LegalizeThe European Qualifications (Health and Social Care Professions) Regulations 2007
The subject matter of section 21 of the National Health Service (Scotland) Act 1978 (requirement of suitable experience for medical practitioners) is not a reserved matter under the Scotland Act 1998 (c.46). In addition, the regulation of the professions of social worker, operating department practitioner, pharmacy technician, dental nurse, clinical dental technician, dental technician and orthodontic therapist is not a reserved matter under that Act. Therefore, as regards Scotland, see section 57(1) of the Scotland Act 1998 which provides that, despite the transfer to the Scottish Ministers by virtue of section 53 of that Act of functions in relation to observing and implementing Community law, any function of a Minister of the Crown in relation to any matter (including therefore in relation to the subject matter of section 21 of the National Health Service (Scotland) Act 1978 and in relation to the regulation of the professions specified above) shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Section 2 was amended by S.I. 1996/1591, 2002/3135 and 2006/1914.
Section 3 was substituted by S.I. 1996/1591 and amended by S.I. 2003/3148, 2004/1947 and 2006/1914.
Section 5 was amended by S.I. 1996/1591, 2003/3148, 2004/1947 and 2006/1914.
The Directive was amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Section 10A was inserted by S.I. 2006/1914.
Section 14(3) was inserted by S.I. 1996/1591.
Section 15A was inserted by S.I. 2000/3041 and amended by S.I. 2006/1914.
Section 16 was amended by S.I. 1996/1591, 2000/3041 and 2002/3135.
Section 17 was substituted by S.I. 1996/1591 and amended by S.I. 2003/3148 and 2004/1947.
Section 18 was amended by S.I. 1996/1591.
Section 19 was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.
Section 21(2) was amended by S.I. 2002/3135, and the heading of section 21 was amended by S.I. 2006/1914.
Section 21B was inserted by S.I. 2006/1914.
Section 21C was inserted by S.I. 2006/1914.
Section 26 was amended by S.I. 2002/3135 and 2006/1914.
Section 30 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.
Section 32 was amended by S.I. 1996/1591 and 2006/1914 and by the Medical (Professional Performance) Act 1995 (c.51), paragraph 3 of the Schedule.
Section 40 was substituted by S.I. 2002/3135 and amended by S.I. 2006/1914.
Section 44 was amended by S.I. 1996/1591 and substituted by S.I. 2002/3135.
Section 44B was inserted by S.I. 2006/1914; in that S.I. as originally printed, the inserted section 44B had two subsections (9), but a correction slip was issued confirming that the second of them is in fact subsection (10).
Section 45 was amended by S.I. 1996/1591, 2000/1803, 2002/3135 and 2006/1914.
Section 46 was amended by S.I. 1996/1591, 2002/3135 and 2006/1914.
Section 49(2) was amended by S.I. 1996/1591.
Section 55 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.
Directive 93/16/EEC was last amended by the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Athens on 16th April 2003, and was repealed with effect from 20th October 2007 by Directive 2005/36/EC.
Schedule 2 was substituted by S.I. 2003/3148 and amended by S.I. 2004/1947.
Schedule 3 was amended by S.I. 1996/1591, 2000/3041, 2002/3135 and 2006/1914.
Schedule 3A was inserted by S.I. 2002/3135 and amended by S.I. 2006/1914.
There are no relevant amendments to Schedule 4.
Article 8 was amended by S.I. 2004/1947.
There are no relevant amendments to article 10.
Article 11 was amended by S.I. 2004/865, 1016 and 1947.
Article 12 was amended by S.I. 2004/865 and 1016.
Article 15 was amended by S.I. 2004/1947.
Article 21 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 11, Part 3, paragraph 5.
Relevant amendments to Schedule 1 were made by S.I. 2004/1947.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
There are no relevant amendments to Schedule 3.
1994 c.23, to which there are amendments not relevant to these Regulations.
Scheduled to S.I. 2004/2608.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Paragraph (h) of article 14 is partly in force.
Article 21 has not yet been brought into force.
Article 22 has not yet been brought into force.
