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

S.I. 2007/3101 · Made 1 November 2007 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 September 2012.

HEALTH CARE AND ASSOCIATED PROFESSIONS

Made 1st November 2007

Laid before Parliament 9th November 2007

Coming into force

Regulations 81 to 87, 93(e), (f) (g) and (h) and 94(b) 1st April 2008

Remainder 3rd December 2007

The Secretary of State for Health, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 M1 in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the professions of dentistry, medicine, midwifery, nursing and pharmacy and their specialties M2, in relation to measures relating to access to, the training for, the pursuit of, and the award of qualifications in the profession of social worker M3, and in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations M4, makes the following Regulations in exercise of his powers conferred under section 2(2) of, as read with paragraph 1A of Schedule 2 M5 to, the European Communities Act 1972 M6.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State for Health that it is expedient for the references to Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications M7, or to a provision of that Directive, to be construed as references to that Directive, or to that provision of the Directive, as amended from time to time.

Annotations to the whole text

Marginal citations

M1

1972 c.68. The enabling powers of section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).

M2

S.I. 1995/3207.

M3

S.I. 2003/2901.

M4

S.I. 2002/248.

M5

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

M6

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.

M7

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.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation, commencement and extent
  3. Part 2: MEDICAL PRACTITIONERS: MEDICAL ACT 1983
  4. 2Amendment of Medical Act 1983
  5. 3Amendment of section 2
  6. 4Amendment of section 3
  7. 5Amendment of section 5
  8. 6Amendment of section 10A
  9. 7Amendment of section 14
  10. 8Insertion of section 14A
  11. 9Amendment of section 15A
  12. 10Amendment of section 16
  13. 11Amendment of section 17
  14. 12Substitution of section 18
  15. 13Amendment of section 19
  16. 14Insertion of section 19A
  17. 15Amendment of section 21
  18. 16Amendment of section 21B
  19. 17Amendment of section 21C
  20. 18Amendment of section 26
  21. 19Amendment of section 30
  22. 20Amendment of section 32
  23. 21Amendment of section 40
  24. 22Amendment of section 44
  25. 23Amendment of section 44B
  26. 24Insertion of section 44BA
  27. 25Repeal of section 45
  28. 26Amendment of section 46
  29. 27Amendment of section 49
  30. 28Insertion of section 49B
  31. 29Amendment of section 55
  32. 30Amendment of Schedule 1
  33. 31Repeal of Schedule 2
  34. 32Insertion of Schedule 2A
  35. 33Amendment of Schedule 3
  36. 34Amendment of Schedule 3A
  37. 35Amendment of Schedule 4
  38. 36Insertion of Schedule 4A
  39. Part 3: MEDICAL PRACTITIONERS: THE GENERAL AND SPECIALIST MEDICAL PRACTICE (EDUCATION, TRAINING AND QUALIFICATIONS) ORDER 2003
  40. 37Amendment of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 Repealed
  41. 38Amendment of article 5
  42. 39Substitution of article 6
  43. 40Amendment of article 8
  44. 41Amendment of article 10
  45. 42Amendment of article 11
  46. 43Insertion of article 11A
  47. 44Amendment of article 12
  48. 45Amendment of article 13
  49. 46Amendment of article 14
  50. 47Insertion of article 14A
  51. 48Amendment of article 15
  52. 49Insertion of article 15A
  53. 50Substitution of article 16
  54. 51Amendment of article 18
  55. 52Substitution of article 19
  56. 53Revocation of article 20
  57. 54Amendment of article 21
  58. 55Amendment of article 23
