LegalizeThe European Qualifications (Health and Social Care Professions) Regulations 2016
- (2) In Schedule 3 (professions in respect of which the right of the applicant to choose between an adaptation period and an aptitude test is displaced), in Part 2 (professions under regulation 34(b)), omit the reference to “pharmacy technician”.
General saving provision: Switzerland
155
- (1) The amendments made by Parts 2 to 8 of these Regulations are of no effect in relation to any action taken in relation to—
- (a) an individual—
- (i) who obtained his or her professional qualifications in Switzerland; or
- (ii) who lawfully practised in Switzerland,
who wishes to access and pursue a regulated profession in the United Kingdom in reliance on those professional qualifications or that practice; or
- (b) matters affecting Switzerland, insofar as such action relates to Switzerland.
- (2) In this regulation—
- (a) “professional qualifications” means the formal qualifications necessary to practice a profession in Switzerland that is equivalent to a regulated profession;
- (b) “regulated profession” means a profession regulated by or under an enactment amended in Parts 2 to 8 of these Regulations.
Signed
Signed by authority of the Secretary of State for Health.
Philip Dunne — Minister of State, — Department of Health — 25th October 2016
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations, which are made under powers contained in the European Communities Act 1972, implement, in part, amendments to Directive 2005/36/EC (“the Directive”) made by Directive 2013/55/EU, which concerns the recognition of professional qualifications. The essential aim of the Directive is to facilitate the free movement of persons between Member States of the European Union, by setting out principles and procedures which Member States are to apply in determining the rights of migrants to pursue professions which require professional qualifications. Accordingly, the Regulations make amendments to a number of Acts and statutory instruments in order to reflect the changes made to the Directive.
The Regulations implement most of the changes made to the Directive in relation to a first group of health professions (the “sectoral professions”), namely, doctors (including specialists and general practitioners), pharmacists, dentists (including specialist dentists), nurses responsible for general care and midwives.
The Regulations implement certain provisions of the Directive in relation to a second group of health and social care professions (the “general systems professions”), namely, chiropractors, opticians, osteopaths, pharmacy technicians, social workers, social care managers, professions complementary to dentistry, certain specialist nurses and those professions regulated by the Health and Care Professions Council. These professions are not subject to the system of automatic mutual recognition of qualifications which applies in relation to the sectoral professions.
Those changes to the Directive relating to health and social care professions which are not implemented by these Regulations are implemented by the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059) (“the General Systems Regulations”).
The amendments made by these Regulations apply in relation to the Member States of the European Union and also in relation to the other EEA States, Iceland, Liechtenstein and Norway. The do not apply in relation to Switzerland (see regulation 155).
The main changes to existing legislation made by the Regulations may be summarised as follows.
Updating cross-references to the General Systems Regulations
These Regulations make a number of consequential amendments to update references in the legislation to reflect the General Systems Regulations and the revocation of the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781) by those Regulations. For an example, see regulation 6 (which amends the cross-references to the General Systems Regulations in section 14A of the Medical Act 1983).
European professional card
Articles 4a to 4e of the Directive are new provisions which, together with Commission Implementing Regulation 2015/983/EU (“the Implementing Act”), establish a new (and principally electronic) system for the recognition of professional qualifications in certain cases: the European professional card (“EPC”). The sectoral professionals benefitting from the EPC are pharmacists and nurses responsible for general care. These Regulations implement the EPC system in relation to pharmacists and nurses responsible for general care (in particular, see regulations 25, 42 and 69). In addition, physiotherapists benefit from the EPC system under Part 4 of the General Systems Regulations. See Annex I to the Implementing Act for the professions which are currently eligible for the EPC.
Declaration and evidence in relation to first provision of services, etc.
Article 7 (2) of the Directive has been amended so that additional documentation or evidence must be submitted by visiting practitioners from relevant European States who are seeking permission to practise in the sectoral professions on a temporary and occasional basis for the first time or if there is a material change in their circumstances. That documentation or evidence consists of confirmation of the absence of temporary or final suspensions from practising and the absence of criminal convictions, and a declaration about the applicant’s knowledge of English for the purpose of practising: see regulations 10, 24, 41, 53 and 68.
Professional traineeships
Article 55a of the Directive (also see the amendments to article 2(1)) is a new provision setting out requirements as to the recognition of professional traineeships carried out overseas. The affected sectoral professions are doctors and pharmacists. In particular, see regulations 4, 5, 21 and 38 for these requirements. Regulations 9, 18 and 30 amend the relevant sectoral professions legislation by inserting definitions of “professional traineeship”.