Article 23 has not yet been brought into force.
Article 25 has not yet been brought into force.
Article 27 has been brought into force for the purpose only of the exercise of the power to make rules.
Article 28 has been brought into force for the purpose only of the exercise of the power to make rules.
Article 39 has been brought into force for the purpose only of the exercise of the power to make rules.
Sub-paragraph (d) of article 42(1) has not yet been brought into force.
Sub-paragraph (e) of article 42(1) has not yet been brought into force.
Sub-paragraph (f) of article 42(1) has not yet been brought into force.
In Northern Ireland, the competent authority for the purposes of the Directive so far as relating to the profession of pharmacist is the Pharmaceutical Society of Northern Ireland.
Section 69 was amended by the Statute Law (Repeals) Act 1993 (c.50), Schedule 1, Part 12, and by S.I. 1976/1213 and 2007/289.
Section 70 was amended by S.I. 2007/289 and is to be substituted by section 27 of the Health Act 2006 (c.28) on a date to be appointed.
Section 71 was amended by S.I. 2007/289 and is to be substituted by section 28 of the Health Act 2006 on a date to be appointed.
The definition of “pharmacist” was amended by S.I. 1976/1213 and 2007/289.
S.I. 2004/1031; the definition of “pharmacist” was amended by S.I. 2007/289.
S.I. 2005/916; article 5(3)(c) was amended by S.I. 2007/289.
S.S.I. 2005/125; article 5(2)(b)(iii) was amended by S.I. 2007/289.
The definition of “registered pharmacist” was substituted by S.I. 2007/289.
The definition of “registered pharmacist” was substituted by S.I. 2007/289.
Scheduled to S.I. 2007/441.
“Relevant European State” is defined in the Pharmacists and Pharmacy Technicians Order 2007 as meaning an EEA State or Switzerland.
“Attesting State” is defined in article 17(9) of the Pharmacists and Pharmacy Technicians Order 2007.
“The Directive” is defined in the Pharmacists and Pharmacy Technicians Order as meaning Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005.
Section 14 was substituted by S.I. 2005/2011.
Section 15 was amended by S.I. 1996/1496, 1998/811, 2003/3148 and 2004/1947.
Subsection (2A) was inserted by S.I. 1998/811 and amended by S.I. 2003/3148.
Section 17 was amended by S.I. 1998/811 and 2003/3148.
Section 18 was amended by S.I. 1996/1496 and 2005/2011.
Section 19 was amended by S.I. 2001/3926 and 2005/2011.
Section 21A was inserted by S.I. 1998/811.
Section 34A was inserted by S.I. 2001/3926 but is prospectively substituted by S.I. 2005/2011 except that the 2005 version, for the purpose of the exercise of power to make rules, is in force alongside the 2001 version.
Section 35 was amended by S.I. 1996/1496 and 2005/2011.
Section 36 was amended by S.I. 1996/1496.
SeeS.I. 2007/2781, regulation 4 and Part 1 of Schedule 1, for the designation of the Council as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the professions pursued by dental hygienists, dental therapists, clinical dental technicians, dental nurses, dental technicians and orthodontic therapists.
Section 36B was inserted by S.I. 2005/2011.
Section 36C was inserted by S.I. 2005/2011 and amended by S.I. 2006/1718.
Section 36E was inserted by S.I. 2005/2011.
Section 36F was inserted by S.I. 2005/2011.
Section 36Z2 was inserted by S.I. 2005/2011, and has been brought into force for the purpose only of the exercise of the power to make rules.
Section 36Z1 was inserted by S.I. 2005/2011, and has been brought into force for the purpose only of the exercise of the power to make rules.
Subsection (1) was amended by S.I. 1996/1496 and 2005/2011.
Section 39 was amended by S.I. 1996/1496 and 2005/2011.
Subsection (1) was amended by S.I. 1996/1496 and 2005/2011.
The Directive was amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Paragraph 1 was substituted by S.I. 1996/1496 and amended by S.I. 2003/3148 and 2004/1947.