  59. 56Amendment of Schedule 1
  60. 57Amendment of Schedule 2
  61. 58Amendment of Schedule 3
  62. 59Repeal of Schedule 4
  63. 60Repeal of Schedule 5
  64. 61Amendment of Schedule 6
  65. 62Repeal of Schedule 6A
  66. 63Repeal of Schedule 7
  67. 64Insertion of Schedule 7A
  68. Part 4: MEDICAL PRACTITIONERS: OTHER LEGISLATION
  69. 65Amendment of the Value Added Tax Act 1994
  70. 66Amendment of the European Primary Medical Qualifications Regulations 1996
  71. 67Amendment of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 Repealed
  72. 68Amendment of the National Health Service (Performers Lists) Regulations 2004 Repealed
  73. 69Amendment of the National Health Service (Performers Lists) (Wales) Regulations 2004 Repealed
  74. 70Amendment of the General Medical Council (Fitness to Practise) Rules 2004
  75. Part 5: PHARMACISTS AND PHARMACY TECHNICIANS: THE PHARMACISTS AND PHARMACY TECHNICIANS ORDER 2007
  76. 71Amendment of the Pharmacists and Pharmacy Technicians Order 2007
  77. 72Amendment of article 3
  78. 73Amendment of article 10
  79. 74Amendment of article 11
  80. 75Amendment of article 12
  81. 76Amendment of article 14
  82. 77Amendment of article 16
  83. 78Amendment of article 17
  84. 79Substitution of article 18
  85. 80Insertion of article 18A
  86. 81Amendment of article 21
  87. 82Amendment of article 22
  88. 83Amendment of article 23
  89. 84Amendment of article 25
  90. 85Amendment of article 27
  91. 86Amendment of article 28
  92. 87Insertion of articles 28A and 28B
  93. 88Amendment of article 33
  94. 89Amendment of article 35
  95. 90Amendment of article 36
  96. 91Amendment of article 39
  97. 92Amendment of article 40
  98. 93Amendment of article 42
  99. 94Amendment of article 43
  100. 95Insertion of article 64A
  101. 96Amendment of article 66
  102. 97Insertion of Schedules A1 and A2
  103. Part 6: PHARMACISTS AND PHARMACY TECHNICIANS: OTHER LEGISLATION
  104. 98Amendment of the Medicines Act 1968
  105. 99Amendment of the National Health Service (Scotland) Act 1978
  106. 100Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
  107. 101Amendment of the Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
  108. 102Amendment of the Gender Recognition (Disclosure of Information) (Scotland) Order 2005
  109. 103Amendment of the Health Act 2006
  110. 104Amendment of the National Health Service Act 2006
  111. 105Amendment of the National Health Service (Wales) Act 2006
  112. 106Amendment of the Controlled Drugs (Supervision of Management and Use) Regulations 2006
  113. 107Amendment of the Royal Pharmaceutical Society of Great Britain (Registration) Rules 2007
  114. 108Amendment of the Approved European Pharmacy Qualifications Order of Council 2007
  115. Part 7: DENTISTS AND PROFESSIONS COMPLEMENTARY TO DENTISTRY: DENTISTS ACT 1984
  116. 109Amendment of Dentists Act 1984
  117. 110Insertion of section 12A
  118. 111Amendment of section 14
  119. 112Amendment of section 15
  120. 113Amendment of section 16
  121. 114Amendment of section 17
  122. 115Amendment of section 18
  123. 116Amendment of section 19
  124. 117Substitution of section 21A
  125. 118Insertion of section 34AA
  126. 119Amendment of section 35
  127. 120Amendment of section 36
  128. 121Insertion of sections 36ZA and 36ZB
  129. 122Amendment of section 36B
  130. 123Amendment of section 36C
  131. 124Amendment of section 36E
  132. 125Amendment of section 36F
  133. 126Insertion of sections 36Z3 and 36Z4
  134. 127Amendment of section 38
  135. 128Amendment of section 39
  136. 129Amendment of section 53
  137. 130Amendment of Schedule 2
  138. 131Amendment of Schedule 2A
  139. 132Substitution of Schedule 4
  140. 133Insertion of Schedule 4ZA
  141. 134Amendment of Schedule 4A
  142. Part 8: DENTISTS: THE EUROPEAN PRIMARY AND SPECIALIST DENTAL QUALIFICATIONS REGULATIONS 1998
