text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the European Qualifications (Health Care Professions) Regulations 2003 and —
a
regulation 10(4) shall come into force —
i
for the purposes of article 8A(1)(b)(ii) and (2) of the European Specialist Medical Qualifications Order ,
ii
for the purposes of article 8A(3) in so far as it relates to article 8A(1)(b)(ii) and (2) of the European Specialist Medical Qualifications Order, and
iii
for the purposes of article 8A(6) of the European Specialist Medical Qualifications Order,
immediately after the coming into force of the first rules made under paragraph 3 of Schedule 3B to the Medical Act ;
b
regulation 14 (3) shall come into force for the purposes of regulation 3A(2)(b)(ii), (4) and (5) inserted into the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 by that regulation, immediately after the coming into force of the first rules made under paragraph 3 of Schedule 3B to the Medical Act; and
c
the remainder shall come into force on the 31st December 2003.
2
In these Regulations —
“the Dentists Act ” means the Dentists Act 1984 ;
“the Medical Act” means the Medical Act 1983 ;
“the Nurses, Midwives and Health Visitors Act ” means the Nurses, Midwives and Health Visitors Act 1997 ;
“the Pharmacy Act ” means the Pharmacy Act 1954 ;
“the Health Professions Order ” means the Health Professions Order 2001 ;
“the Nursing and Midwifery Order ” means the Nursing and Midwifery Order 2001 .
3
The extent of any amendment made by these Regulations is the same as that of the enactment amended.
NURSES
Amendment of Nurses, Midwives and Health Visitors Act
2
1
Until its repeal by virtue of section 60(3) of the Health Act 1999, section 21 of the Nurses, Midwives and Health Visitors Act (visiting EEA nurses and midwives) is to have effect as if it were amended in accordance with this regulation.
2
In subsection (6) —
a
in the definition of —
i
“Nursing Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/ EC and the Swiss Agreement”,
ii
“Midwifery Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement”;
b
after the definition of “Midwifery Directive”, insert the following definitions —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended, so far as relevant to this Act, by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002;
;
“EEA State” means a Contracting Party to the EEA Agreement or Switzerland;
;
“national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.
; and
c
omit the words “and ‘EEA Agreement’, “EEA State” and “national” shall be construed in accordance with section 8(8)”.
3
In subsection (7), after the definition of “the Accession of Austria, Finland and Sweden Act”, add the following definition —
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21 June 1999.
.
Performance of functions under the Nursing and Midwifery Order and subordinate legislation
3
1
The Nursing and Midwifery Council shall in performing its functions under Schedule 2 to the Nursing and Midwifery Order (transitional provisions), apply the provisions of the Nurses, Midwives and Health Visitors Act as if they had effect as modified by virtue of regulation 2.
2
The Council shall perform its functions under the Schedule to the Nurses, Midwives and Health Visitors Approval Order 1983 (Nurses, Midwives and Health Visitors Rules 1983) as if —
a
in rules 7(1) and (2)(a), 8(5)(a) and (b), and 44(1)(c), references to “EEA State” included Switzerland;
b
in rule 7 (admission to part or parts of the register following professional qualification in an EEA State other than the United Kingdom), after paragraph (1), there were inserted —
1A
If the Council refuses to admit a person who makes an application mentioned in paragraph (1)(a) to the relevant Part or Parts of the register, it shall within the period referred to in section 8(7) of the Act, give the applicant notice of that decision and the reasons for it.
;
c
in rule 8 (admission to part or parts of the register following successful completion of training, as a nurse, a midwife or a health visitor, and original registration outside the United Kingdom), after paragraph (3B), there were inserted —
3C
In the case of an applicant who is as described in sub-paragraph (a) or (b) of paragraph (5), the Council shall, within the specified period, give her —
a
notice of the action to be taken under paragraph (3)(a) or (aa); or
b
the information mentioned in paragraph (3)(b) or (c); and
c
the reasons for —
i
her admittance being made subject to conditions as mentioned in paragraph (3)(aa),
ii
the requirement that she obtain training or experience as mentioned in paragraph (3)(b), or
iii
the rejection of her application.
3D
In paragraph (3C), “the specified period” means the period of three months beginning with the date on which the Council receives the application together with full supporting documentation.
;
d
in rules 14A(13) and 18(4), after “89/595/ EEC ”, there were added “and Directive 2001/19/EC ”;
e
in rule 14B(11)(a) —
i
“as amended by 89/595/EEC” were omitted, and
ii
after “for general care”, there were added “as amended by Council Directive 89/595/EEC and Directive 2001/19/EC ;”; and
f
in rule 27, in the definition of “Midwives Directive”, after “ 89/594/EEC ”, there were added “and Directive 2001/19/EC ”.
Amendment of the Nursing and Midwifery Order
4
1
The Nursing and Midwifery Order is amended in accordance with this regulation.
2
In Schedule 4 to the Nursing and Midwifery Order (interpretation) —
a
for the definition of “EEA Agreement”, substitute —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993 and as amended by Decision of the EEA Joint Committee No. 84/2002 of 25 June 2002 ;
;
b
in the definition of —
i
“EEA State”, after “Agreement”, add “or Switzerland”,
ii
“Midwifery Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act and the Swiss Agreement”,
iii
“national” after “Treaties”, add “but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.”,
iv
“Nursing Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act and the Swiss Agreement”; and
c
insert the following definition at the appropriate place —
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21 June 1999 ;
.
Amendment of the European Nursing and Midwifery Qualifications Designation Order 1996
5
1
In the European Nursing and Midwifery Qualifications Designation Order 1996 —
a
in paragraph (1) of article 2 (interpretation) —
i
in the definition of “the First Nursing Directive” and the definition of “the First Midwifery Directive”, for “and the accession of Austria, Finland and Sweden Act”, substitute, “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement”,
ii
in the definition of “the Second Nursing Directive”, after “ 89/595/EEC ”, add “and Directive 2001/19/EC ”,
iii
in the definition of “the Second Midwifery Directive”, after “ 89/594/EEC ”, add “and Directive 2001/19/EC ”, and
iv
insert the following definition at the appropriate place —
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons signed at Luxembourg on 21st June 1999
.
b
in article 6 (qualifications in respect of which a diploma not specified in Schedule 2 is awarded in respect of training which complies with Directive requirements), in paragraph (2)(b)(ii), for “Article 3 of” in both places, substitute “the Annex to”;
c
in Schedule 1 (table showing implementation dates etc. ), after the entry for Sweden, insert —
Switzerland 1st June 2002 1st June 2002 1st June 2002
d
for Schedule 2 (diplomas listed in the First Nursing Directive, article 3, and the First Midwifery Directive, article 3), substitute the Schedule 2 set out in Schedule 1, to these Regulations.
DENTISTS
Amendment of Dentists Act
6
1
The Dentists Act is amended in accordance with this regulation.
2
In section 15 (qualification for registration in the dentists register) —
a
in subsection (4A), for “EEC” substitute “EEA”;
b
in subsection (7), in the definition of —
i
“the EEA Agreement”, after “1993”, add “and as amended, so far as relevant to this Act, by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002”,
ii
“EEA State”, after “Agreement”, add “or Switzerland”.
3
In section 16 (supplementary provisions as to registration of holders of overseas diplomas), in subsection (2A) for paragraphs (a) and (b) substitute —
a
shall take into account all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision;
b
if the person holds a dental qualification granted outside the EEA which has been accepted by another EEA State as qualifying him to practise as a dentist in that State, shall take that acceptance into account; and
.
4
In section 17 (temporary registration), in subsection (3A) —
a
for “any professional dental experience or knowledge that he has acquired in another EEA State”, substitute “all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to that decision”; and
b
for “such a State”, substitute “another EEA State”.
