The European Qualifications (Health and Social Care Professions) Regulations 2016

SCHEDULE 2B (1) This Schedule supplements the rights and obligations set out in the Implementing Regulation 2015. (2) In this Schedule— - “automatically recognised nurse” means a person who is entitled to have his or her qualifications as a nurse automatically recognised under articles 21, 23, 49a or 49b of the Directive; - “disqualifying decision” means a decision made by a competent authority or a judicial authority in a person’s home State or host State that has the effect that— the person ceases to be registered or otherwise officially recognised as a nurse in that State; or the person is prohibited, permanently or temporarily, from practising as a nurse in that State; - “EPC applicant” means a person making, or who has made, an EPC application; - “EPC application” means an application for a European professional card made by a person who is seeking to practise as an automatically recognised nurse; - “EPC holder” means a person who holds a valid European professional card as a result of an EPC application; - “home State” means the relevant European State specified by an EPC applicant in his or her EPC application in accordance with article 4 of the Implementing Regulation 2015; - “host State” means the relevant European State in which an EPC applicant seeks to practise as a nurse; - “Implementing Regulation 2015” means Commission Implementing Regulation (EU) No 983 of 2015 on the procedure for issuance of the European professional card and the application of the alert mechanism pursuant to the Directive; - “missing document” means a document which an EPC applicant was required to provide with the EPC application but which the EPC applicant has not provided; - “nurse” means a nurse responsible for general care; and - “occasional nursing services” means the provision of services as a nurse on a temporary and occasional basis. (3) If a person (“P”) who has already made an application for or in relation to a European professional card makes a subsequent or further application for or in relation to a European professional card, the Council may not request resubmission of documents that are contained in P’s IMI file and which are still valid for the purposes of processing P’s subsequent or further application. (4) (1) The Council may revoke a European professional card issued under this Schedule if it appears to the Council that the person (“P”) to whom the card was issued is not entitled to hold the card. (2) P is not entitled to hold a European professional card if, in particular, P is subject to a disqualifying decision. (5) (1) If an automatically recognised nurse (“P”) holds a European professional card issued by the Council, P may, at any time, make a written request to the Council to rectify inaccurate or incomplete data in P’s IMI file or to delete or block P’s IMI file if it contains inaccurate or incomplete data. (2) If the Council is satisfied that the data in P’s IMI file is inaccurate or incomplete, the Council must comply with a request by P under sub-paragraph (1). (3) The Council must notify P of P’s right under sub-paragraph (1)— (a) at the time P’s European professional card is issued; (b) within the period ending two years after the date on which the European professional card was issued; and (c) subsequently at intervals not exceeding two years from the date of the previous notification. (4) A notification under sub-paragraph (3)(b) or (c) must be sent to P by means of an automatic reminder sent through the IMI. (5) The Council must not charge P a fee in relation to the making of a written request under sub-paragraph (1) or in relation to complying with, or responding to, such a request. (6) If— (a) P’s European professional card was issued for the purposes of establishment; (b) P asks the Council to delete P’s IMI file; and (c) P’s host State is the United Kingdom, the Council must provide P with evidence confirming that the Council recognises P’s professional qualifications. (6) If the Council refuses to issue, extend or vary, or decides to revoke, a European professional card under this Schedule, the Council must notify the EPC applicant or the EPC holder of the reasons for that decision and of his or her right of appeal under article 37. (7) (1) This paragraph applies if a person (“P”)— (a) makes an EPC application to the Council; or (b) is an EPC holder and P’s European professional card was issued by the Council. (2) The Council must update P’s IMI file in accordance with sub-paragraphs (3) and (4) in a timely manner. (3) The Council must add to P’s IMI file information, regarding disciplinary action or criminal sanctions, which— (a) relates to a prohibition or restriction on P’s entitlement to practise as a nurse; or (b) has consequences for the pursuit of any activities by P, in P’s capacity as a nurse. (4) The Council must delete from P’s IMI file information regarding disciplinary action or criminal sanctions that is no longer required. (5) The Council must immediately inform P and the competent authorities of other relevant European States that have access to P’s IMI file of any update under this paragraph. (6) The information that may be added or deleted under this paragraph must be limited to details of— (a) P’s identity; (b) information about the national authority or court which has made a decision on a restriction or prohibition applying to P; (c) the scope of the restriction or prohibition; and (d) the period for which the restriction or prohibition applies. (8) (1) The Council may access information on the IMI file of an EPC applicant or an EPC holder, in accordance with Directive 95/46/EC, only if the United Kingdom is the home State or the host State of the applicant or the holder. (2) The Council must provide an EPC applicant or an EPC holder with information on the content of his or her IMI file on request. (9) (1) The Council may process personal data to which it has access under paragraph 8— (a) for as long as it is needed for the purposes of recognition of the professional qualifications of the EPC applicant or the EPC holder; and (b) as evidence of the recognition or transmission of the declaration required as part of the documents submitted under paragraph 12(2). (2) The Council is the controller within the meaning of article 2(d) of Directive 95/46/EC for the purposes of processing personal data in a person’s European professional card or IMI file. (10) (1) This paragraph applies if— (a) a person (“P”) makes an EPC application to the Council for the purposes of establishment as a nurse in a relevant European State other than the United Kingdom; and (b) P’s home State is the United Kingdom. (2) P must submit with the EPC application the appropriate documents listed in paragraph 1 of Part A of Annex 2 to the Implementing Regulation 2015 (in addition to the information required in accordance with article 4 of the Implementing Regulation 2015 that is relevant to the application). (3) Within the period of one week beginning with the date on which it receives the EPC application, the Council must acknowledge receipt of the application and inform P of any missing document. (4) The Council must, within the period of one month beginning with the relevant day— (a) decide whether the documents in P’s IMI file are authentic and valid for the purposes of the EPC application and whether P is qualified as an automatically recognised nurse; and (b) transmit its decision (under paragraph (a)) and the EPC application to the competent authority of P’s host State (in order for that competent authority to decide whether to issue the European professional card: see article 4d(2) of the Directive) and, at the same time, inform P of the status of the application. (5) In this paragraph, “the relevant day” means the later of— (a) the day which falls one week after the day on which the Council receives the EPC application; or (b) the day on which the last relevant document is received by the Council. (6) For the purpose of sub-paragraph (5), “relevant document” means— (a) any previously missing document; or (b) any document that is requested by the Council in connection with the EPC application before the day described in sub-paragraph (5)(a). (11) (1) This paragraph applies if— (a) a person (“P”) makes an EPC application to a competent authority of a relevant European State other than the United Kingdom for the purposes of establishment as a nurse in the United Kingdom; (b) P’s home State is not the United Kingdom; (c) the competent authority of P’s home State has decided whether the documents in P’s IMI file are authentic and valid for the purposes of the EPC application and whether P is qualified as an automatically recognised nurse; and (d) the competent authority of P’s home State transmits the decision described in paragraph (c) and the EPC application to the Council (in order for the Council to decide whether to issue the European professional card: see article 4d(2) of the Directive). (2) The Council may request additional information or a certified copy of a document from the competent authority of P’s home State if it appears to the Council— (a) that the applicant may not be entitled to hold a European professional card in accordance with this Schedule; or (b) that a document or information supplied as part of the EPC application is not, or may not be, valid or correct. (3) Subject to sub-paragraphs (4) to (6), the Council must issue the European professional card within one month of receipt of the EPC application from the competent authority of P’s home State. (4) The Council may extend the period in sub-paragraph (3)— (a) by two weeks; and (b) if considers it necessary to do so, in particular for reasons relating to public health or the safety of recipients or prospective recipients of nursing services from the EPC applicant, by a further two weeks following expiry of the two week extension under paragraph (a). (5) The Council must notify the applicant of any extension under sub-paragraph (4) and the reasons for it. (6) If the Council does not receive the documents or information necessary to determine whether to issue the European professional card, the Council may refuse to issue the card (also see paragraph 6: duty to give reasons and to notify of right of appeal). (7) If the Council fails to make a decision within the time limits set out in this paragraph— (a) the applicant is to be treated as entitled to the European professional card; and (b) the Council must issue the card to the applicant through the IMI immediately. (12) (1) This paragraph applies if— (a) a person (“P”) makes an EPC application to the Council for the purposes of providing occasional nursing services (which do not fall within article 7(4) of the Directive) in one or more relevant European States other than the United Kingdom; and (b) P’s home State is the United Kingdom. (2) P must submit with the EPC application the documents listed in paragraphs (a) to (c) of Part B of Annex 2 to the Implementing Regulation 2015 (in addition to the information required in accordance with article 4 of the Implementing Regulation 2015 that is relevant to the application). (3) Within the period of one week beginning with the date on which the Council receives the EPC application, the Council must acknowledge receipt of the application and inform P of any missing document. (4) The Council must within three weeks of the relevant day— (a) consider P’s EPC application, the authenticity and validity of the supporting documents and whether P is qualified as an automatically recognised nurse; (b) decide whether to approve or refuse the application and whether to issue the European professional card; and (c) transmit its decision (under paragraph (b)) and, if issued, the European professional card, to the competent authority of each host State concerned and, at the same time, inform P of its decision (also see paragraph 6: duty to give reasons and to notify of right of appeal). (5) Unless its period of validity is extended under paragraph 13, a European professional card issued under this paragraph expires 18 months after the date on which it is issued. (6) In this paragraph, “the relevant day” means the later of— (a) the day which falls one week after the day on which the Council receives the EPC application; or (b) the day on which the last relevant document is received by the Council. (7) For the purpose of sub-paragraph (6), “relevant document” means— (a) any previously missing document; or (b) any document that is requested by the Council in connection with the EPC application before the day described in sub-paragraph (6)(a). (13) (1) This paragraph applies to an automatically recognised nurse (“P”) who holds a European professional card issued under paragraph 12. (2) If P wishes to provide relevant nursing services after the end of the period of 18 months beginning with the date on which the card was issued, P may apply to the Council for the period of validity of the card to be extended by 18 months or such shorter period as may be specified in the application. (3) If P wishes to provide relevant nursing services in a host State not already specified on the card, P may apply to the Council for the list of host States specified on the card to be supplemented with the addition of such relevant European States as may be specified in the application. (4) An application under sub-paragraph (2) or (3) must be accompanied by details of any material changes to documentation or information that— (a) was, pursuant to the Implementing Regulation 2015, provided to the Council with the EPC application under paragraph 12; and (b) is recorded in P’s IMI file. (5) After considering an application under sub-paragraph (2) or (3), the Council must— (a) accept the application (see sub-paragraph (6)); or (b) if it appears to the Council that P is not, or may not be, entitled to hold a European professional card, reject the application and inform P of its decision (also see paragraph 6: duty to give reasons and to notify of right of appeal). (6) If the Council accepts the application, the Council must— (a) issue an amended European professional card; (b) transmit the card to the competent authority of each host State specified on the card; and (c) notify P. (7) In this paragraph, “relevant nursing services” means occasional nursing services that are provided or to be provided in a relevant European State other than the United Kingdom. (14) (1) A person (“P”) who holds a valid European professional card for establishment in the United Kingdom is not entitled to practise as a nurse in the United Kingdom on the basis of establishment unless P complies with any requirements of, or under, this Order as to registration in the United Kingdom on that basis. (2) For the purposes of registration, P is not required to resubmit any document or evidence which is contained in P’s IMI file and which is still valid. (15) (1) This paragraph applies to a person (“P”) who holds a valid European professional card, in relation to the provision of occasional nursing services in the United Kingdom, which— (a) has been transmitted to the Council through the IMI by the competent authority of P’s home State (pursuant to article 4c of the Directive); or (b) has been issued by the Council under regulation 52 of the General Systems Regulations. (2) Subject to sub-paragraphs (3) to (6)— (a) P is entitled to be entered in the register and the Council must give effect to that entitlement; and (b) if P is not entered in the register, P is treated as being so entered. (3) If P’s European professional card has been issued by the Council under regulation 52 of the General Systems Regulations, P’s entitlement to be entered in the register ceases at the end of the period of 12 months beginning with the date on which the Council issued P’s card. (4) This sub-paragraph applies if— (a) P’s European professional card is, or becomes, invalid; (b) P is subject to a disqualifying decision; or (c) P becomes established as a nurse in the United Kingdom. (5) If sub-paragraph (4) applies— (a) the Council may refuse to enter P in, or may remove P from, the register; and (b) sub-paragraph (2) ceases to apply. (6) This paragraph is without prejudice to any other provision of this Order under which the name of a registered nurse may be removed from the register or under which the registration of a registered nurse may be suspended. (16) (1) Sub-paragraph (2) applies in relation to a person (“P”) who— (a) falls within paragraph 15(1); and (b) is entered in the register. (2) If it falls to be decided whether P’s fitness to practise is or may be impaired on the ground of misconduct for any of the purposes of this Order, then “misconduct” includes any act or omission by P during the course of P’s provision of occasional nursing services— (a) which constitutes a breach of a condition or limitation to which P is subject in relation to P’s practice as a nurse in P’s home State; or (b) which would constitute a breach of the condition or limitation mentioned in paragraph (a) if that condition or limitation applied in relation to P’s practice as a nurse outside of P’s home State.