  143. 135Amendment of the European Primary and Specialist Dental Qualifications Regulations 1998
  144. 136Amendment of regulation 2
  145. 137Amendment of regulation 3
  146. 138Substitution of regulation 4
  147. 139Amendment of regulation 7
  148. 140Amendment of regulation 8
  149. 141Amendment of regulation 9
  150. 142Insertion of regulation 9A
  151. 143Amendment of regulation 10
  152. 144Amendment of regulation 13
  153. 145Amendment of regulation 14
  154. 146Insertion of regulation 14A
  155. 147Repeal of regulations 16, 17, 18 and 21
  156. 148Insertion of Schedule A1
  157. 149Repeal of Schedule 1
  158. 150Repeal of Schedule 2
  159. Part 9: DENTISTS: OTHER LEGISLATION
  160. 151Amendment of the Medicines Act 1968
  161. 152Amendment of the Misuse of Drugs Act 1971
  162. 153Amendment of the Poisons Act 1972
  163. 154Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
  164. Part 10: NURSES AND MIDWIVES: NURSING AND MIDWIFERY ORDER 2001
  165. 155Amendment of Nursing and Midwifery Order 2001
  166. 156Amendment of article 6
  167. 157Amendment of article 7
  168. 158Amendment of article 8
  169. 159Amendment of article 9
  170. 160Amendment of article 10
  171. 161Omission of article 11
  172. 162Amendment of article 13
  173. 163Amendment of article 14
  174. 164Amendment of article 15
  175. 165Amendment of article 19
  176. 166Amendment of article 37
  177. 167Amendment of article 38
  178. 168Substitution of article 39
  179. 169Insertion of article 39A
  180. 170Substitution of article 40
  181. 171Insertion of Schedule 2A
  182. 172Substitution of Schedule 3
  183. 173Amendment of Schedule 4
  184. Part 11: NURSES AND MIDWIVES: OTHER LEGISLATION
  185. 174The Nursing and Midwifery Council (Fees) Rules 2004
  186. 175The Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004
  187. 176The European Nursing and Midwifery Qualifications Designation Order of Council 2004
  188. 177The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004
  189. Part 12: OPTICIANS: OPTICIANS ACT 1989
  190. 178Amendment of Opticians Act 1989
  191. 179Amendment of section 8
  192. 180Insertion of sections 8B, 8C and 8D
  193. 181Amendment of section 10
  194. 182Amendment of section 10A
  195. 183Amendment of section 11A
  196. 184Amendment of section 11B
  197. 185Amendment of section 28
  198. 186Amendment of section 29
  199. 187Amendment of section 36
  200. 188Amendment of Schedule 1A
  201. Part 13: OPTICIANS: OTHER LEGISLATION
  202. 189Amendment of the National Health Service Act 1977
  203. 190Amendment of the National Health Service (Scotland) Act 1978
  204. 191Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Exemption from Licences) Order 1979
  205. 192Amendment of the Medicines (Contact Lens Fluids and Other Substances) (Advertising and Miscellaneous Amendments) Regulations 1979
  206. 193Amendment of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
  207. 194Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986
  208. 195Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1992
  209. 196Amendment of the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians) Rules 1993
  210. 197Amendment of the Prescription Only Medicines (Human Use) Order 1997
  211. 198Amendment of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999
  212. 199Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
  213. 200Amendment of the General Social Care Council (Appointments and Procedure) Regulations 2001
  214. 201Amendment of the Medicines for Human Use (Clinical Trials) Regulations 2004
  215. 202Amendment of the General Optical Council (Registration Rules) 2005
  216. 203Amendment of the National Health Service Act 2006
  217. 204Amendment of the National Health Service (Wales) Act 2006