5
In section 21A (notification of result of application for registration by an EEA national), in subsection (1), after “for registration under section 15(1)(b)”, insert “or (c)”.
6
In Schedule 2 (European dental qualifications), Part I (appropriate European diplomas) is amended as follows —
a
in paragraph 1(1), in the definition of —
i
“Community Council Directive No 78/686/EEC ”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement”,
ii
“the Dental Training Directive”, after “Act”, add “and Directive 2001/19/EC ”,
iii
“the implementation date”, omit “and” the end of paragraph (d) and after paragraph (d) insert —
da
in the case of Switzerland, 1st June 2002; and
;
b
in paragraph 1(2), after the definition of “the Accession of Austria, Finland and Sweden Act”, add the following definition —
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.
;
c
after paragraph 6, insert —
6A
1
A diploma in medicine awarded in Italy to a person who began medical training at a university on or after 28th January 1980 but not later than 31st December 1984 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act where, subject to sub-paragraph (2) below, that person produces to the registrar a certificate issued by the competent authority in Italy certifying that —
a
he has passed the specialist aptitude test set by that competent authority which demonstrates that he possesses a level of knowledge and skills comparable to those of a person holding the qualification listed for Italy in Part II of this Schedule;
b
he has effectively, lawfully and principally practised dentistry in Italy for at least three consecutive years during the five years preceding the date of issue of the certificate; and
c
he is authorised to practise dentistry under the same conditions as a holder of the qualification listed for Italy in Part II of this Schedule.
2
A person shall be excepted from satisfying the requirement referred to in sub-paragraph (1)(a) above if he satisfies the registrar that he has successfully completed three years of study which are certified by the competent authority of Italy as being equivalent to the training referred to in Article 1 of the Dental Training Directive.
.
7
For Part II of Schedule 2 (scheduled European diplomas), substitute the Part II of that Schedule set out in Part I of Schedule 2 to these Regulations.
Amendment of European Primary and Specialist Dental Qualifications Regulations 1998
7
1
The European Primary and Specialist Dental Qualifications Regulations 1998 are amended in accordance with this regulation.
2
In regulation 2 (interpretation), in paragraph (1) —
a
in the definition of —
“the Dental Training Directive”, after “Act”, add “and Directive 2001/19/EC ”;
“EEA”, after “Area”, add “and shall be read as including Switzerland”;
“EEA Agreement”, after “1993”, add “and as amended by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002 ”;
“EEA State”, after “Agreement”, add “or Switzerland”;
“the Recognition Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement”
; and
b
after the definition of “EEA State”, insert —
“exempt person” means a person —
who is a national of an EEA State who is exercising an enforceable Community right; or
is not a national of an EEA State but is, by virtue of a right conferred by article 11 of Council Regulation (EEC) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of dentistry, no less favourably than a national of such a State;
.
3
In regulation 2(3), omit “and” the end of sub-paragraph (b), and after sub-paragraph (c) add —
; and
d
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.
.
4
In paragraph (2) of regulation 4 (the competent authority) —
a
in sub-paragraph (a)(ii), for the words “training already undertaken abroad”, substitute “additional training already undertaken and professional experience etc. already acquired”;
b
for sub-paragraph (b)(ii), substitute —
b
ii
article 6(3) (requirement to assess content and duration of training, to take into account professional experience etc. and to communicate what additional training is required);
;
c
after sub-paragraph (b)(ii), insert —
iia
article 6(4) (requirement to give a decision within four months of receipt of an application together with full supporting documentation);
.
5
In regulation 9 (eligible specialists) —
a
for paragraph (3), substitute —
3
In the case of a person falling within paragraph (2) who is an exempt person the GDC shall, when considering whether it is satisfied as mentioned in paragraph (2)(a) or (b), take into account —
a
all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to its determination; and
b
where the person has specialist qualifications in orthodontics or (as the case may be) oral surgery awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State, that acceptance.
; and
b
after paragraph (4), add —
5
In the case of an exempt person, the GDC shall, within the specified period, give the applicant notice —
a
of its decision as to whether it is satisfied that he is an eligible specialist in accordance with paragraph (2), (3) or (4); and
b
where it is not so satisfied, of the reasons for its decision and of the applicant’s right to appeal under regulation 14(1)(b).
6
Failure to notify an applicant who is an exempt person of a decision within the specified period shall be treated as a decision from which an applicant may appeal under regulation 14(1)(b).
7
In paragraphs (5) and (6), “the specified period” means —
a
the period of three months beginning with the date on which the GDC receives the application together with full supporting documentation; or
b
such longer period as is permitted by article 13 of the Recognition Directive.
.
6
In regulation 10 (recognised specialist dental qualifications) —
a
in paragraph (1)(a), for “article 5(1) (orthodontics) or (as the case may be) article 5(2) (oral surgery) of”, substitute “Annex B, Part 1 (orthodontics) or (as the case may be) Annex B, Part 2 (oral surgery) to”;
b
in paragraph (1)(c)(ii) and (iii) and paragraph (2)(b), for “article 5(1) or (2) of”, substitute “Annex B, Part 1 or Part 2, to”;
c
in paragraph (3), omit “or” at the end of sub-paragraph (c), and after sub-paragraph (c) insert —
ca
1st June 2002, in the case of Switzerland; or
.
7
For regulation 13 (other specialties), substitute —
13
1
If the GDC exercises its powers under section 26(3) and (4) of the Act so as to prescribe specialist titles or provide for specialist lists in any branch of dentistry other than orthodontics or oral surgery, it shall secure that —
a
in assessing the entitlement of an exempt person —
i
to use the specialist title in question; or
ii
to have his name entered in any specialist list relating to that branch of dentistry; or
b
in assessing what (if any) further training he must undergo for the purpose of obtaining a qualification in that branch of dentistry,
it takes into account the matters mentioned in paragraph (2).
2
The matters are —
a
if a specialist qualification in the branch of dentistry in question awarded to that person outside the EEA has been accepted by another EEA State as qualifying him to practise as a specialist in that State, that acceptance; and
b
all his dental qualifications, knowledge or experience, wherever acquired, which are relevant to its determination.
.
8
In regulation 16(2)(g) (the competent authorities), for “EEC” substitute “EEA”.
9
For Schedule 1 (specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery), substitute the Schedule 1 set out in Schedule 2, Part II to these Regulations.
10
In Schedule 2 (minimum training requirements for training leading to the award of primary dental qualifications in the United Kingdom — text of Article 1 of and the Annex to the Dental Training Directive), in paragraph 1 for “Article 3 of” substitute “Annex A to”.
PHARMACISTS
Pharmacy Act
8
1
The Pharmacy Act is amended in accordance with this regulation.
2
In section 2 (the registers and registration), after subsection (2), insert —
2A
If a person who applies to have his name registered is a national of an EEA State exercising an enforceable Community right or a person of the description mentioned in section 4A(1A) of this Act, the registrar shall, within the specified period, give the applicant notice —
a
of his decision on the application; and
b
if he is not satisfied as mentioned in subsection (2)(a) of this section of the reasons for his decision and of the applicant’s right to appeal to the Council against the decision.
2B
Failure to give the notice required by subsection (2A) of this section, within the specified period shall be treated as a decision against which an applicant may appeal to the Council.
2C
In subsections (2A) and (2B), “the specified period” means —
a
the period of three months beginning with the date on which the registrar receives the application with full supporting documentation; or
b
such longer period as is permitted by Article 12 of the Pharmacists Recognition Directive.
.