Amendment of Schedule 3

70

• (1) Schedule 3 (Directive 2005/36: Functions of the Council under article 40(2))⁵¹ is amended as follows.

• (2) Before the entry relating to article 7(2)(b), insert—

Article 4a	Ensuring that the holder of a European professional card benefits from all of the rights conferred by articles 4b to 4e of the Directive. Charging reasonable fees to cover the costs of processing applications for or in relation to European professional cards under Schedule 2B and under Part 4 of the General Systems Regulations.
Article 4b	Enabling nurses responsible for general care to apply for a European professional card in accordance with Schedule 2B and in accordance with Part 4 of the General Systems Regulations.
Article 4c	Verifying the application and supporting documents in the IMI file and issuing the European professional card for nurses responsible for general care for the temporary and occasional provision of nursing services other than those covered by article 7(4) of the Directive.
Article 4d	Verifying the authenticity and validity of the application and supporting documents in the IMI file for the purpose of issuing the European professional card for nurses responsible for general care for establishment or for the temporary and occasional provision of nursing services under article 7(4) of the Directive.
Article 4e	Updating, in a timely manner, the IMI file of a holder of a European professional card with information about disciplinary actions or criminal sanctions regarding a prohibition or restriction and which have consequences for the pursuit of any professional activities by that person the under the Directive.
Article 4f	Considering applications for partial access to the profession of nursing and midwifery under regulations 10 and 11 of the General Systems Regulations.

