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

• (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—

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

Amendment of section 37

225

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

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

Amendment of section 43

226

In section 43 (interpretation)—

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

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

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

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

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

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

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

; and

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

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

PART 17 — CHIROPRACTORS: OTHER LEGISLATION

Amendment of the General Chiropractic Council (Registration) Rules 1999

227

In the General Chiropractic Council (Registration) Rules 1999 —

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

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

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

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

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

• (e) in Schedule 2 (fees)—

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

• (ii) omit paragraph 6.

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

228

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

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

• (b) after paragraph (1) add—

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

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

229

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

• (2) In rule 2 (interpretation, etc), after the definition of “the Council” insert—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications , and references in these Rules to the Directive are to the Directive as amended from time to time;

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

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

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

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

• (c) after paragraph (2) add—

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

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

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

• (b) after paragraph (1) insert—

(1A) In considering whether an applicant who is an exempt person has reached the required standard of proficiency for the purposes of rule 5(1), the Registrar— (a) shall take into account all his relevant qualifications, knowledge and experience, wherever acquired; and (b) if the applicant holds a qualification which— (i) was granted otherwise than in a relevant European State, but (ii) has been accepted by a relevant European State, other than the United Kingdom, as qualifying him to practise as a chiropractor in that State, shall take that acceptance into account.

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

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

• (8) In rule 10 (applications)—

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

• (b) omit paragraph (4).

• (9) For rules 11 and 12 substitute—

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

PART 18 — SOCIAL WORKERS: CARE STANDARDS ACT 2000

Amendment of the Care Standards Act 2000

230

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

Amendment of section 55

231

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

(6) “The General Systems Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781). (7) “Relevant European State” means an EEA State or Switzerland. (8) “Exempt person” means— (a) a national of a relevant European State other than the United Kingdom, (b) a national of the United Kingdom who is seeking to engage in relevant social work by virtue of an enforceable Community right, or (c) a person who is not a national of a relevant European State but who is, by virtue of an enforceable Community right, entitled to be treated, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State; and in this subsection, “national”, in relation to a relevant European State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and the Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.

Amendment of section 56

232

In section 56 (the register)—

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

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

; and

• (b) for subsection (2) substitute—

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

Amendment of section 57

233

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

Amendment of section 58

234

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

Insertion of section 58A

235

After section 58 insert—

(58A) (1) This section applies to an exempt person (“V”) who is lawfully established as a social worker in a relevant European State other than the United Kingdom. (2) Subsection (3) applies if V has the benefit of regulation 8 of the General Systems Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis (V having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by V of services as a social worker). (3) V is entitled to be registered in the visiting European part of the register maintained by a Council; and the Council shall give effect to the entitlement. (4) If V is entitled under subsection (3) to be registered in the visiting European part of a register but is not registered in that part, V shall be treated as being registered in that part. (5) V's entitlement under subsection (3) ceases if V ceases, whether as a result of the operation of regulation 17 of the General Systems Regulations or otherwise, to have the benefit of regulation 8 of those Regulations in connection with the provision by V of services as a social worker in the United Kingdom on a temporary and occasional basis. (6) If— (a) V's entitlement under subsection (3) ceases by reason of the operation of subsection (5), and (b) V is registered in the visiting European part of the register maintained by a Council, that Council may remove V from that part. (7) Subsections (1) to (6) are not to be taken to prejudice the application, in relation to persons registered in the visiting European part of the register maintained by a Council, of rules under section 59.

Amendment of section 60

236

In section 60 (rules about registration)—

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

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