3
In section 4 (qualification by degree, diploma, etc. for registration) —
a
in subsection (1), for “Byelaws”, substitute “Subject to subsection (4) below, byelaws”;
b
in subsection (3), for “a diploma by which a person is qualified by virtue of section 4A(2)(a)”, substitute “an appropriate European diploma by which a person is qualified by virtue of section 4A”;
c
after subsection (3), add —
4
Byelaws under subsection (1) above shall provide that in relation to a national of an EEA State exercising an enforceable Community right, or a person of the description mentioned in section 4A(1A), who —
a
holds or has held a diploma granted in respect of pharmacy in any place outside the United Kingdom (other than an appropriate European diploma); or
b
has passed the examinations necessary for obtaining such a diploma,
the registrar, or on appeal the Council, shall take the matters mentioned in subsection (5) below into account when deciding whether he is qualified to have his name registered under subsection (1) above.
5
The matters are —
a
if the diploma, or the passing of the examinations necessary for obtaining it, has been accepted by another EEA State as qualifying him to practise pharmacy in that State, that fact; and
b
all his qualifications, or knowledge or experience, in pharmacy, wherever acquired, which are relevant to the question of whether his name should be registered.
.
4
In section 4A (qualification by appropriate European diploma for registration) —
a
for “a member State” in each place it occurs, substitute “an EEA State”;
b
in the expression “the member State”, “any member State” or “that member State” in each place it occurs, for “member State”, substitute “EEA State”;
c
in subsection (2) —
i
for “(5)”, substitute “(4)”; and
ii
after paragraph (c), add —
d
any diploma in pharmacy granted in an EEA State which is not specified in Schedule 1A to this Act and which does not fall within paragraph (b) or (c) above.
;
d
in subsection (3), in paragraph (a), after “Act” insert “(except one falling within subsection (3C) of this section)”;
e
after subsection (3A), insert —
3B
A diploma such as is mentioned in subsection (2)(d) of this section is not an appropriate European diploma for the purposes of this section unless the competent authorities of the EEA State in which it was awarded have certified —
a
that the diploma is evidence of training which satisfies the requirements of Article 2 of the Pharmacists Training Directive; and
b
that it is treated by the competent authorities of the EEA State in which it was awarded as equivalent to a diploma specified in respect of that State in Schedule 1A to this Act.
3C
A diploma specified in Schedule 1A to this Act in respect of Italy which is not evidence of training which satisfies the requirements of the Pharmacists Training Directive and which was awarded in respect of training which began before 1st November 1993 (but not before 1st October 1987) and finished before 1st November 2003 is not an appropriate European diploma for the purposes of this section unless the competent authorities of Italy have certified —
a
that the holder of the diploma has been effectively and lawfully engaged in Italy in one of the activities referred to in Article 1(2) of the Pharmacists Training Directive;
b
that he was so engaged for at least three consecutive years during the five years preceding the date of the certificate; and
c
that the activity in question was at all relevant times regulated in Italy.
;
f
in subsection (4) —
i
after “conditions specified in subsection (3)”, insert “, (3A), (3B) or (3C)”;
ii
for paragraph (b), substitute —
b
the satisfaction of the condition specified in —
i
paragraph (a)(ii) or (b)(ii) of subsection (3);
ii
paragraph (b) of subsection (3A);
iii
paragraph (a) or (b) of subsection (3B); or
iv
paragraph (a), (b) or (c) of subsection (3C),
shall be established by the production of the relevant certificate, and not otherwise.
;
g
omit subsection (5);
h
in subsection (6) —
i
for the definition of “competent authorities”, substitute —
“competent authorities”, in relation to an EEA State, means any authority or body designated by that EEA State in accordance with the Pharmacists Recognition Directive;
,
ii
omit the definitions of “national” and “the period of the Greek derogation”, and
iii
in the definition of “the Pharmacists Training Directive”, after “pharmacy”, add “as amended by Directive 2001/19/EC ”.
5
After section 4A, insert —
Appeals by a national of an EEA State
4B
1
A national of an EEA State who is exercising an enforceable Community right, or a person of the description mentioned in section 4A(1A), whose appeal under section 2(2) or (2B) is dismissed by the Council may appeal to the relevant court.
2
In this section, the “relevant court” is —
a
a county court; or
b
in the case of a person whose address in the register, if he were registered, would be in Scotland, the sheriff in whose sheriffdom the address is situated.
3
On an appeal under subsection (1) above, the relevant court may —
a
dismiss the appeal;
b
allow the appeal and quash the decision appealed against; or
c
remit the case to the Council to dispose of the case in accordance with the court’s directions,
and may make such order as to costs (or, in Scotland, expenses) as it thinks fit.
.
6
In section 8 (control of registrations by Statutory Committee), in subsection (1B), in paragraph (a), for “a member State”, substitute “an EEA State”.
7
In section 24 (interpretation), in subsection (1) insert each of the following definitions at the appropriate place —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002;
;
“EEA State” means a Contracting Party to the EEA Agreement or Switzerland;
;
“national”, in relation to an EEA State, means the same as in the Community Treaties, but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;
;
“the Pharmacists Recognition Directive” means Council Directive 85/433/EEC concerning the mutual recognition of diplomas, certificates and other evidence of formal qualifications in pharmacy as amended by —
Council Directives 85/584/EEC and 90/658/EEC ;
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union signed at Corfu on 24th June 1994, as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union;
Directive 2001/19/EC ; and
the Swiss Agreement;
;
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;
;
8
For Schedule 1A (qualifying European diplomas), substitute the Schedule 1A set out in Schedule 3 to these Regulations.
DOCTORS — MEDICAL ACT
Amendment of the Medical Act
9
1
The Medical Act is amended in accordance with this regulation.
2
In section 3 (registration by virtue of primary United Kingdom or primary European qualifications), in subsection (3) —
a
in the definition of “the EEA Agreement”, after “1993”, add “and as amended, so far as relevant to this Act, by Decisions of the EEA Joint Committee Nos. 7/94 of 21st March 1994, 190/99 of 17th December 1999, 89/2000 of 27th October 2000 and 84/2002 of 25th June 2002”;
b
in the definition of “EEA State”, after “Agreement”, add “or Switzerland”.
3
In section 5 (general functions of the Education Committee in relation to medical education in the United Kingdom), in subsection (4), in the definition of “Directive 93/16/EEC ”, for paragraph (b), substitute —
b
as amended by —
i
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union signed at Corfu on 24th June 1994, as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union,
ii
Council Directive 97/50/EC , Commission Directive 98/21/EC , Commission Directive 98/63,/EC, Commission Directive 1999/46/EC and Directive 2001/19/EC , and
iii
the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;
.
4
In section 17 (primary qualifications obtained in other EEA States) —
a
in subsection (3)(b), for “article 3 of”, substitute “Annex A to”;
b
in subsection (6), omit “and” at the end of paragraph (d), and after paragraph (d) insert —
da
in the case of Switzerland, 1st June 2002; and
.
5
For Schedule 2 (primary European qualifications), substitute the Schedule 2 set out in Part I of Schedule 4 to these Regulations.
DOCTORS — SPECIALISTS
Amendment of the European Specialist Medical Qualifications Order 1995
10
1
The European Specialist Medical Qualifications Order 1995 is amended in accordance with this regulation.
2
In article 2 (interpretation) —
a
in the definition of “the Directive”, for paragraph (1)(b), substitute —
b
as amended by —
i
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union signed at Corfu on the 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union ,
ii
Council Directive 97/50/EC of 6th October 1997 , Commission Directive 98/21/EC of 8th April 1998 , Commission Directive 98/63/EC of 3rd September 1998 , Commission Directive 1999/46/EC of 21st May 1999 and Directive 2001/19/EC of 14th May 2001 , and
iii
the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.
;
b
in paragraph (2), in the definition of —
i
“EEA”, after “Area”, add “which shall be read as including Switzerland”,
ii
“EEA Agreement”, after “1993”, add “and as amended by Decisions of the EEA Joint Committee Nos. 7/94 of 21st March 1994 , 190/1999 of 17th December 1999 , 89/2000 of 27th October 2000 , and 84/2002 of 25th June 2002 ”,
iii
“EEA State”, after “Agreement”, add “or Switzerland”.