Competent authority functions
Article 56 (3) of the Directive requires relevant European States to designate competent authorities which will deal with applications and the provision of certificates etc., under the Directive. Regulations 11, 23, 25, 43, 54, 60 and 70 insert and update the functions of the relevant UK competent authorities for the sectoral professions.
Appeals
The Regulations make changes regarding rights of appeal in relation to certain EPC decisions, and decisions to send alerts about practitioners, by the relevant UK competent authority: for example, see regulations 34 to 36 (which amend articles 39 to 41, respectively, of the Pharmacy Order 2010). See regulation 67 of the General Systems Regulations for details of the alert mechanism itself (which applies also in relation to the sectoral profession), and articles 23 to 28 of the Implementing Act.
An impact assessment of the effect that these Regulations will have on the cost of business, the voluntary sector and the public sector is available from the Department of Health on the gov.uk website (www.gov.uk). An Explanatory Memorandum and a transposition note are available with these Regulations on the www.legislation.gov.uk website.
Footnotes
S.I. 1995/3207; 2002/248; and 2003/2901. There are amendments to S.I. 2002/248 and 2003/2901, but these are not relevant to these Regulations. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementing obligations under European Union law in relation to certain matters by virtue of section 53 of that Act, these functions continue to be exercisable by the Secretary of State as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972 (c.68).
Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).
Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 and by S.I. 2007/1388.
c. 54.
Section 10A was inserted by S.I. 2006/1914.
Section 14 was amended by S.I. 1996/1591, 2006/1914 and 2007/3101.
Section 14A was inserted by S.I. 2007/3101 and amended by 2011/1043.
Section 19A was inserted by S.I. 2007/3101.
Section 40 was amended by S.I. 2006/1914 (which, in particular, inserted subsections (1A) and (4A)), 2007/3101 and 2015/794 (which, in particular, substituted the heading to section 40). There are other amendments which are not relevant to these Regulations.
The definition of “the General Systems Regulations” was inserted by S.I. 2007/3101.
Schedule 2A was inserted by S.I. 2007/3101.
Schedule 4A was inserted by S.I. 2007/3101.
Article 2 was amended by S.R. (N.I.) 2008 No. 192 and 2012 No. 308, and by S.I. 2012/1916 and 2015/806.
The definition of “General Systems Regulations” was inserted by S.R. (N.I.) 2008 No. 192.
Article 8(2)(c) was substituted by S.R. (N.I.) 2008 No. 192.
Article 8A was inserted by S.R. (N.I.) 1987 No. 457 and amended by 1996 No. 393 and 2008 No. 192.
Article 8B was inserted by S.R. (N.I.) 2008 No. 192.
Article 11 was amended by S.R. (N.I.) 2008 No. 192 and 2012 No. 308; article 11ZA was inserted by S.I. 2015/806.
Article 22 was originally in Part 4; articles 21 and 22 were revoked by S.R. (N.I.) 2012 No. 308.
Schedule 2B was inserted by S.R. (N.I.) 2008 No. 192.
Regulation 3 was amended by S.I. 2015/806. There are other amendments which are not relevant to these Regulations.
Article 39 was amended by S.I. 2014/1887 and 2015/806.
Article 40 was amended by S.I. 2015/806.
Schedule 3 was amended by S.I. 2015/806.
S.I. 2010/1617, which was amended by S.I. 2012/3171. There are other amendments which are not relevant to these Regulations.
c. 24.
Section 29 was amended by sections 31 and 37 of, and Schedules 8 and 9 to, the National Health Service Reform and Health Care Professions Act 2002 (c.17) and by S.I. 2005/2011.
Section 36S was inserted by S.I. 2005/2011.
Section 36Z3 was inserted by S.I. 2007/3101.
Section 53(1) was amended by S.I. 1996/1496, 2005/2011, 2007/3101, 2011/1043 and 2015/806.
Paragraph 1 was substituted by S.I. 2007/3101.
Paragraph 6A was inserted by S.I. 2003/3148 and amended by 2007/3101 .
Schedule 4 was substituted by S.I. 2007/3101.
Schedule 4ZA was inserted by S.I. 2007/3101.
Regulation 2(1) was amended by S.I. 2004/1947, 2007/3101 and 2011/1043.
Regulation 7 was amended by S.I. 2007/3101, which substituted paragraphs (1) and (2) for paragraphs (1) to (3) as originally enacted.
Regulation 16 was originally in Part 3 and was revoked by S.I. 2007/3101.