Paragraph 2 was substituted by S.I. 1996/1496.
Paragraph 3 was amended by S.I. 1996/1496.
Paragraph 3A was inserted by S.I. 1996/1496.
Paragraph 4 was amended by S.I. 1996/1496.
Paragraphs 5 and 6 were inserted by S.I. 1986/23 and substituted by SI 1996/1496.
Paragraph 6A was inserted by S.I. 2003/3148.
Paragraph 7 was substituted by S.I. 1996/1496.
Paragraph 8 was inserted by S.I. 2004/1947.
Paragraphs 9 and 10 were inserted by S.I. 2004/1947.
Part II was substituted by S.I. 2003/3148 and amended by S.I. 2004/1947.
Schedule 2A was inserted by S.I. 2005/2011.
Schedule 4A was inserted by S.I. 2005/2011.
Regulation 2 was amended by S.I. 2003/3148 and 2004/1947.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Regulation 4 was amended by S.I. 2003/3148.
Regulation 9 was amended by S.I. 2003/3148.
Regulation 10 was amended by S.I. 2003/3148 and 2004/1947.
Regulation 13 was substituted by S.I. 2003/3148.
The definition of “dentist” was amended by the Dentists Act 1984 (c.24), section 54(1), Schedule 5, paragraph 2, and by S.I. 1996/1496.
The definition of “dentist” was amended by the Dentists Act 1984, section 54(1), Schedule 5, paragraph 3, and by S.I. 1996/1496.
The definition of “dentist” was amended by the Dentists Act 1984, section 54(1), Schedule 5, paragraph 4, and by S.I. 1996/1496.
S.I. 2004/1031; there are no relevant amending instruments.
See S.I. 2007/2781, regulation 4 and Part 1 of Schedule 1, for the designation of the Council as the competent authority in the United Kingdom for the purposes of the Directive so far as relating to the profession pursued in the United Kingdom by nurses other than those admitted to sub-part 1 of the nurses' part of the register whose field of practice is adult nursing.
Relevant amendments to Schedule 4 were made by S.I. 2003/3148 and 2004/1947.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Scheduled to S.I. 2004/1654.
Rule 3 was amended by S.I. 2005/3353 and 2007/1885.
S.I. 2004/1765; there are no relevant amending instruments.
“Visiting nurse or midwife from a relevant European State” is defined in Schedule 4 to the Order as a nurse or midwife registered in exercise of entitlement under article 39A of or Schedule 2A to the Order.
“The Directive” is defined in Schedule 4 to the Order as Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005.
Scheduled to S.I. 2004/1767; there are no relevant amending instruments.
“The Directive” is defined in Schedule 4 to the Order as Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005.
“Visiting nurse or midwife from a relevant European State” is defined in Schedule 4 to the Order as a nurse or midwife registered in exercise of entitlement under article 39A of or Schedule 2A to the Order.
“Exempt person” is defined in Schedule 4 to the Order.
Section 8 was amended by S.I. 2005/848.
Section 8A was inserted by S.I. 2005/848.
Section 10 was amended by S.I. 2005/848.
Section 10A was inserted by S.I. 2005/848.
Section 11A was inserted by S.I. 2005/848.
Section 11B was inserted by S.I. 2005/848.
Section 28 was amended by S.I. 2005/848.
Relevant amendments were made to section 29 by S.I. 2005/848.
Section 36 was amended by S.I. 2005/848.
Schedule 1A was inserted by S.I. 2005/848.
1977 c.49. The definition of “ophthalmic optician” was substituted by S.I. 2005/848, and is prospectively amended by the Health Act 2006 (c.28), Schedule 8, paragraph 24(b). The National Health Service Act 1977 (“the 1977 Act”) was repealed by the National Health Service (Consequential Provisions) Act 2006 (c.43) (“the 2006 Act”). However, by virtue of section 8(4)(q) and (5) of the 2006 Act, the repeal of the definition of “ophthalmic optician” in the 1977 Act has not yet come into force.
Section 8B was inserted by S.I. 2007/3101
S.I. 1979/1585; a relevant amendment was made by S.I. 2005/848.