3
In article 3 (the competent authorities), in paragraph (4) —
a
in sub-paragraph (b)(ii), for “requirement to verify content and duration of foreign specialist training”, substitute “requirement to assess content and duration of training, to take account of professional experience etc.,”;
b
in sub-paragraph (c)(ii), for “training already undertaken abroad”, substitute “additional training already undertaken and professional experience etc. already acquired”; and
c
after sub-paragraph (c)(ii), insert —
iia
article 8(4) (requirement to give a decision within four months of receipt of an application together with full supporting documentation).
.
4
After article 8 (the specialist register), insert —
8A
1
In the case of an exempt person, the Registrar of the GMC shall, within the specified period, give the applicant notice —
a
of the decision on the application referred to in paragraph (3); and
b
where the decision is that the Registrar is not satisfied as mentioned in paragraph (3), of —
i
the reasons for the decision, and
ii
the applicant’s right to appeal under paragraph (6).
2
Failure to notify an applicant who is an exempt person of a decision within the specified period shall be treated as a decision from which the applicant may appeal under paragraph (6).
3
In paragraphs (1), (2) and (5), “the specified period” means —
a
the period of three months —
i
beginning with the date on which the Registrar of the GMC receives the application together with full supporting documentation, or
ii
if earlier, in a case mentioned in paragraph (4), beginning with the date on which the STA receives all the documents enabling it to determine whether the applicant is an eligible specialist; or
b
such longer period as is permitted by article 15 of the Directive.
4
Where an exempt person must satisfy the STA as to matters referred to in article 9(2) or (3) before the Registrar of the GMC is able to give a decision under article 8(3), the STA shall deal expeditiously with the matters before it to enable the GMC Registrar to give notice under paragraph (1) within the specified period.
5
In calculating the period of three months referred to in paragraph (3), the period —
a
beginning with the date on which the STA gives the applicant notice under article 9(5); and
b
ending with the date on which the Registrar of the GMC receives all the documents enabling him to be satisfied of the applicant’s entitlement to have his name included in the specialist register in accordance with article 8(3),
shall be disregarded.
6
If the Registrar of the GMC decides in respect of an exempt person that he is not satisfied as mentioned in article 8(3), the applicant may appeal against the decision to a Registration Appeals Panel and Schedule 3A to the Medical Act 1983 shall apply to such an appeal, with the necessary modifications, as if the appeal were an appeal under paragraph 4 of that Schedule.
7
In this Part, “exempt person” means a person who —
a
is a national of an EEA State who is exercising an enforceable Community right; or
b
is not a national of an EEA State, but is, by virtue of a right conferred by article 11 of Regulation (EEC) No. 1612/68 , or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State.
.
5
In article 9 (eligible specialists), for paragraph (4) substitute —
4
In the case of an exempt person, the STA shall, when considering whether it is satisfied as mentioned in paragraph (2) or (3), take account of —
a
all his medical qualifications, knowledge or experience, wherever acquired, which are relevant to its determination; and
b
where he has specialist qualifications awarded outside the EEA which have been accepted by another EEA State as qualifying him to practise as a specialist in that State, of that acceptance.
.
6
After article 9(4), add —
5
In the case of an exempt person who applies to the STA for a determination that he is an eligible specialist within paragraph (2) or (3), the STA shall give the applicant notice —
a
of the decision on the application; and
b
where it is not satisfied as mentioned in paragraph (2) or (3), of the reasons for the decision and the applicant’s right to appeal under article 13.
.
7
In article 10 (recognised specialist medical qualifications), in paragraph (1) —
a
for sub-paragraph (a), substitute —
a
a qualification listed in Annex B to the Directive (which sets out the titles of specialist qualifications in EEA States) granted in an EEA State other than the United Kingdom (these qualifications are set out in Schedule 4) in a specialty listed in Annex C to the Directive in which the United Kingdom is shown as awarding qualifications;
;
b
in sub-paragraph (c) —
i
for “article 5(3) of the Directive or in a specialty referred to in article 7(2) of”, substitute “Annex C to”,
ii
in head (ii), for “article 5(2), 5(3) or 7(2) of”, substitute “Annex B or Annex C to”, and
iii
in head (iii), for “article 5 or 7 of the Directive”, substitute “Annex B to the Directive in the appropriate specialty referred to in Annex C to the Directive”;
c
after paragraph (d), add —
e
subject to compliance with paragraph (2A), any qualification which is evidence of training which did not accord with the standards laid down by articles 24 to 27 of the Directive, undertaken in Spain and completed before 1st January 1995.
.
8
In article 10(2)(a), for “article 5 or 7 of the Directive”, substitute “Annex B to the Directive in a specialty listed in Annex C to the Directive”.
9
After article 10(2), insert —
2A
This paragraph is complied with where the holder of the qualification referred to in paragraph (1)(e) provides the GMC with —
a
evidence of the qualification; and
b
a certificate of the competent authorities in Spain certifying that he has passed the test of specific professional competence organised under the special regularisation measures contained in Royal Decree 1497/99 which demonstrates that he has a level of knowledge and competence comparable to that attested to by a qualification set out under the heading for Spain in Annex B to the Directive in the appropriate specialty referred to in Annex C to the Directive.
.
10
In article 10(3), omit “or” after paragraph (d), and after paragraph (d) insert —
da
1st June 2002, in the case of Switzerland; or
.
11
For Schedule 4 (specialist medical qualifications awarded in EEA States other than the United Kingdom), substitute the Schedule 4 set out in Part II of Schedule 4 to these Regulations.
DOCTORS — GENERAL MEDICAL PRACTICE
Amendments to the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998
11
1
The National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 are amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
for the definition of “Medical Directive”, substitute —
“Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications as adapted or amended by —
Annex VII to the EEA Agreement;
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on the 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union ;
Council Directive 97/50/EC of 6th October 1997 , Commission Directive 98/21/EC of 8th April 1998 , Commission Directive 98/63/EC of 3rd September 1998 , Commission Directive 1999/46/EC of 21st May 1999 , Directive 2001/19/EC of 14th May 2001 ; and
the Swiss Agreement;
.
b
insert the following definitions at the appropriate place —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by Decisions of the EEA Joint Committee Nos. 7/94 of 21st March 1994 , 190/1999 of 17th December 1999 , 89/2000 of 27th October 2000 and 84/2002 of 25th June 2002 ;
;
“EEA State” means a State which is a Contracting Party to the EEA Agreement or Switzerland;
;
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999 .
.
3
In regulation 5 (exemptions), in paragraph (2) omit the definitions of “EEA Agreement” and “EEA State”.
4
In regulation 6 (prescribed medical experience) —
a
for sub-paragraph (b) of paragraph (8), substitute —
b
in computing any period of training which began after 31st December 1994 there shall be disregarded any period of part-time employment during which the duties of the person employed, taken week by week, occupied less than the specified percentage of the time usually occupied by the duties of persons employed whole-time in similar employment;
;
b
after paragraph (8), insert —
8A
For the purposes of paragraph (8)(b), the specified percentage is —
i
for any training which takes place after 31st December 1994 but before 1st January 2003, 60 per cent, and
ii
for any training which takes place after 31st December 2002, 50 per cent.
.
5
In regulation 12 (certificate of equivalent experience), after paragraph (8), insert —
8A
In the case of an exempt person —
a
the Joint Committee shall issue the statement mentioned in paragraph (8) within three months beginning with the date on which they receive the application together with full supporting documentation; and
b
failure to issue such a statement within the period mentioned in sub-paragraph (a) shall be treated as a decision from which an applicant may appeal under regulation 13.