Schedule A1 was inserted by S.I. 2007/3101.
There are amendments to article 13, but none are relevant to these Regulations.
Article 37 was amended by S.I. 2007/3101, 2014/1887 and 2015/806. There are other amendments but these are not relevant to these Regulations.
Article 38 was amended by S.I. 2007/3101.
Article 39A was inserted by S.I. 2007/3101.
Schedule 2A was inserted by S.I. 2007/3101.
Schedule 3 was substituted by S.I. 2007/3101 and amended by 2015/806.
Schedule 4 was amended by S.I. 2002/2469, 2003/3148, 2004/1947, 2007/3101, 2008/1485, 2011/1043, 2014/1887, 2015/806 and by S.R. (N.I.) 2009 No. 144.
Article 2 was amended by S.I. 2007/3101.
Article 3 was substituted by S.I. 2007/3101.
Article 4 was substituted by S.I. 2007/3101.
Article 5(1) was substituted by S.I. 2007/3101.
Article 6 was substituted by S.I. 2007/3101.
Article 7 was substituted in part, and amended, by S.I. 2007/3101.
Article 7A was inserted by S.I. 2007/3101.
Article 8 was substituted by S.I. 2007/3101.
Article 11 was revoked by S.I. 2007/3101.
Rule 5 was amended by S.I. 2007/3101, 2014/1887 and 2015/1923.
Rule 20 was amended by S.I. 2007/3101 and 2015/1923.
Rule 21 was amended by S.I. 2015/1923.
c. 44.
Section 8C was inserted by S.I. 2007/3101.
Section 8D was inserted by S.I. 2007/3101.
Section 23G was inserted by S.I. 2005/848 and amended by section 99 of, and Schedule 7 to, the Health and Social Care Act 2008.
Section 36(1) was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
c. 21.
Section 5A was inserted by S.I. 2007/3101.
Section 29A was inserted by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Section 41 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
c. 17.
Section 5A was inserted by S.I. 2007/3101.
Section 29A was inserted by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Section 43 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
c. 14.
Section 55 was amended by section 95 of, and Schedule 5 to, the Health and Social Care Act 2008, and by S.I. 2007/3101 and 2011/1043. There are other amendments but these are not relevant to these Regulations.
Section 56 was amended by section 230 of, and Schedule 15 to, the Health and Social Care Act 2012 (c.7) and by S.I. 2007/3101.
There are amendments to section 58, but these are not relevant to these Regulations.
Section 58A was inserted by S.I. 2007/3101 and was amended by section 230 of, and Schedule 15 to, the Health and Social Care Act 2012.
Section 60 was amended by section 230 of, and Schedule 15 to, the Health and Social Care Act 2012, and by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
The heading to section 64 was substituted by section 230 of, and Schedule 15 to, the Health and Social Care Act 2012. There are other amendments to section 64, but these are not relevant to these Regulations.
Section 65 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Section 68 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Section 71(3A) was inserted by S.I. 2007/3101 and amended by section 230 of, and Schedule 15 to, the Health and Social Care Act 2012. There are other amendments to section 71, but these are not relevant to these Regulations.
Section 2 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Section 5A was inserted by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Section 15 was substituted by section 5 of the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016 (c.23 (N.I.)).
Section 46A was inserted by S.I. 2007/3101.
Section 51 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
There are amendments but these are not relevant to these Regulations.
S.I. 2002/254, the title of which was substituted by section 213 of the Health and Social Care Act 2012.
Article 12 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Article 13A was inserted by S.I. 2007/3101.
Article 38 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Schedule 3 was amended by S.I. 2007/3101. There are other amendments but these are not relevant to these Regulations.
Rule 4 was substituted by S.I. 2016/693. There are other amendments but these are not relevant to these Regulations.
