—

(6) In subsection (3)(b) to (f), “registration” does not include temporary registration.

Amendment of section 8

221

In section 8 (restoration to the register of chiropractors who have been struck off), in subsection (8), for “or provisionally registered chiropractors” substitute “ , provisionally registered chiropractors or temporarily registered chiropractors ”.

Amendment of section 17

222

In section 17 (post registration training), after subsection (2) insert—

(2A) Subsections (1) and (2), so far as relating to a person (“P”) who is a registered chiropractor only as a result of being registered with temporary registration, have effect subject to, respectively, subsections (2B) and (2C). (2B) Rules made under subsection (1)— (a) may not impose requirements on P if P is required to undertake, in P's home State, further courses of training in relation to the profession of chiropractic; and (b) where they impose requirements on P— (i) shall take account of the fact that P is a fully qualified chiropractor in P's home State, and (ii) shall specify that training which P is required to undertake by the requirements may be undertaken outside the United Kingdom. (2C) Where rules make provision such as is mentioned in subsection (2), the rules must secure that any sanction imposed in relation to P by or under that provision is appropriate and proportionate in view of P's continued lawful establishment as a chiropractor in P's home State. (2D) In this section “home State”, in relation to P, means the relevant European State in which P is lawfully established as a chiropractor.

Amendment of section 29

223

In section 29 (appeals against decisions of the Registrar), in subsection (1), after paragraph (b) insert—

(ba) refuses to register a person with temporary registration,

Insertion of section 29A

224

After section 29 insert—