8B
In this regulation an “exempt person” means a person who —
a
is a national of an EEA State who is exercising an enforceable Community right; or
b
is not a national of an EEA State, but is, by virtue of a right conferred by article 11 of Regulation (EEC) No. 1612/68 , or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State.
.
Amendments to the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998
12
1
The Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 are amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
for the definition of “Medical Directive”, substitute —
“Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications as adapted or amended by —
Annex VII to the EEA Agreement;
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on the 24th June 1994, as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union;
Council Directive 97/50/EC of 6th October 1997, Commission Directive 98/21/EC of 8th April 1998, Commission Directive 98/63/EC of 3rd September 1998, Commission Directive 1996/46/EC of 21st May 1999, Directive 2001/19/EC of 14th May 2001; and
the Swiss Agreement;
.
b
insert the following definitions at the appropriate place —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by Decisions of the EEA Joint Committee Nos. 7/94 of 21st March 1994, 190/1999 of 17th December 1999, 89/2000 of 27th October 2000 and 84/2002 of 25th June 2002 ;
;
“EEA State” means a State which is a Contracting Party to the EEA Agreement or Switzerland;
;
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.
.
3
In regulation 5 (exemptions), in paragraph (2) omit the definitions of “EEA Agreement” and “EEA State”.
4
In regulation 6 (prescribed medical experience),
a
for sub-paragraph (b) of paragraph (8), substitute —
b
in computing any period of training which began after 31st December 1994 there shall be disregarded any period of part-time employment during which the duties of the person employed, taken week by week, occupied less than the specified percentage of the time usually occupied by the duties of persons employed whole-time in similar employment;
;
b
after paragraph (8), insert —
8A
For the purposes of paragraph (8)(b), the specified percentage is —
i
for any training which takes place after 31st December 1994 but before 1st January 2003, 60 per cent, and
ii
for any training which takes place after 31st December 2002, 50 per cent.
.
5
In regulation 12 (certificate of equivalent experience), after paragraph (8), insert —
8A
In the case of an exempt person —
a
the Joint Committee shall issue the statement mentioned in paragraph (8) within three months beginning with the date on which they receive the application together with full supporting documentation; and
b
failure to issue such a statement within the period mentioned in sub-paragraph (a) shall be treated as a decision from which an applicant may appeal under regulation 13.
8B
In this regulation an “exempt person” means a person who —
a
is a national of an EEA State who is exercising an enforceable Community right; or
b
is not a national of an EEA State, but is, by virtue of a right conferred by article 11 of Regulation (EEC) No. 1612/68 , or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State.
.
Amendments to the National Health Service (Vocational Training for General Medical Practice) Regulations 1997
13
1
The National Health Service (Vocational Training for General Medical Practice) Regulations 1997 are amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
for the definition of “Medical Directive”, substitute —
“Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications as adapted or amended by —
Annex VII to the EEA Agreement;
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on the 24th June 1994, as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union;
Council Directive 97/50/EC of 6th October 1997, Commission Directive 98/21/EC of 8th April 1998, Commission Directive 98/63/EC of 3rd September 1998, Commission Directive 1999/46/EC of 21st May 1999, Directive 2001/19/EC of 14th May 2001; and
the Swiss Agreement;
.
b
insert the following definitions at the appropriate place —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended by Decisions of the EEA Joint Committee Nos. 7/94 of 21st March 1994, 190/1999 of 17th December 1999, 89/2000 of 27th October 2000 and 84/2002 of 25th June 2002 ;
;
“EEA State” means a State which is a Contracting Party to the EEA Agreement or Switzerland;
;
“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999.
.
3
In regulation 5 (exemptions), in paragraph (2) omit the definitions of “EEA Agreement” and “EEA State”.
4
In regulation 6 (prescribed medical experience),
a
for sub-paragraph (b) of paragraph (8), substitute —
b
in computing any period of training which began after 31st December 1994 there shall be disregarded any period of part-time employment during which the duties of the person employed, taken week by week, occupied less than the specified percentage of the time usually occupied by the duties of persons employed whole-time in similar employment;
;
b
after paragraph (8), insert —
8A
For the purposes of paragraph (8)(b), the specified percentage is —
i
for any training which takes place after 31st December 1994 but before 1st January 2003, 60 per cent, and
ii
for any training which takes place after 31st December 2002, 50 per cent.
.
5
In regulation 12 (certificate of equivalent experience), after paragraph (8), insert —
8A
In the case of an exempt person —
a
the Joint Committee shall issue the statement mentioned in paragraph (8) within three months beginning with the date on which they receive the application together with full supporting documentation; and
b
failure to issue such a statement within the period mentioned in sub-paragraph (a) shall be treated as a decision from which an applicant may appeal under regulation 13.
8B
In this regulation an “exempt person” means a person who —
a
is a national of an EEA State who is exercising an enforceable Community right; or
b
is not a national of an EEA State, but is, by virtue of a right conferred by article 11 of Regulation (EEC) No. 1612/68 , or any other enforceable Community right, entitled to be treated, for the purposes of access to the medical profession, no less favourably than a national of such a State.
.
Vocational Training for General Medical Practice (European Requirements) Regulations 1994
14
1
The Vocational Training for General Medical Practice (European Requirements) Regulations 1994 are amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
in the definition of “EEA Agreement”, after “1993”, insert “and as amended by Decisions of the EEA Joint Committee Nos. 7/94 of 21st March 1994 , 90/1999 of 17th December 1999 , 89/2000 of 27th October 2000 and 84/2002 of 25th June 2002 ”;
b
for the definition of “EEA State”, substitute —
“EEA State” means a State which is a contracting party to the EEA Agreement or Switzerland,
;
c
for the definition of “Medical Directive”, substitute —
“Medical Directive” means Council Directive 93/16/EEC of 5th April 1993 to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other evidence of formal qualifications as adapted or amended by —
Annex VII to the EEA Agreement;
the Act annexed to the Treaty relating to the accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden signed at Corfu on the 24th June 1994 , as adjusted by the Decision of the Council of the European Union of 1st January 1995 adjusting the instruments concerning the accession of new Member States to the European Union ;
Council Directive 97/50/EC of 6th October 1997, Commission Directive 98/21/EC of 8th April 1998, Commission Directive 98/63/EC of 3rd September 1998, Commission Directive 1999/46/EC of 21st May 1999, Directive 2001/19/EC of 14th May 2001; and
the Swiss Agreement,
(certain provisions of the Medical Directive, as they had effect on the date these Regulations were made, are set out in the Schedule to these Regulations),
.
3
After regulation 3 (competent authority), insert —
Decisions on certificates issued by other EEA States
3A
1
This regulation applies where the General Medical Council is exercising the function referred to in regulation 3(2), except in cases where an application is made to the JCPTGP for a certificate of equivalent experience (to which the 1997 Regulations , the 1998 Regulations or the 1998 Northern Ireland Regulations , as the case may be, apply).
2
The General Medical Council shall, within three months of receiving an application for recognition of a vocational training certificate, or an acquired rights certificate, together with full supporting documentation, give the applicant notice —
a
of its decision on the application; and
b
if it decides to refuse recognition of such a certificate —
i
of the reasons for its decision, and
ii
of the applicant’s right to appeal under paragraph (4).
3
Failure to notify an applicant of a decision in accordance with paragraph (2) within the period specified in that paragraph, shall be treated as a decision from which an applicant may appeal under paragraph (4).
4
Where the General Medical Council makes a decision refusing to recognise an applicant’s vocational training certificate or acquired rights certificate, the applicant may appeal against the decision to a Registration Appeals Panel and Schedule 3A to the Medical Act 1983 shall apply to such an appeal with the necessary modifications as if the appeal were an appeal under paragraph 4 of that Schedule.