• (3) In the entry relating to article 8(1)—

• (a) for “Receiving” substitute “In the event of justified doubts, receiving”;

• (b) after paragraph (c), insert—

Receiving information from, or providing information to, other competent authorities in relation to a person’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health and safety.

• (4) After the entry relating to article 50(3), insert—

Article 50(3a)	In the event of justified doubts, seeking confirmation from, or providing confirmation to, other competent authorities of the fact that the applicant is not suspended or prohibited from the pursuit of the profession of nursing and midwifery as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of the applicant’s professional activities.
Article 50(3b)	Ensuring that the exchange of information under article 50 of the Directive with other competent authorities takes place through the IMI.

• (5) In the entry relating to article 56(2), after paragraph (c), insert—

Ensuring that the processing of personal data for the purposes of the exchange of information in accordance with article 56(2) of the Directive is carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC and through the IMI.

• (6) After the entry relating to article 56(2), insert—

Article 56(2a)	Ensuring that the exchange of information carried out in accordance with article 56(2) of the Directive takes place through the IMI.
Article 56a (1) and (2)	Informing all other competent authorities, by way of an alert through the IMI, about a nurse or midwife whose professional activities have been restricted or prohibited, even temporarily, within three days from the date of adoption of the decision; ensuring the information provided is limited to the information referred to in article 56a(2) of the Directive.
Article 56a(3)	Informing all other competent authorities, by way of an alert through the IMI, about the identity of professionals who have applied for registration and who have been subsequently found to have used falsified evidence of professional qualifications, within three days from the date of the finding.
Article 56a(4)	Ensuring that the processing of personal data for the purposes of the exchange of information under article 56a(1) and (3) of the Directive is carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC.
Article 56a(5)	Informing all other competent authorities through the IMI without delay when— (a) a prohibition or a restriction referred to in article 56a(1) of the Directive has expired; (b) there is a change to the prohibition period notified under article 56a(2) of the Directive.
Article 56a(6)	Notifying the nurse or midwife, in respect of whom an alert is sent under article 56a(1) or (3) of the Directive, in writing at the same time as the alert is sent, that the nurse or midwife— (a) is the subject of an alert sent under article 56a(1) or (3) of the Directive; (b) has the right to appeal the decision or to apply for rectification of the decision; (c) has the right to access remedies in respect of any damage caused by false alerts sent to other competent authorities. Informing competent authorities, where applicable, that an alert is the subject of appeal proceedings by the nurse or midwife.
Article 56a(7)	Ensuring that an alert made under article 56a(1) of the Directive is deleted from the IMI within three days of— (a) the date of adoption of the revoking decision; or (b) the expiry of the prohibition or restriction referred to in that article.
Article 57a(1)	Ensuring that all requirements, procedures and formalities relating to the recognition of qualifications as a nurse or a midwife may be easily completed by the applicant remotely and by electronic means.

Amendment of Schedule 4

71

• (1) Schedule 4 (interpretation)⁵² is amended as follows.

• (2) For the definition of “General Systems Regulations” substitute—

• “General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015;

• (3) In the appropriate places, insert—

• “Directive 95/46/EC” means Directive 95/46/EC of the European Parliament and of the Council of 24th October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as amended from time to time;

• “Directive 2002/58/EC” means Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended from time to time;

• “European professional card” has the meaning given in the Directive;

• “IMI” means the Internal Market Information System, the online, secure messaging system developed by the European Commission;

• “IMI file” means a secure personal account in the IMI that is created in relation to an applicant for a European professional card by means of an online tool provided by the European Commission;

CHAPTER 2 — AMENDMENT OF THE EUROPEAN NURSING AND MIDWIFERY QUALIFICATIONS DESIGNATION ORDER OF COUNCIL 2004

Introductory

72

The European Nursing and Midwifery Qualifications Designation Order of Council 2004⁵³ is amended in accordance with this Chapter.

Amendment of article 2

73

• (1) Article 2 (interpretation)⁵⁴ is amended as follows.

• (2) In paragraph (3), for “41(1)(a)(ii) or (c)” substitute “41(1)(a) or (c)”.

Amendment of article 3

74

• (1) Article 3 (qualifications in respect of which a listed diploma is awarded on or after the reference date)⁵⁵ is amended as follows.

• (2) In paragraph (2)(b), for “(1)(a)(ii) or (c)” substitute “(1)(a) or (c)”.

Amendment of article 4

75

• (1) Article 4 (qualifications in respect of which a listed diploma is awarded before the reference date)⁵⁶ is amended as follows.

• (2) In paragraph (1), omit “Poland or”.

• (3) In paragraph (3)(b), for “(1)(a)(ii) or (c)” substitute “(1)(a) or (c)”.

Amendment of article 5

76

• (1) Article 5 (qualifications in respect of which a diploma other than a listed diploma is awarded before the reference date in respect of training which does not comply with Directive requirements)⁵⁷ is amended as follows.

• (2) In paragraph (1), omit “Poland or”.

Amendment of article 6

77

• (1) Article 6 (qualifications in respect of which a diploma other than a listed diploma is awarded in respect of training which complies with Directive requirements)⁵⁸ is amended as follows.

• (2) In paragraph (3)(b), for “(1)(a)(ii) or (c)” substitute “(1)(a) or (c)”.

Amendment of article 7

78

• (1) Article 7 (qualifications awarded in Poland before the reference date in respect of training which does not comply with Directive requirements)⁵⁹ is amended as follows.

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

• (3) Omit paragraph (3).

Amendment of article 7A

79

• (1) Article 7A (qualifications awarded in Romania before the reference date in respect of training which does not comply with Directive requirements)⁶⁰ is amended as follows.

• (2) In paragraph (2), for sub-paragraph (a) substitute—

(a) in the case of a person holding evidence of one of the following formal qualifications as a nurse— (i) competențe profesionale de asistent medical generalist, with post-secondary education obtained from a școli postliceale, attesting to training started before 1st January 2007; (ii) diplomă de absolvire de asistent medical generalist cu studii superioare de scurtă durată, attesting to training started before 1st October 2003; (iii) diplomă de licență de asistent medical generalist cu studii superioare de lungă durată, attesting to training started before 1st October 2003, at least three consecutive years during the period of five years ending with the date of issue of the certificate, provided that the period of practice has included the person taking full responsibility for the planning, organisation and carrying out of nursing care of patients; or

Insertion of article 8A

80

After article 8 (qualifications in midwifery awarded following training in the former German Democratic Republic which complies with Directive requirements)⁶¹, insert—

(8A) (1) A diploma in midwifery which has been awarded in a relevant European State and which was started before 18th January 2016 is an approved qualification for the purposes of registration if one of the conditions in paragraph (2) is satisfied. (2) The conditions are— (a) the admission requirement for starting the diploma was 10 years of general education; (b) the diploma was equivalent to specific full time training as a midwife, comprising at least three years of theoretical and practical study comprising at least the training programme described in Annex V, point 5.5.1 of the Directive; or (c) the diploma was equivalent to at least 18 months specific full time training as a midwife comprising at least the training programme described in Annex V, point 5.5.1 of the Directive and, before starting that diploma, the applicant completed training as a nurse responsible for general care and, in respect of that training as a nurse responsible for general care, can produce evidence that he or she holds a diploma that is listed in Annex V, point 5.2.2 of the Directive.