Editorial notes
Reg. 1 in force at 18.11.2016, see reg. 1
Reg. 2 in force at 18.11.2016, see reg. 1
Reg. 3 in force at 18.11.2016, see reg. 1
Reg. 4 in force at 18.11.2016, see reg. 1
Reg. 5 in force at 18.11.2016, see reg. 1
Reg. 6 in force at 18.11.2016, see reg. 1
Reg. 7 in force at 18.11.2016, see reg. 1
Reg. 8 in force at 18.11.2016, see reg. 1
Reg. 9 in force at 18.11.2016, see reg. 1
Reg. 10 in force at 18.11.2016, see reg. 1
Reg. 11 in force at 18.11.2016, see reg. 1
Reg. 12 in force at 18.11.2016, see reg. 1
Reg. 13 in force at 18.11.2016, see reg. 1
Reg. 14 in force at 18.11.2016, see reg. 1
Reg. 15 in force at 18.11.2016, see reg. 1
Reg. 16 in force at 18.11.2016, see reg. 1
Reg. 17 in force at 18.11.2016, see reg. 1
Reg. 18 in force at 18.11.2016, see reg. 1
Reg. 19 in force at 18.11.2016, see reg. 1
Reg. 20 in force at 18.11.2016, see reg. 1
Reg. 21 in force at 18.11.2016, see reg. 1
Reg. 22 in force at 18.11.2016, see reg. 1
Reg. 23 in force at 18.11.2016, see reg. 1
Reg. 24 in force at 18.11.2016, see reg. 1
Reg. 25 in force at 18.11.2016, see reg. 1
Reg. 26 in force at 18.11.2016, see reg. 1
Reg. 27 in force at 18.11.2016, see reg. 1
Reg. 28 in force at 18.11.2016, see reg. 1
Reg. 29 in force at 18.11.2016, see reg. 1
Reg. 30 in force at 18.11.2016, see reg. 1
Reg. 31 in force at 18.11.2016, see reg. 1
Reg. 32 in force at 18.11.2016, see reg. 1
Reg. 33 in force at 18.11.2016, see reg. 1
Reg. 34 in force at 18.11.2016, see reg. 1
Reg. 35 in force at 18.11.2016, see reg. 1
Reg. 36 in force at 18.11.2016, see reg. 1
Reg. 37 in force at 18.11.2016, see reg. 1
Reg. 38 in force at 18.11.2016, see reg. 1
Reg. 39 in force at 18.11.2016, see reg. 1
Reg. 40 in force at 18.11.2016, see reg. 1
Reg. 41 in force at 18.11.2016, see reg. 1
Reg. 42 in force at 18.11.2016, see reg. 1
Reg. 43 in force at 18.11.2016, see reg. 1
Reg. 44 in force at 18.11.2016, see reg. 1
Reg. 45 in force at 18.11.2016, see reg. 1
Reg. 46 in force at 18.11.2016, see reg. 1
Reg. 47 in force at 18.11.2016, see reg. 1
Reg. 48 in force at 18.11.2016, see reg. 1
Reg. 49 in force at 18.11.2016, see reg. 1
Reg. 50 in force at 18.11.2016, see reg. 1
Reg. 51 in force at 18.11.2016, see reg. 1
Reg. 52 in force at 18.11.2016, see reg. 1
Reg. 53 in force at 18.11.2016, see reg. 1
Reg. 54 in force at 18.11.2016, see reg. 1
Reg. 55 in force at 18.11.2016, see reg. 1
Reg. 56 in force at 18.11.2016, see reg. 1
Reg. 57 in force at 18.11.2016, see reg. 1
Reg. 58 in force at 18.11.2016, see reg. 1
Reg. 59 in force at 18.11.2016, see reg. 1
Reg. 60 in force at 18.11.2016, see reg. 1
Reg. 61 in force at 18.11.2016, see reg. 1
Reg. 62 in force at 18.11.2016, see reg. 1
Reg. 63 in force at 18.11.2016, see reg. 1
Reg. 64 in force at 18.11.2016, see reg. 1
Reg. 65 in force at 18.11.2016, see reg. 1
Reg. 66 in force at 18.11.2016, see reg. 1
Reg. 67 in force at 18.11.2016, see reg. 1
Reg. 68 in force at 18.11.2016, see reg. 1
Reg. 69 in force at 18.11.2016, see reg. 1
Reg. 70 in force at 18.11.2016, see reg. 1
Reg. 71 in force at 18.11.2016, see reg. 1
Reg. 72 in force at 18.11.2016, see reg. 1
Reg. 73 in force at 18.11.2016, see reg. 1
Reg. 74 in force at 18.11.2016, see reg. 1
Reg. 75 in force at 18.11.2016, see reg. 1
Reg. 76 in force at 18.11.2016, see reg. 1
Reg. 77 in force at 18.11.2016, see reg. 1
Reg. 78 in force at 18.11.2016, see reg. 1
Reg. 79 in force at 18.11.2016, see reg. 1