5
In this regulation —
a
“the 1997 Regulations” means the National Health Service (Vocational Training for General Medical Practice) Regulations 1997;
b
“the 1998 Regulations” means the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998; and
c
“the 1998 Northern Ireland Regulations” means the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998.
.
OSTEOPATHS
The General Osteopathic Council (Registration) Rules Order of Council 1998
15
1
The General Osteopathic Council (Registration) Rules Order of Council 1998 is amended in accordance with this regulation.
2
In the Schedule to the Order (the General Osteopathic Council (Registration) Rules 1998), in rule 3 (the form of the register), in paragraph (4), in the definition of —
a
“European Economic Area State”, after “Agreement”, add “or Switzerland ”;
b
“European Economic Area Agreement”, after “1993”, add “and as amended by Decisions of the EEA Joint Committee Nos. 25/94 of 2nd December 1994 , 6/98 of 30th January 1998 , 87/2000 of 27th October 2000 , and 84/2002 of 25th June 2002 ”.
The General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000
16
1
The General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 is amended in accordance with this regulation.
2
In the Schedule to the Order (the General Osteopathic Council (Application for Registration and Fees) Rules 2000), in rule 2 (interpretation), in paragraph (1), in the definition of —
a
“European Economic Area State”, after “Agreement”, add “or Switzerland”;
b
“European Economic Area Agreement”, after “1993”, add “and as amended by Decisions of the EEA Joint Committee Nos. 25/94 of 2nd December 1994, 6/98 of 30th January 1998, 87/2000 of 27th October 2000, and 84/2002 of 25th June 2002 ”.
CHIROPRACTORS
General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999
17
1
The General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999 is amended in accordance with this regulation.
2
In the Schedule to the Order (the General Chiropractic Council (Registration During Transitional Period) Rules 1999), in rule 9 (fees), for paragraph (3), substitute —
3
In this Rule —
a
“European Economic Area State” means a State which is a contracting party to the European Economic Area Agreement or Switzerland ;
b
“European Economic Area Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on the 17th March 1993 and as amended by Decisions of the EEA Joint Committee Nos. 25/94 of 2nd December 1994, 6/98 of 30th January 1998, 87/2000 of 27th October 2000, and 84/2002 of 25th June 2002 .
.
3
In the Schedule to the Rules (form of application for registration during transitional period), in section 11, for “or a state within the European Economic Area, in which case the fee is £100”, substitute “, a State within the European Economic Area or Switzerland, in which case the fee is £100. (The European Economic Area comprises the Member States of the European Union and Iceland, Norway and Liechtenstein)”.
The General Chiropractic Council (Registration) Rules Order of Council 1999
18
1
The General Chiropractic Council (Registration) Rules Order of Council 1999 is amended in accordance with this regulation.
2
In the Schedule to the Order (the General Chiropractic Council (Registration) Rules 1999) —
a
in Schedule 1 to the Rules (forms), in 9 of Form A (fees) and 9 of Form C (fees), for “or a State within the European Economic Area, in which case the fee is £100”, substitute “, a State within the European Economic Area or Switzerland, in which case the fee is £100. (The European Economic Area comprises the Member States of the European Union and Iceland, Norway and Liechtenstein)”;
b
in Schedule 2 to the Rules (fees), for paragraph 6, substitute —
6
In this Schedule —
a
“European Economic Area State” means a State which is a contracting party to the European Economic Area Agreement or Switzerland ;
b
“European Economic Area Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on the 17th March 1993 and as amended by Decisions of the EEA Joint Committee Nos. 25/94 of 2nd December 1994, 6/98 of 30th January 1998, 87/2000 of 27th October 2000, and 84/2002 of 25th June 2002
.
General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002
19
1
The General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002 is amended in accordance with this regulation.
2
In the Schedule to the Order (General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules), in rule 9 (application and interpretation of Part III), in paragraph (2), in the definition of “EEA State”, after “1993”, add “and as amended by Decisions of the EEA Joint Committee Nos. 25/94 of 2nd December 1994, 6/98 of 30th January 1998, 87/2000 of 27th October 2000, and 84/2002 of 25th June 2002 ”.
HEALTH PROFESSIONS
Health Professions Order
20
1
The Health Professions Order is amended in accordance with this regulation.
2
In Schedule 3 (interpretation) —
a
for the definition of “EEA Agreement”, substitute —
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993 and as amended by Decisions of the EEA Joint Committee Nos. 25/94 of 2 December 1994, 22/97 of 30 April 1997, 6/98 of 30 January 1998, 87/2000 of 27 October 2000 and 84/2002 of 25 June 2002 ;
;
b
in the definition of —
i
“EEA State”, after “Agreement”, add “or Switzerland”,
ii
“national”, after “Treaties”, add “but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services”.
Signed by authority of one of Her Majesty’s Principal Secretaries of State
John Hutton
Minister of State,
Department of Health
4th December 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Objects of Cultural Interest (Control) Order 2003 and shall come into force on 1st May 2004.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Export Control Act 2002;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“Community Licence” means an authorisation granted by the Secretary of State (whether before or after commencement of this Order) under the Regulation ;
“cultural goods” shall have the same meaning as that given in the Regulation;
“exportation” includes shipment as stores and, unless the context otherwise requires, means exportation from the United Kingdom to any destination except for the Isle of Man;
“objects” mean objects of cultural interest of a description specified in and not excluded from the Schedule to this Order;
“prescribed sum” has the same meaning as in the Customs and Excise Management Act 1979 ; and
“the Regulation” means Council Regulation ( EEC ) No 3911/92 of 9 December 1992 on the export of cultural goods .
Controls on the export of objects of cultural interest
2
Subject to the provisions of this Order, all objects are prohibited to be exported to any destination except under the authority of a licence in writing granted by the Secretary of State, and in accordance with all the conditions attached to the licence.
Licences
3
1
A Community Licence or licence granted by the Secretary of State under article 2 may be:
a
general or specific;
b
unlimited or limited so as to expire on a specified date unless renewed; and
c
subject to or without conditions, and any such condition may require any act or omission before or after the exportation of objects under the licence.
2
Any such licence may be varied, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as the Secretary of State thinks fit, by serving a notice to that effect on the holder of the licence.
Misleading applications for licences etc.
4
1
Where for the purpose of obtaining a licence under article 2 or a Community Licence, any person either —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable —
a
on summary conviction to a fine of the prescribed sum, and
b
on conviction on indictment to a fine of any amount, or imprisonment for a term not exceeding 2 years, or to both,
and any licence which may have been granted in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.
Failure to comply with licence conditions
5
1
Subject to the provisions of paragraph (2 ) below, any person who —
a
has done any act under the authority of a licence granted under article 2 or a Community Licence; and
b
fails to comply with any condition attaching to that licence,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine of the prescribed sum, and
b
on conviction on indictment to a fine of any amount, or imprisonment for a term not exceeding 2 years, or to both.
3
No person shall be guilty of an offence under paragraph (1) where —
a
the licence condition in question had been previously modified by the Secretary of State; and
b
the alleged failure to comply would not have been a failure had the licence not been so modified; and
c
the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State after the doing of the act authorised by the licence.
Customs powers to demand evidence of destination
6
1
Any person who exports or ships objects or cultural goods, shall, if so required by the Commissioners, furnish within such time as the Commissioners may determine, evidence of the destination to which the objects or cultural goods were delivered and, if he fails to do so, he shall be guilty of an offence
2
Any person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Application of the Customs and Excise Management Act 1979
7
1
It shall be the duty of the Commissioners to take such action as they consider appropriate to secure the enforcement of this Order.
2
It shall be the duty of the Commissioners to take such action as they consider appropriate to secure the enforcement of the Regulation in respect of the export of cultural goods.