Insertion of article 12

81

After article 10 (qualifications following training in the former Czechoslovakia, etc.)⁶², insert—

(12) By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must— (a) carry out a review of the amendments made to this Order by the European Qualifications (Health and Social Care Professions) Regulations 2016; (b) set out the conclusions of the review in a report; and (c) publish the report.

CHAPTER 3 — AMENDMENT OF THE NURSING AND MIDWIFERY COUNCIL (EDUCATION, REGISTRATION AND REGISTRATION APPEALS) RULES ORDER OF COUNCIL 2004

Introductory

82

The Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004, which are set out in the Schedule to the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004⁶³, are amended in accordance with this Chapter.

Amendment of rule 5

83

• (1) Rule 5 (application for admission to a part of the register)⁶⁴ is amended as follows.

• (2) In paragraph (2)(a)(ii), before “the certificate” insert “a valid European professional card as a nurse or”.

• (3) In paragraph (2)(a)(iv), before “evidence” insert “a valid European professional card as a nurse or”.

• (4) After paragraph (4), insert—

(4A) The requirement to provide a certificate under paragraph (3) does not apply where the applicant holds a valid European professional card as a nurse.

Amendment of rule 20

84

• (1) Rule 20 (period during which an appeal may be made)⁶⁵ is amended as follows.

• (2) In paragraph (a)—

• (a) for “or (c)” substitute “, (c) or (e) to (h)”;

• (b) omit the “or” at the end.

• (3) In paragraph (b), at the end, insert “; or”.

• (4) After paragraph (b), insert—

(c) where the appeal is in relation to a failure to issue a decision in relation to a European professional card within the applicable time limit, as referred to in sub-paragraph (h) of that article, before the end of the period of 28 days beginning with the date by which the decision was required to have been sent.

Amendment of rule 21

85

• (1) Rule 21 (notice of appeal)⁶⁶ is amended as follows.

• (2) In paragraph (2)(a)(iii), for “or (c)” substitute “, (c) or (e) to (g)”.

• (3) In paragraph (2)(a)(iv), after “37(1)(d)” insert “or (h)”.

PART 6 — OPTICIANS, OSTEOPATHS AND CHIROPRACTORS

CHAPTER 1 — AMENDMENT OF THE OPTICIANS ACT 1989

Introductory

86

The Opticians Act 1989⁶⁷ is amended in accordance with this Chapter.

Amendment of section 8C

87

• (1) Section 8C (visiting optometrists: entitlement to registration)⁶⁸ is amended as follows.

• (2) In subsection (2), for “8” substitute “12”.

• (3) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Amendment of section 8D

88

• (1) Section 8D (visiting dispensing opticians: entitlement to registration)⁶⁹ is amended as follows.

• (2) In subsection (2), for “8” substitute “12”.

• (3) In subsection (5)—

• (a) for “17” substitute “24;

• (b) for “8” substitute “12”.

Amendment of section 23G

89

• (1) Section 23G (appeals from the Registration Appeals Committee and the Fitness to Practise Committee)⁷⁰ is amended as follows.

• (2) In subsection (1)(c), omit the “and” at the end.

• (3) In subsection (1)(d), at the end insert “; and”.

• (4) In subsection (1), after paragraph (d), insert—

(e) a decision of the Council under regulation 67 of the General Systems Regulations to send an alert about a person.

• (5) In subsection (4)(b), for “, (c) or (d)” substitute “to (e)”.

• (6) In subsection (4)(c), for “, (c) or (d)” substitute “to (e)”.

• (7) After subsection (7), insert—

(8) On an appeal under this section from a decision falling within subsection (1)(e), the relevant court may— (a) dismiss the appeal; or (b) allow the appeal and direct that the alert be withdrawn or amended, and may make such order for costs (or, in Scotland, expenses) as it (or the sheriff) thinks fit.

Amendment of section 36

90

• (1) Section 36(1) (interpretation)⁷¹ is amended as follows.

• (2) For the definition of “General Systems Regulations”, substitute—

• “General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);

CHAPTER 2 — AMENDMENT OF THE OSTEOPATHS ACT 1993

Introductory

91

The Osteopaths Act 1993⁷² is amended in accordance with this Chapter.

Amendment of section 5A

92

• (1) Section 5A (temporary registration for visiting osteopaths from relevant European States)⁷³ is amended as follows.

• (2) In subsection (2), for “8” substitute “12”.

• (3) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Amendment of section 29A

93

• (1) Section 29A (appeals against decisions of the General Council)⁷⁴ is amended as follows.

• (2) In subsection (2), after paragraph (b), insert—

(c) a decision of the General Council under regulation 67 of the General Systems Regulations to send an alert about a person.

• (3) In subsection (3)(b), after “against” insert “or, in the case of an appeal from a decision falling within subsection (2)(c), direct that the alert be withdrawn or amended”.

Amendment of section 41

94

• (1) Section 41 (interpretation)⁷⁵ is amended as follows.

• (2) For the definition of “the General Systems Regulations”, substitute—

• “the General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);

CHAPTER 3 — AMENDMENT OF THE CHIROPRACTORS ACT 1994

Introductory

95

The Chiropractors Act 1994⁷⁶ is amended in accordance with this Chapter.

Amendment of section 5A

96

• (1) Section 5A (temporary registration for visiting chiropractors from relevant European States)⁷⁷ is amended as follows.

• (2) In subsection (2) for “8” substitute “12”.

• (3) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Amendment of section 29A

97

• (1) Section 29A (appeals against decisions of the General Council)⁷⁸ is amended as follows.

• (2) In subsection (2), after paragraph (b), insert—

(c) a decision of the General Council under regulation 67 of the General Systems Regulations to send an alert about a person.

• (3) In subsection (3)(b), after “against” insert “or, in the case of an appeal from a decision falling within subsection (2)(c), direct that the alert be withdrawn or amended”.

Amendment of section 43

98

• (1) Section 43 (interpretation)⁷⁹ is amended as follows.

• (2) For the definition of “the General Systems Regulations”, substitute—

• “the General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);

PART 7 — SOCIAL WORKERS

CHAPTER 1 — AMENDMENT OF THE CARE STANDARDS ACT 2000

Introductory

99

The Care Standards Act 2000⁸⁰ is amended in accordance with this Chapter.