  218. 205Amendment of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006
  219. Part 14: OSTEOPATHS: OSTEOPATHS ACT 1993
  220. 206Amendment of the Osteopaths Act 1993
  221. 207Insertion of section 5A
  222. 208Amendment of section 6
  223. 209Amendment of section 8
  224. 210Amendment of section 17
  225. 211Amendment of section 29
  226. 212Insertion of section 29A
  227. 213Amendment of section 37
  228. 214Amendment of section 41
  229. Part 15: OSTEOPATHS: OTHER LEGISLATION
  230. 215Amendment of the General Osteopathic Council (Registration) Rules 1998
  231. 216Amendment of the General Osteopathic Council (Professional Indemnity Insurance) Rules 1998
  232. 217Amendment of the General Osteopathic Council (Recognition of Qualifications) Rules 2000
  233. Part 16: CHIROPRACTORS: CHIROPRACTORS ACT 1994
  234. 218Amendment of the Chiropractors Act 1994
  235. 219Insertion of section 5A
  236. 220Amendment of section 6
  237. 221Amendment of section 8
  238. 222Amendment of section 17
  239. 223Amendment of section 29
  240. 224Insertion of section 29A
  241. 225Amendment of section 37
  242. 226Amendment of section 43
  243. Part 17: CHIROPRACTORS: OTHER LEGISLATION
  244. 227Amendment of the General Chiropractic Council (Registration) Rules 1999
  245. 228Amendment of the General Chiropractic Council (Professional Indemnity Insurance) Rules 1999
  246. 229Amendment of the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002
  247. Part 18: SOCIAL WORKERS: CARE STANDARDS ACT 2000
  248. 230Amendment of the Care Standards Act 2000
  249. 231Amendment of section 55
  250. 232Amendment of section 56
  251. 233Amendment of section 57
  252. 234Amendment of section 58
  253. 235Insertion of section 58A
  254. 236Amendment of section 60
  255. 237Amendment of section 61
  256. 238Substitution of section 64
  257. 239Amendment of section 65
  258. 240Amendment of section 66
  259. 241Amendment of section 68
  260. 242Amendment of section 71
  261. Part 19: SOCIAL WORKERS: HEALTH AND PERSONAL SOCIAL SERVICES ACT (NORTHERN IRELAND) 2001
  262. 243Amendment of the Health and Personal Social Services Act (Northern Ireland) 2001
  263. 244Amendment of section 2
  264. 245Amendment of section 3
  265. 246Amendment of section 4
  266. 247Amendment of section 5
  267. 248Insertion of section 5A
  268. 249Amendment of section 7
  269. 250Amendment of section 8
  270. 251Amendment of section 11
  271. 252Amendment of section 12
  272. 253Amendment of section 13
  273. 254Amendment of section 15
  274. 255Amendment of section 18
  275. Part 20: SOCIAL WORKERS: REGULATION OF CARE (SCOTLAND) ACT 2001
  276. 256Amendment of the Regulation of Care (Scotland) Act 2001
  277. 257Amendment of section 44
  278. 258Amendment of section 45
  279. 259Amendment of section 46
  280. 260Insertion of sections 46A and 46B
  281. 261Amendment of section 47
  282. 262Amendment of section 50
  283. 263Amendment of section 51
  284. 264Amendment of section 57
  285. 265Amendment of section 77
  286. Part 21: OTHER HEALTH PROFESSIONS: HEALTH PROFESSIONS ORDER 2001
  287. 266Amendment of the Health Professions Order 2001
  288. 267Amendment of article 6
  289. 268Amendment of article 7
  290. 269Amendment of article 8
  291. 270Amendment of article 9
  292. 271Amendment of article 10
  293. 272Amendment of article 12
  294. 273Insertion of article 13A
  295. 274Amendment of article 19
  296. 275Amendment of article 37
  297. 276Amendment of article 38
  298. 277Amendment of Schedule 3
  299. Part 22: OTHER HEALTH PROFESSIONS: OTHER LEGISLATION
  300. 278Amendment of the Health Professions (Parts of and Entries in the Register) Order of Council 2003
  301. 279Amendment of the Health Professions Council (Registration and Fees) Rules 2003
  302. Signature
  303. Explanatory note