Use and disclosure of information
8
1
This article applies to information which is held by —
a
the Secretary of State, or
b
the Commissioners,
in connection with the operation of controls imposed by this Order or by any directly applicable Community provision on the exportation of cultural goods.
2
Information to which this article applies may be used for the purposes of, or for any purposes connected with —
a
the exercise of functions in relation to any control imposed by this Order or by any order made under the Act ;
b
giving effect to any European Community or other international obligation of the United Kingdom;
c
facilitating the exercise by an authority or international organisation outside the United Kingdom of functions which correspond to functions conferred by or in connection with any activity subject to any control by this Order or by any order made under the Act,
and may be disclosed to any person for use for these purposes.
3
No disclosure of information shall be made by virtue of this article unless the Secretary of State is, or the Commissioners are, satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.
4
For the purposes of this article “information” is any information that relates to a particular business or other activity carried on by a person.
5
Nothing in this article shall be taken to prejudice any power to disclose information which exists apart from this article.
6
The information that may be disclosed by virtue of this article includes information obtained before the commencement of this Order.
Tessa Jowell
Secretary of State for Culture, Media and Sport,
Department of Culture, Media and Sport
17th November 2003


text:
1
This Order may be cited as the (Proceeds of Crime Act 2002 (Investigations in England, Wales and Northern Ireland; Code of Practice) Order 2003 and shall come into force on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.
2
The code of practice entitled “Code of Practice issued under section 377 of the Proceeds of Crime Act 2002” laid before Parliament on 16th January 2003 shall come into operation on 24th February 2003 or, if this Order has not been made by 23rd February 2003, on the day after the day on which this Order is made.
Filkin
Parliamentary Under-Secretary of State
Home Office
20th February 2003


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of Schedule 1 to the Ecclesiastical Judges, Legal Officers and Other (Fees) Order 2002 . The Tables of the Schedule to the Order contain particulars of the fees which are to be received, after the commencement of this Article: —
a
by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and
b
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
2
The Ecclesiastical Judges, Legal Officers and Other (Fees) Order 2002 is hereby revoked.
3
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2003.
2
This Order shall come into operation on the first day of January 2004.
Dated this third day of June 2003
J Laws
G F Tattersall
H M Morgan
M G S Farrell
A Whittam Smith
T E Allen
D M Williams
Clerk to the Synod, Approved by the General Synod
the 11th day of July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Hampshire Borders National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Surrey Hampshire Borders National Health Service Trust ;
“the new Trust” means the Guildford and Waverley Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 13th November 2002.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 2003 and shall come into force on 7 th March 2003.
2
The Centre for Literacy in Primary Education, a charitable company limited by guarantee having the registration number 1092698 and Royal Academy of Dance, a registered charity having the number 312826 are hereby designated as bodies eligible for funding under Part 1 of the Education Act 1994.
David Miliband
Minister of State
Department for Education and Skills
10th February 2003


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Representation of the People (Form of Canvass) (England and Wales) Regulations 2003 and shall come into force on the expiry of 14 days beginning with the day on which they are made.
2
In these Regulations, “the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 .
3
These Regulations do not extend to Scotland or Northern Ireland.
Revocation
2
Regulation 4 of and Schedule 1 to the Representation of the People (England and Wales) (Amendment) Regulations 2002 are hereby revoked.
Prescribed forms
3
The form set out in Part I of the Schedule to these Regulations is hereby prescribed for use for the purposes of the canvass which is required to be conducted by section 10 of the Representation of the People Act 1983.
Amendment of provision about applications
4
In regulation 26(6) of the 2001 Regulations (applications for registration) for “the Representation of the People (England and Wales) (Amendment) Regulations 2002” substitute “the Representation of the People (Form of Canvass) (England and Wales) Regulations 2003”.
Signed by authority of the Lord Chancellor
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
16th July 2003


text:
Citation and commencement
1
1
This Order may be cited as the District of Bromsgrove (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Bromsgrove;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Bromsgrove (Electoral Changes) Order 2003”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Bromsgrove District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Bromsgrove
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Belbroughton
4
1
The existing wards of the parish of Belbroughton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of a district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Catshill and North Marlbrook
5
1
The parish of Catshill and North Marlbrook shall be divided into three parish wards which shall bear the names Barley Mow, Catshill Village and Marlbrook; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Catshill Village parish ward shall be eight, for the Barley Mow parish ward shall be three and for the Marlbrook parish ward shall be two.
Wards of the parish of Lickey and Blackwell
6
1
The parish of Lickey and Blackwell shall be divided into four parish wards which shall bear the names Lickey Grange, Lickey Monument, Linthurst and Shepley; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Linthurst parish ward shall be four, for the Lickey Monument parish ward shall be three and for each of the Lickey Grange and Shepley parish wards shall be two.
Wards of the parish of Lickey End
7
The parish of Lickey End shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Stoke Prior
8
1
The existing wards of the parish of Stoke Prior shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Wythall
9
The parish of Wythall shall be divided into three parish wards which shall bear the names Drakes Cross and Walkers Heath, Hollywood and Majors Green, and Wythall South; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each of the Drakes Cross and Walkers Heath, and Hollywood and Majors Green parish wards shall be six, and for the Wythall South parish ward shall be three.
Maps
10
Bromsgrove District Council shall make a print of the map marked “Map referred to in the District of Bromsgrove (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
11
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
12
The District of Bromsgrove (Electoral Arrangements) Order 1977 , save for article 8, and the District of Bromsgrove (Electoral Arrangements) Order 1995 are revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
9th January 2003
Glyn Mathias
Commissioner
9th January 2003
Neil McIntosh
Commissioner
9th January 2003
Karamjit Singh
Commissioner
9th January 2003
Sam Younger
Commissioner
13th January 2003
Graham Zellick
Commissioner
27th January 2003


text:
1
This Scheme may be cited as the M1 Motorway London to Yorkshire (Widening 6A to 10 Connecting Roads) Scheme 2004 and shall come into force on 8 January 2004.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway:
2
i
“connecting road” means a special road along a route described in Schedules 1, 2 and 3 to this Scheme;
ii
“the plan” means the plan folio, containing 3 site plans bound together and respectively numbered 1 to 3, numbered, marked “The M1 Motorway London to Yorkshire (Widening 6A to 10 Connecting Roads) Scheme 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iii
“the special roads” means the Motorway and each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
David Ward
Divisional Director, Highways Agency
12th December 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 2003.
2
These Regulations shall come into force —
a
for the purposes of regulation 5, on 30th March 2003; and
b
for all other purposes —
i
in relation to any case where rent is payable at intervals of a whole number of weeks, on 7th April 2003; and
ii
in relation to any other case, on 1st April 2003.
3
In these Regulations “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulations 12 and 12A of the Housing Benefit Regulations
2
1
In regulation 12(1) of the Housing Benefit Regulations (restriction on rent increases) as saved by regulation 4(3) of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 for “may” where it first appears there shall be substituted “shall”.
2
In regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) —
a
in paragraph (1A)(b), for “1(d)” there shall be substituted “1(a)(iv) and (c)”;
b
paragraph (1A)(c) shall be omitted; and
c
in paragraph (7A) , for “specified in paragraph (1ZA)” there shall be substituted “to which paragraph (1A)(b) applies”.
Amendment of Schedule 1 to the Housing Benefit Regulations
3
1
Schedule 1 to the Housing Benefit Regulations (ineligible service charges) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 1 —
a
in sub-paragraph (a)(iv), for the words from “(other than” to “them himself;” there shall be substituted
except cleaning of —
aa
communal areas; or
bb
the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,
where a qualifying payment is not made in respect of such cleaning;
;
b
in sub-paragraph (c), the words from “, except where such a system” to the end of the sub-paragraph shall be omitted; and
c
in sub-paragraph (f) , the words from “, except where those services” to the end of the sub-paragraph shall be omitted.