Amendment of section 55

100

• (1) Section 55 (interpretation)⁸¹ is amended as follows.

• (2) After subsection (4), insert—

(4A) “Social care manager” means a person who falls within the description in subsection (2)(c).

• (3) For subsection (6), substitute—

(6) “The General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059).

• (4) In subsection (8)—

• (a) in paragraph (b), after “work” insert “, or to engage in work as a social care manager in Wales,”;

• (b) in paragraph (c), after “work” insert “, or the right to engage in work as a social care manager in Wales,”.

Amendment of section 56

101

• (1) Section 56 (the register)⁸² is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (b), omit the “and” at the end;

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

• (c) after paragraph (c), insert—

(d) visiting social care managers from relevant European States.

• (3) In subsection (2)—

• (a) in paragraph (b), omit the “and” at the end;

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

• (c) after paragraph (c), insert—

(d) for visiting social care managers from relevant European States.

• (4) In subsection (2A)—

• (a) in paragraph (c), after “European” insert “social worker”;

• (b) after paragraph (c), insert—

(d) the part mentioned in subsection (2)(d) is the “visiting European social care manager part” of the register.

Amendment of section 58

102

• (1) Section 58 (grant or refusal of registration)⁸³ is amended as follows.

• (2) In subsection (2), after paragraph (a) insert—

(aa) in the case of an applicant for registration as a social care manager— (i) he satisfies the requirements of section 64A; or (ii) he satisfies any requirements as to training which the Council may impose in relation to social care managers;

Amendment of section 58A

103

• (1) Section 58A (visiting social workers from relevant European States)⁸⁴ is amended as follows.

• (2) For “European part”, in each place where the words occur, substitute “European social worker part”.

• (3) In subsection (2) for “8” substitute “12”.

• (4) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Insertion of section 58B

104

After section 58A, insert—

(58B) (1) This section applies to an exempt person (“X”) who is lawfully established as a social care manager in a relevant European State other than the United Kingdom. (2) Subsection (3) applies if X has the benefit of regulation 12 of the General Systems Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis (X having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by X of services as a social care manager). (3) X is entitled to be registered in the visiting European social care manager part of the register, and the Welsh Council must give effect to the entitlement. (4) If X is entitled under subsection (3) to be registered in the visiting European social care manager part of the register but is not registered in that part, X is to be treated as having been registered in that part. (5) X’s entitlement under subsection (3) ends if X ceases, whether as a result of the operation of regulation 24 of the General Systems Regulations or otherwise, to have the benefit of regulation 12 of those Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis. (6) If— (a) X’s entitlement under subsection (3) ceases by reason of the operation of subsection (5); and (b) X is registered in the visiting European social care manager part of the register, the Welsh Council may remove X 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 social care manager part of the register, of rules under section 59.

Amendment of section 60

105

• (1) Section 60 (rules about registration)⁸⁵ is amended as follows.

• (2) In paragraph (c), after “section 58A(6)” insert “, section 58B(6)”.

Amendment of section 64

106

• (1) Section 64 (qualifications gained outside the Welsh Council’s area)⁸⁶ is amended as follows.

• (2) In the heading, at the end, insert “– social workers”.

Insertion of section 64A

107

After section 64, insert—

(64A) An applicant for registration as a social care manager in an added part of the register satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social care manager in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).

Amendment of section 65

108

• (1) Section 65 (post registration training)⁸⁷ is amended as follows.

• (2) In subsection (2A)—

• (a) for “part of the register,” substitute “social worker part of the register, or as a social care manager only in the visiting European social care manager part of the register,”;

• (b) omit “, respectively,”.

• (3) In subsection (2B), after “worker”, in both places where the word occurs, insert “or social care manager”.

• (4) In subsection (2C), after “worker” insert “or social care manager”.

• (5) In subsection (2D), after “worker” insert “or social care manager”.

Amendment of section 68

109

• (1) Section 68 (appeals to the Tribunal)⁸⁸ is amended as follows.

• (2) After subsection (1A), insert—

(1B) An appeal shall lie to the Tribunal against a decision of the Welsh Council under Part 3 of the General Systems Regulations in respect of an aptitude test, or period of adaptation, in connection with a person becoming permitted, by virtue of that Part of those Regulations, to have access to, and to pursue, the profession of social care manager in the United Kingdom. (1C) An appeal shall lie to the Tribunal against a decision of the Welsh Council under regulation 67 of the General Systems Regulations to send an alert about a person.

• (3) In subsection (2), after “effect” insert “or, in the case of an appeal under subsection (1C), direct that the alert be withdrawn or amended”.

Amendment of section 71

110

• (1) Section 71(rules)⁸⁹ is amended as follows.

• (2) In subsection (3A), for “European part” substitute “European social worker part or visiting European social care manager part”.

CHAPTER 2 — AMENDMENT OF THE HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001

Introductory

111

The Health and Personal Social Services Act (Northern Ireland) 2001⁹⁰ is amended in accordance with this Chapter.

Amendment of section 2

112

• (1) Section 2 (“social care worker”, etc.)⁹¹ is amended as follows.

• (2) For subsection (5), substitute—

(5) “The General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059).

Amendment of section 5A

113

• (1) Section 5A (visiting social workers from relevant European States)⁹² is amended as follows.

• (2) In subsection (2), for “8” substitute “12”.

• (3) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Amendment of section 15

114

• (1) Section 15 (appeals to the Care Tribunal)⁹³ is amended as follows.

• (2) In subsection (2)(b), after “decision” insert “or, in the case of an appeal from a decision falling within subsection (3)(c), direct that the alert be withdrawn or amended”.

• (3) In subsection (3)—

• (a) in paragraph (a), omit the “and” at the end;

• (b) in paragraph (b), at the end, insert “, and”;

• (c) after paragraph (b), insert—

(c) a decision under regulation 67 of the General Systems Regulations to send an alert about a person.

CHAPTER 3 — AMENDMENT OF THE REGULATION OF CARE (SCOTLAND) ACT 2001

Introductory

115

The Regulation of Care (Scotland) Act 2001⁹⁴ is amended in accordance with this Chapter.

Amendment of section 46A

116

• (1) Section 46A (visiting social workers from relevant European States)⁹⁵ is amended as follows.

• (2) In subsection (2), for “8” substitute “12”.

• (3) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Amendment of section 51

117

• (1) Section 51 (appeal against decision of Council)⁹⁶ is amended as follows.

• (2) In subsection (1)(a), omit the “or” at the end.

• (3) In subsection (1)(b), at the end, insert “or”.

• (4) In subsection (1), after paragraph (b), insert—

(c) has been given notice of a decision under regulation 67 of the General Systems Regulations to send an alert about the person,

• (5) In subsection (2)(b), after “effect” insert “or, in the case of an appeal under subsection (1)(c), direct that the alert be withdrawn or amended”.

Amendment of section 77

118

• (1) Section 77 (interpretation)⁹⁷ is amended as follows.