Reg. 80 in force at 18.11.2016, see reg. 1
Reg. 81 in force at 18.11.2016, see reg. 1
Reg. 82 in force at 18.11.2016, see reg. 1
Reg. 83 in force at 18.11.2016, see reg. 1
Reg. 84 in force at 18.11.2016, see reg. 1
Reg. 85 in force at 18.11.2016, see reg. 1
Reg. 86 in force at 18.11.2016, see reg. 1
Reg. 87 in force at 18.11.2016, see reg. 1
Reg. 88 in force at 18.11.2016, see reg. 1
Reg. 89 in force at 18.11.2016, see reg. 1
Reg. 90 in force at 18.11.2016, see reg. 1
Reg. 91 in force at 18.11.2016, see reg. 1
Reg. 92 in force at 18.11.2016, see reg. 1
Reg. 93 in force at 18.11.2016, see reg. 1
Reg. 94 in force at 18.11.2016, see reg. 1
Reg. 95 in force at 18.11.2016, see reg. 1
Reg. 96 in force at 18.11.2016, see reg. 1
Reg. 97 in force at 18.11.2016, see reg. 1
Reg. 98 in force at 18.11.2016, see reg. 1
Reg. 99 in force at 18.11.2016, see reg. 1
Reg. 100 in force at 18.11.2016, see reg. 1
Reg. 101 in force at 18.11.2016, see reg. 1
Reg. 102 in force at 18.11.2016, see reg. 1
Reg. 103 in force at 18.11.2016, see reg. 1
Reg. 104 in force at 18.11.2016, see reg. 1
Reg. 105 in force at 18.11.2016, see reg. 1
Reg. 106 in force at 18.11.2016, see reg. 1
Reg. 107 in force at 18.11.2016, see reg. 1
Reg. 108 in force at 18.11.2016, see reg. 1
Reg. 109 in force at 18.11.2016, see reg. 1
Reg. 110 in force at 18.11.2016, see reg. 1
Reg. 111 in force at 18.11.2016, see reg. 1
Reg. 112 in force at 18.11.2016, see reg. 1
Reg. 113 in force at 18.11.2016, see reg. 1
Reg. 114 in force at 18.11.2016, see reg. 1
Reg. 115 in force at 18.11.2016, see reg. 1
Reg. 116 in force at 18.11.2016, see reg. 1
Reg. 117 in force at 18.11.2016, see reg. 1
Reg. 118 in force at 18.11.2016, see reg. 1
Reg. 119 in force at 18.11.2016, see reg. 1
Reg. 120 in force at 18.11.2016, see reg. 1
Reg. 121 in force at 18.11.2016, see reg. 1
Reg. 122 in force at 18.11.2016, see reg. 1
Reg. 123 in force at 18.11.2016, see reg. 1
Reg. 124 in force at 18.11.2016, see reg. 1
Reg. 125 in force at 18.11.2016, see reg. 1
Reg. 126 in force at 18.11.2016, see reg. 1
Reg. 127 in force at 18.11.2016, see reg. 1
Reg. 128 in force at 18.11.2016, see reg. 1
Reg. 129 in force at 18.11.2016, see reg. 1
Reg. 130 in force at 18.11.2016, see reg. 1
Reg. 131 in force at 18.11.2016, see reg. 1
Reg. 132 in force at 18.11.2016, see reg. 1
Reg. 133 in force at 18.11.2016, see reg. 1
Reg. 134 in force at 18.11.2016, see reg. 1
Reg. 135 in force at 18.11.2016, see reg. 1
Reg. 136 in force at 18.11.2016, see reg. 1
Reg. 137 in force at 18.11.2016, see reg. 1
Reg. 138 in force at 18.11.2016, see reg. 1
Reg. 139 in force at 18.11.2016, see reg. 1
Reg. 140 in force at 18.11.2016, see reg. 1
Reg. 141 in force at 18.11.2016, see reg. 1
Reg. 142 in force at 18.11.2016, see reg. 1
Reg. 143 in force at 18.11.2016, see reg. 1
Reg. 144 in force at 18.11.2016, see reg. 1
Reg. 145 in force at 18.11.2016, see reg. 1
Reg. 146 in force at 18.11.2016, see reg. 1
Reg. 147 in force at 18.11.2016, see reg. 1
Reg. 148 in force at 18.11.2016, see reg. 1
Reg. 149 in force at 18.11.2016, see reg. 1
Reg. 150 in force at 18.11.2016, see reg. 1
Reg. 151 in force at 18.11.2016, see reg. 1
Reg. 152 in force at 18.11.2016, see reg. 1
Reg. 153 in force at 18.11.2016, see reg. 1
Reg. 154 in force at 18.11.2016, see reg. 1
Reg. 155 in force at 18.11.2016, see reg. 1
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