S.I. 1979/1760, amended by S.I. 2005/848.
S.I. 1980/1923; a relevant amendment was made by S.I. 2005/1520.
S.I. 1986/975; a relevant amendment was made by S.I. 2005/1481.
S.I. 1992/664; a relevant amendment was made by S.I. 2005/848.
Scheduled to S.I. 1994/70; relevant amendments were made by S.I. 2005/848.
The “General Systems Regulations” are defined in section 36 of the Opticians Act 1989.
S.I. 1997/1830; a relevant amendment was made by S.I. 2005/848.
S.I. 1999/2337; a relevant amendment was made by S.I. 2005/848.
S.I. 2000/89; a relevant amendment was made by S.I. 2005/848.
S.I. 2001/1744; a relevant amendment was made by S.I. 2005/848.
S.I. 2004/1031; there are no relevant amending instruments.
Scheduled to S.I. 2005/1478.
“Relevant European State” is defined in section 36 of the Opticians Act 1989.
2006 c.41. By virtue of section 277(3)(o) and (4) of the National Health Service Act 2006, the definition of “optometrist” in that Act does not come into force until the commencement of paragraph 24(b) of Schedule 8 to the Health Act 2006 (c.28) (which amends the definition of “ophthalmic optician” in the National Health Service Act 1977 (c.49)). See also paragraph 4 of Schedule 3 to the National Health Service (Consequential Provisions) Act 2006 (c.43).
Section 29 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 33.
Section 41 was amended by the Chiropractors Act 1994 (c.17), Schedule 2.
Scheduled to S.I. 1998/1328, amended by S.I. 2004/1947.
“Temporarily registered osteopath” is defined in section 41 of the Osteopaths Act 1993.
Scheduled to S.I. 1998/1329.
Scheduled to S.I. 2000/1281.
“Exempt person” is defined in section 5A of the Osteopaths Act 1993.
Section 29 was amended by the National Health Service Reform and Health Care Professions Act 2002 (c.17), section 33.
Scheduled to S.I. 1999/1856; relevant amendments to Schedule 2 were made by S.I. 2003/3148 and 2004/1947.
“Temporarily registered chiropractor” is defined in section 43 of the Chiropractors Act 1994.
Scheduled to S.I. 1999/3071.
Scheduled to S.I. 2002/2704.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
“Exempt person” is defined in section 43 of the Chiropractors Act 1994.
Rule 9 was amended by S.I. 2004/1947.
Rule 10 was amended by S.I. 2004/1947.
Rules 11 and 12 were amended by S.I. 2004/1947.
There are no relevant amendments to section 55.
Section 64 was amended by S.I. 2004/1947.
Section 15 was amended by S.I. 2003/431 (N.I. 9).
Section 51 was amended by section 30(5) of the Smoking, Health and Social Care (Scotland) Act 2005, asp 13.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
Article 10 was amended by S.I. 2004/2033.
Article 37 was amended by S.I. 2004/2033.
Article 38 was amended by S.I. 2004/2033.
Schedule 3 was amended by S.I. 2003/3148 and 2004/1947 and 2033.
Article 6 was amended by S.I. 2006/1996.
“Visiting health professional from a relevant European State” is defined in the Order as meaning a person registered in the register in exercise of entitlement under article 13A of the Order.
Scheduled to S.I. 2003/1572; relevant amenments were made to rule 4 by S.I. 2005/1625.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
OJ No. L255, 30.09.2005, p.22, as amended by Council Directive 2006/100/EC of 20th November 2006, OJ No. L363 of 20.12.2006, p.141.
OJ No. L363 of 20.12.2006, p.141.
Words in reg. 1(3) substituted (31.3.2008) by The European Qualifications (Health and Social Care Professions) (Amendment) Regulations 2008 (S.I. 2008/462), regs. 1, 2
Reg. 195 revoked (E.) (1.9.2012) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), reg. 1, Sch. 8 para. 1(3)(h) (with Sch. 7 para. 14(2))
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.