• (2) For the definition of “the General Systems Regulations”, substitute—

“the General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);

CHAPTER 4 — AMENDMENT OF THE REGULATION AND INSPECTION OF SOCIAL CARE (WALES) ACT 2016

Introductory

119

The Regulation and Inspection of Social Care (Wales) Act 2016⁹⁸ (Deddf Rheoleiddio ac Arolygu Gofal Cymdeithasol (Cymru) 2016) is amended in accordance with this Chapter.

Amendment of section 66 (English text)

120

• (1) In the English language text, section 66(1) (interpretation of Parts 3 to 8) is amended as follows.

• (2) In the appropriate places, insert—

• “social care manager” (“rheolwr gofal cymdeithasol”) has the meaning given by section 79(1)(b);

• “visiting European social care manager part” (“rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad”), in relation to the register, is to be interpreted in accordance with section 80(3);

• “visiting European social worker part” (“rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad”), in relation to the register, is to be interpreted in accordance with section 80(3).

• (3) Omit the definition of “visiting European part”.

Amendment of section 66 (Welsh text)

121

• (1) In the Welsh language text, section 66(1) (dehongli Rhannau 3 i 8) is amended as follows.

• (2) In the appropriate places, insert—

• mae i “rheolwr gofal cymdeithasol” (“social care manager”) yr ystyr a roddir gan adran 79(1)(b).

• mae “rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad” (“visiting European social care manager part”), mewn perthynas â’r gofrestr, i’w ddehongli yn unol ag adran 80(3);

• mae “rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad” (“visiting European social worker part”), mewn perthynas â’r gofrestr, i’w ddehongli yn unol ag adran 80(3);

• (3) Omit the definition of “rhan ymwelwyr Ewropeaidd”.

Amendment of section 74 (English text)

122

• (1) In the English language text, section 74(3) (rules: fees) is amended as follows.

• (2) For “European part”, substitute “European social worker part or visiting European social care manager part”.

Amendment of section 74 (Welsh text)

123

• (1) In the Welsh language text, section 74(3) (rheolau: ffioedd) is amended as follows.

• (2) For “rhan ymwelwyr Ewropeaidd”, substitute “rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad neu’r rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad”.

Amendment of section 79 (English text)

124

• (1) In the English language text, section 79(1)(b) (meaning of “social care worker” etc) is amended as follows.

• (2) After “provided”, insert “(referred to in those Parts as a “social care manager”)”.

Amendment of section 79 (Welsh text)

125

• (1) In the Welsh language text, section 79(1)(b) (ystyr “gweithiwr gofal cymdeithasol” etc.) is amended as follows.

• (2) After “ohono”, insert “(y cyfeirir ato yn y Rhannau hynny fel “rheolwr gofal cymdeithasol”)”.

Amendment of section 80 (English text)

126

• (1) In the English language text, section 80 (the register) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (b), omit the “and” at the end;

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

• (c) after paragraph (c), insert—

(d) visiting social care managers from relevant European States (see section 90A).

• (3) In subsection (2), after paragraph (c) insert—

(d) for visiting social care managers from relevant European States.

• (4) In subsection (3)—

• (a) in paragraph (c), after “European” insert “social worker”;

• (b) after paragraph (c), insert—

(d) the part mentioned in subsection (2)(d) is the “visiting European social care manager part” of the register.

Amendment of section 80 (Welsh text)

127

• (1) In the Welsh language text, section 80 (y gofrestr) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (b), omit the “ac” at the end;

• (b) in paragraph (c), at the end insert “, a”;

• (c) after paragraph (c), insert—

(d) o reolwyr gofal cymdeithasol sydd ar ymweliad o Wladwriaethau Ewropeaidd perthnasol (gweler adran 90A).

• (3) In subsection (2), after paragraph (c) insert—

(d) ar gyfer rheolwyr gofal cymdeithasol sydd ar ymweliad o Wladwriaethau Ewropeaidd perthnasol.

• (4) In subsection (3)—

• (a) in paragraph (c), for “ymwelwyr Ewropeaidd” substitute “gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad”;

• (b) after paragraph (c), insert—

(d) y rhan a grybwyllir yn is-adran (2)(d) yw’r “rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad.

Amendment of section 84 (English text)

128

• (1) In the English language text, section 84 (“appropriately qualified”) is amended as follows.

• (2) In paragraph (a)(ii), after “Wales” insert “– social workers”.

• (3) After paragraph (a), insert—

(aa) in the case of an application for registration as a social care manager, the applicant— (i) has successfully completed a course approved by SCW under section 114 for persons wishing to become social care managers, (ii) satisfies the requirements of section 85A (qualifications gained outside Wales – social care managers), or (iii) satisfies any requirements as to training which SCW may by rules impose in relation to social care managers;

Amendment of section 84 (Welsh text)

129

• (1) In the Welsh language text, section 84 (“wedi ei gymhwyso’n briodol”) is amended as follows.

• (2) In paragraph (a)(ii), after “Gymru” insert “– gweithwyr cymdeithasol”.

• (3) After paragraph (a), insert—

(aa) os yw’r ymgeisydd, yn achos cais i gofrestru fel rheolwr gofal cymdeithasol— (i) wedi cwblhau’n llwyddiannus gwrs a gymeradwywyd gan GCC o dan adran 114 ar gyfer personau sy’n dymuno dod yn rheolwyr gofal cymdeithasol, (ii) yn bodloni gofynion adran 85A (cymwysterau a geir tu allan i Gymru – rheolwyr gofal cymdeithasol), neu (iii) yn bodloni unrhyw ofynion o ran hyfforddiant y caiff GCC drwy reolau eu gosod mewn perthynas â rheolwyr gofal cymdeithasol;

Amendment of section 85 (English text)

130

• (1) In the English language text, section 85 (qualifications gained outside Wales) is amended as follows.

• (2) In the heading, at the end, insert “– social workers”.

Amendment of section 85 (Welsh text)

131

• (1) In the Welsh language text, section 85 (cymwysterau a geir y tu allan i Gymru) is amended as follows.

• (2) In the heading, at the end, insert “– gweithwyr cymdeithasol”.

Insertion of section 85A (English text)

132

In the English language text, after section 85, insert—

(85A) An applicant for registration as a social care manager in an added part of the register satisfies the requirements of this section if the applicant is an exempt person who by virtue of Part 3 of the General Systems Regulations is permitted to pursue the profession of social care manager in the United Kingdom (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the applicant may be required to undertake pursuant to that Part of those Regulations).

Insertion of section 85A (Welsh text)

133

In the Welsh language text, after section 85, insert—

(85A) Mae ymgeisydd ar gyfer cofrestru fel rheolwr gofal cymdeithasol mewn rhan ychwanegol o’r gofrestr yn bodloni gofynion yr adran hon os yw’r ymgeisydd yn berson esempt sydd, yn rhinwedd Rhan 3 o’r Rheoliadau Systemau Cyffredinol wedi ei ganiatáu i ddilyn proffesiwn rheolwr gofal cymdeithasol yn y Deyrnas Unedig (ar ôl, yn benodol, gwblhau unrhyw gyfnod addasu yn llwyddiannus, neu basio unrhyw brawf tueddfryd, y caiff fod yn ofynnol i’r ymgeisydd ei gwblhau yn unol â’r Rhan honno o’r Rheoliadau hynny).

Amendment of section 90 (English text)

134

• (1) In the English language text, section 90 (visiting social workers from relevant European States) is amended as follows.

• (2) For “European part”, in each place where the words occur, substitute “European social worker part”.

• (3) In subsection (2), for “8” substitute “12”.

• (4) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

• (5) In subsection (8)—

• (a) in the definition of “exempt person”—

• (i) in paragraph (b), after “Wales” insert “, or to engage in work as a social care manager in Wales,”;

• (ii) in paragraph (c), after “Wales,” insert “or as regards the right to engage in work as a social care manager in Wales,”;

• (b) for the definition of “the General Systems Regulations” substitute—

• “the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059);

Amendment of section 90 (Welsh text)

135

• (1) In the Welsh language text, section 90 (gweithwyr cymdeithasol sydd ar ymweliad o Wladwriaethau Ewropeaidd perthnasol) is amended as follows.

• (2) For “ymwelwyr Ewropeaidd”, in each place where the words occur, substitute “gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad”.

• (3) In subsection (2), for “8” substitute “12”.

• (4) In subsection (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

• (5) In subsection (8)—

• (a) in the definition of “person esempt”—

• (i) in paragraph (b), after “yng Nghymru” insert “, neu ymgymryd â gwaith fel rheolwr gofal cymdeithasol yng Nghymru,”;

• (ii) in paragraph (c), after “yng Nghymru” insert “, neu o ran yr hawl i ymgymryd â gwaith fel rheolwr gofal cymdeithasol yng Nghymru”;

• (b) for the definition of “y Rheoliadau Systemau Cyffredinol” substitute—

• ystyr “y Rheoliadau Systemau Cyffredinol” (“the General Systems Regulations”) yw Rheoliadau’r Undeb Ewropeaidd (Cydnabod Cymwysterau Proffesiynol) 2015 (O.S. 2015/2059).

Insertion of section 90A (English text)

136

In the English language text, after section 90, insert—

(90A) (1) This section applies to an exempt person (“X”) who is lawfully established as a social care manager in a relevant European State other than the United Kingdom. (2) Subsection (3) applies if X has the benefit of regulation 12 of the General Systems Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis (X having complied with any requirements imposed under Part 2 of those Regulations in connection with the provision by X of services as a social care manager). (3) X is entitled to be registered in the visiting European social care manager part of the register, and the registrar must give effect to the entitlement. (4) If X is entitled under subsection (3) to be registered in the visiting European social care manager part of the register but is not registered in that part, X is to be treated as having been registered in that part. (5) X’s entitlement under subsection (3) ends if X ceases, whether as a result of the operation of regulation 24 of the General Systems Regulations or otherwise, to have the benefit of regulation 12 of those Regulations in connection with the provision by X of services as a social care manager in the United Kingdom on a temporary and occasional basis. (6) If X is registered in the visiting European social care manager part of the register, the registrar may remove X from that part if X’s entitlement under subsection (3) ends by reason of the operation of subsection (5). (7) Subsections (1) to (6) do not prevent sections 92 to 94 or Part 6 (social care workers: fitness to practice) from applying to persons registered in the visiting European social care manager part of the register.

Insertion of section 90A (Welsh text)

137

In the Welsh language text, after section 90, insert—

(90A) (1) Mae’r adran hon yn gymwys i berson esempt (“X”) sydd wedi ei sefydlu’n gyfreithlon fel rheolwr gofal cymdeithasol mewn Gwladwriaeth Ewropeaidd berthnasol ac eithrio’r Deyrnas Unedig. (2) Mae is-adran (3) yn gymwys os oes gan X fudd rheoliad 12 o’r Rheoliadau Systemau Cyffredinol mewn cysylltiad â’r ddarpariaeth o wasanaethau fel rheolwr gofal cymdeithasol gan X yn y Deyrnas Unedig ar sail dros dro ac achlysurol (os yw X wedi cydymffurfio ag unrhyw ofynion a osodir o dan Ran 2 o’r Rheoliadau hynny mewn cysylltiad â’r ddarpariaeth o wasanaethau fel rheolwr gofal cymdeithasol gan X). (3) Mae hawlogaeth gan X i gael ei gofrestru yn y rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad o’r gofrestr, a rhaid i’r cofrestrydd roi effaith i’r hawlogaeth. (4) Os oes gan X hawlogaeth o dan is-adran (3) i gael ei gofrestru yn y rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad o’r gofrestr ond nad yw wedi ei gofrestru yn y rhan honno, mae X i’w drin fel pe bai wedi ei gofrestru yn y rhan honno. (5) Mae hawlogaeth X o dan is-adran (3) yn dod i ben os yw X yn peidio, pa un ai o ganlyniad i weithredu rheoliad 24 o’r Rheoliadau Systemau Cyffredinol neu fel arall, â chael budd rheoliad 12 o’r Rheoliadau hynny mewn cysylltiad â’r ddarpariaeth o wasanaethau fel rheolwr gofal cymdeithasol gan X yn y Deyrnas Unedig ar sail dros dro ac achlysurol. (6) Os yw X wedi ei gofrestru yn y rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad o’r gofrestr, caiff y cofrestrydd dynnu X oddi ar y rhan honno os daw hawlogaeth X o dan is-adran (3) i ben o ganlyniad i weithredu is-adran (5). (7) Nid yw is-adrannau (1) i (6) yn atal adrannau 92 i 94 neu Ran 6 (gweithwyr gofal cymdeithasol: addasrwydd i ymarfer) rhag bod yn gymwys i bersonau sydd wedi eu cofrestru yn y rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad o’r gofrestr.

Amendment of section 105 (English text)

138

• (1) In the English language text, section 105 (other appeals: decisions made under the General Systems Regulations) is amended as follows.

• (2) In subsection (1)(a)—

• (a) for “9(2)”, substitute “13(2)”;

• (b) after “United Kingdom” insert “or as a social care manager in the United Kingdom”;

• (c) omit the “or” at the end.

• (3) In subsection (1)(b)—

• (a) after “United Kingdom” insert “or the profession of social care manager in the United Kingdom”;

• (b) at the end, insert “, or”.

• (4) In subsection (1), after paragraph (b), insert—

(c) under regulation 67 of those Regulations to send an alert about a person.

• (5) In subsection (5)(b), after “made” insert “or, in the case of an appeal from a decision falling within subsection (1)(c), direct that the alert be withdrawn or amended”.

Amendment of section 105 (Welsh text)

139

• (1) In the Welsh language text, section 105 (apelau eraill: penderfyniadau a wneir o dan y Rheoliadau Systemau Cyffredinol) is amended as follows.

• (2) In subsection (1)(a)—

• (a) for “9(2)”, substitute “13(2)”;

• (b) after “y Deyrnas Unedig” insert “neu fel rheolwr gofal cymdeithasol yn y Deyrnas Unedig”;

• (c) omit the “neu” at the end.

• (3) In subsection (1)(b)—

• (a) after “y Deyrnas Unedig” insert “neu broffesiwn rheolwr gofal cymdeithasol yn y Deyrnas Unedig”;

• (b) at the end, insert “, neu”.

• (4) In subsection (1), after paragraph (b), insert—

(c) o dan reoliad 67 o’r Rheoliadau hynny i anfon rhybudd ynglŷn â pherson.

• (5) In subsection (5)(b), after “erbyn” insert “neu, yn achos apêl yn erbyn penderfyniad sy’n dod o fewn is-adran (1)(c), cyfarwyddo bod y rhybudd yn cael ei dynnu’n ôl neu ei ddiwygio.”

Amendment of section 113 (English text)

140

• (1) In the English language text, section 113 (continuing professional development) is amended as follows.

• (2) In subsection (3), for “part of the register,” substitute “social worker part of the register, or as a social care manager only in the visiting European social care manager part of the register,”.

• (3) In subsection (4), after “worker”, in both places where the word occurs, insert “or social care manager”.

• (4) In subsection (5), after “worker” insert “or social care manager”.

Amendment of section 113 (Welsh text)

141

• (1) In the Welsh language text, section 113 (datblygiad proffesiynol parhaus) is amended as follows.

• (2) In subsection (3), for “ymwelwyr Ewropeaidd o’r gofrestr yn unig,” substitute “gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad o’r gofrestr yn unig, neu fel rheolwr gofal cymdeithasol yn y rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad o’r gofrestr yn unig,”.

• (3) In subsection (4)—

• (a) in paragraph (a), after “cymdeithasol” insert “neu reolwr gofal cymdeithasol”;

• (b) in paragraph (b)(i), after “cymdeithasol” insert “neu’n rheolwr gofal cymdeithasol”.

• (4) In subsection (5), after “cymdeithasol” insert “neu reolwr gofal cymdeithasol”.

Amendment of section 164 (English text)

142

• (1) In the English language text, section 164 (meaning of “registered person” in Part 6) is amended as follows.

• (2) For “European part”, substitute “European social worker part or visiting European social care manager part”.

Amendment of section 164 (Welsh text)

143

• (1) In the Welsh language text, section 164 (ystyr “person cofrestredig” yn Rhan 6) is amended as follows.

• (2) For “rhan ymwelwyr Ewropeaidd”, substitute “rhan gweithwyr cymdeithasol Ewropeaidd sydd ar ymweliad neu’r rhan rheolwyr gofal cymdeithasol Ewropeaidd sydd ar ymweliad”.

Amendment of Schedule 3 (English text)

144

• (1) In the English language text, Schedule 3 (minor and consequential amendments) is amended as follows.

• (2) In paragraph 39 (amendment to section 130H of the Mental Health Act 1983), after “European” insert “social worker”.

• (3) In paragraph 42(b) (amendments to section 55 of the Care Standards Act 2000), after “subsections” insert “(4A),”.

Amendment of Schedule 3 (Welsh text)

145

• (1) In the Welsh language text, Schedule 3 (mân ddiwygiadau a diwygiadau canlyniadol) is amended as follows.

• (2) In paragraph 39 (diwygiad i adran 130H o Ddeddf Iechyd Meddwl 1983), after “European” insert “social worker”.

• (3) In paragraph 42(b) (diwygiadau i adran 55 o Ddeddf Safonau Gofal 2000), after “is-adrannau” insert “(4A),”.

PART 8 — OTHER HEALTH PROFESSIONS

CHAPTER 1 — AMENDMENT OF THE HEALTH AND SOCIAL WORK PROFESSIONS ORDER 2001

Introductory

146

The Health and Social Work Professions Order 2001⁹⁹ is amended in accordance with this Chapter.

Amendment of article 12

147

• (1) Article 12 (approved qualifications)¹⁰⁰ is amended as follows.

• (2) After paragraph (1)(b), insert—

(ba) he is an exempt person and has a right to practise in the United Kingdom by virtue of holding a European professional card in accordance with regulations 56 to 61 of the General Systems Regulations;

Amendment of article 13A

148

• (1) Article 13A (visiting health or social work professions from a relevant European State)¹⁰¹ is amended as follows.

• (2) For paragraph (2), substitute—

(2) Paragraph (3) applies if— (a) V has the benefit of regulation 12 of the General Systems Regulations in connection with the provision by V of relevant services 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 relevant services); or (b) V has a right to practise in the United Kingdom on a temporary and occasional basis by virtue of holding a European professional card in accordance with regulations 51 to 55 of those Regulations.

• (3) In paragraph (5)—

• (a) for “17” substitute “24”;

• (b) for “8” substitute “12”.

Amendment of article 38

149

• (1) Article 38 (appeals)¹⁰² is amended as follows.

• (2) In paragraph (1A), after sub-paragraph (b), insert—

(c) a decision of the Council under regulation 67 of the General Systems Regulations to send an alert about a person; (d) a decision of the Council to revoke, or not to issue, extend or vary a European professional card under Part 4 of the General Systems Regulations; (e) a failure by the Council to make a decision in relation to a European professional card within the time limit under regulation 51(1) or 56(1) of the General Systems Regulations.

• (3) In paragraph (3)(b), after “against” insert “or, in the case of an appeal from a decision falling within paragraph (1A)(c), direct that the alert be withdrawn or amended”.

• (4) In paragraph (3)(c), after “against” insert “, or the failure to make a decision falling within paragraph (1A)(e),”.

Insertion of article 49

150

After article 48 (supplementary and transitional provisions and extent), insert—

(49) By 1st November 2021, and subsequently at intervals not exceeding 5 years from that date, in accordance with section 30 of the Small Business, Enterprise and Employment Act 2015, the Secretary of State must— (a) carry out a review of the amendments made to this Order by the European Qualifications (Health and Social Care Professions) Regulations 2016; (b) set out the conclusions of the review in a report; and (c) publish the report.

Amendment of Schedule 3

151

• (1) Schedule 3 (interpretation)¹⁰³ is amended as follows.

• (2) In paragraph 1—

• (a) for the definition of “General Systems Regulations”, substitute—

• “General Systems Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015;

• (b) in the appropriate place, insert—

• “European professional card” has the meaning given in Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications, as amended from time to time;

CHAPTER 2 — AMENDMENT OF THE HEALTH PROFESSIONS COUNCIL (REGISTRATION AND FEES) RULES ORDER OF COUNCIL 2003

Introductory

152

The Health and Care Professions Council (Registration and Fees) Rules 2003, which are set out in the Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003¹⁰⁴, are amended in accordance with this Chapter.

Amendment of rule 4

153

• (1) Rule 4 (applications for registration)¹⁰⁵ is amended as follows.

• (2) In paragraph (4)(a)(ii), omit the “or” at the end.

• (3) After paragraph (4)(a)(ii), insert—

(iia) where the applicant is relying on article 12(1)(ba) of the Order, evidence that the applicant has obtained a European professional card; or

PART 9 — MISCELLANEOUS

Amendment of the European Union (Recognition of Professional Qualifications) 2015

154

• (1) The European Union (Recognition of Professional Qualifications) Regulations 2015¹⁰⁶ are amended as follows.