3
In paragraph 7 —
a
after the definition of “fuel” there shall be inserted —
“qualifying payment” means any payment made by a local authority to the claimant or his partner, or to another person on their behalf, relating to —
welfare services in respect of which the Secretary of State has paid a grant to the local authority under section 93(1) of the Local Government Act 2000 (grants for welfare services);
welfare services in respect of which the National Assembly for Wales has paid a grant to the local authority under section 93(2) of the Local Government Act 2000; or
housing support services in respect of which Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001 (grants for housing support services);
and for these purposes, “local authority” shall include, in relation to England, a county council.
; and
b
the definition of “supported accommodation” is omitted.
Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995
4
In regulation 10(6) of the Housing Benefit (General) Amendment Regulations 1995 (saving provision), in the definition of “exempt accommodation”, in head (ii) for the words from “where care” to “that accommodation” there shall be substituted “where that body or a person acting on its behalf also provides the claimant with care, support or supervision”.
Amendment of regulation 13 of the Housing Benefit (General) Amendment (No.3) Regulations 1999
5
In regulation 13 of the Housing Benefit (General) Amendment (No.3) Regulations 1999 (cessation in operation of these Regulations) —
a
for “These Regulations” there shall be substituted “Regulations 1 to 12 of these Regulations”;
b
in paragraph (a), for “6th April 2003” there shall be substituted “7th April 2003”; and
c
in paragraph (b), for “31st March 2003” there shall be substituted “1st April 2003”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd February 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Amendments Relating to Prescribing by Nurses and Pharmacists etc.) (England) Regulations 2003 and shall come into force on 4th April 2003.
2
These Regulations apply to England only.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
2
1
The National Health Service (Pharmaceutical Services) Regulations 1992 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
insert each of the following definitions at the appropriate alphabetical place —
“independent nurse prescriber” means —
a person whose name is registered —
in Part 1 or 12 of the nurses and midwives' professional register and has a district nurse qualification additionally recorded in the nurses and midwives' professional register pursuant to rule 11 of the Nurses, Midwives and Health Visitors Rules 1983 , or
in Part 11 of the nurses and midwives' professional register as a health visitor,
and against whose name is recorded in the nurses and midwives' professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff; or
a person —
whose name is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses and midwives' professional register, and
against whose name is recorded in the nurses and midwives' professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff;
;
“nurses and midwives' professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ;
; and
“supplementary prescriber” means a person whose name is registered in —
Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses and midwives' professional register;
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 ; or
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ,
and against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
;
b
in the definition of “prescription form”, for “dentist or nurse prescriber” substitute “dentist, supplementary prescriber or independent nurse prescriber”; and
c
the definition of “nurse prescriber” is omitted.
3
In Schedule 2 (terms of service) —
a
in paragraph 3 —
i
in sub-paragraph (1)(a) and (b), after “doctor”, at both places where it occurs, insert “or a supplementary prescriber”,
ii
in sub-paragraph (1)(d) and (e), for “a nurse prescriber” at both places where it occurs, substitute “an independent nurse prescriber”,
iii
in sub-paragraph (4), for “dentist or a nurse prescriber” substitute “ dentist, a supplementary prescriber or an independent nurse prescriber”,
iv
in sub-paragraphs (6) and (7), for “dentist or nurse prescriber” substitute “dentist, supplementary prescriber or independent nurse prescriber ”, and
v
in sub-paragraph (9), for “doctor or nurse prescriber”, at both places where it occurs, substitute “doctor, supplementary prescriber or independent nurse prescriber”;
b
in paragraph 7(2), for “Regulations or by a nurse prescriber” substitute “ Regulations, or by a supplementary prescriber or an independent nurse prescriber, ”; and
c
in paragraphs 11A and 11B, before “a nurse prescriber” at each place where it occurs, insert “an independent prescriber”.
Amendment of the National Health Service (General Medical Services) Regulations 1992
3
1
The National Health Service (General Medical Services) Regulations 1992 are amended as follows.
2
In regulation 2(1) (interpretation) the definition of “nurse prescriber ” is omitted.
3
In Schedule 2 (terms of service) —
a
in paragraph 1, insert each of the following definitions at the appropriate alphabetical place —
“independent nurse prescriber” means —
a person whose name is registered —
in Part 1 or 12 of the professional register and has a district nurse qualification additionally recorded in the professional register pursuant to rule 11 of the Nurses, Midwives and Health Visitors Rules 1983, or
in Part 11 of the professional register as a health visitor,
and against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff; or
a person —
whose name is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register, and
against whose name is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff;
;
“licensing authority” shall be construed in accordance with section 6(3) of the Medicines Act 1968 ;
;
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ;
;
“prescription only medicine” means a medicine referred to in article 3 of the POM Order (medicinal products on prescription only);
; and
“supplementary prescriber” means a person whose name is registered in —
Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register;
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954; or
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,
and against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
;
b
in paragraph 28A(1) and (2), for “a nurse prescriber”, at each place where it occurs, substitute “a nurse who is a supplementary prescriber or an independent nurse prescriber”; and
c
after paragraph 28A, insert the following paragraph —
28B
1
Where a doctor employs a supplementary prescriber and that person’s functions include prescribing, the doctor shall have arrangements in place to secure that that person will only —
a
give a prescription for a prescription only medicine;
b
administer a prescription only medicine for parenteral administration; or
c
give directions for the administration of a prescription only medicine for parenteral administration,
as a supplementary prescriber under the conditions set out in sub-paragraph (2).
2
The conditions referred to in sub-paragraph (1) are that —
a
the person satisfies the applicable conditions set out in article 3B(3) of the POM Order (prescribing and administration by supplementary prescribers), unless those conditions do not apply by virtue of any of the exemptions set out in the subsequent provisions of that Order;
b
the medicine is not a controlled drug within the meaning of the Misuse of Drugs Act 1971 ;
c
the medicine is not specified in Schedule 10 to the Medical Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services);
d
the medicine is not specified in an entry in column 1 of Schedule 11 to the Medical Regulations (drugs to be prescribed under pharmaceutical services only in certain circumstances), unless —
i
the patient is a person of a description mentioned in column 2 of that entry,
ii
the medicine is prescribed for that patient only for the purposes specified in column 3 of that entry, and
iii
if he is giving a prescription, he endorses the face of the form with the reference “SLS”.
3
Where a doctor employs a supplementary prescriber and that person’s functions include prescribing, the doctor shall have arrangements in place to secure that that person will only give a prescription for —
a
an appliance; or
b
a medicine which is not a prescription only medicine,
as a supplementary prescriber under the conditions set out in sub-paragraph (4).
4
The conditions referred to in sub-paragraph (3) are that —
a
he acts in accordance with a clinical management plan (which may be amended from time to time) which is in effect at the time he acts, which has been agreed by the patient to whom the plan relates, the doctor or dentist who is a party to the plan and any supplementary prescriber who is to prescribe, give directions for administration or administer under the plan, and which contains the following particulars —
i
the name of the patient to whom the plan relates,
ii
the illness or conditions which may be treated by the supplementary prescriber,
iii
the date on which the plan is to take effect, and when it is to be reviewed by the doctor or dentist who is a party to the plan,
iv
reference to the class or description of medicines or types of appliances which may be prescribed or administered under the plan,
v
any restrictions or limitations as to the strength or dose of any medicine which may be prescribed or administered under the plan, and any period of administration or use of any medicine or appliance which may be prescribed or administered under the plan,
vi
relevant warnings about known sensitivities of the patient to, or known difficulties of the patient with, particular medicines or appliances,
vii
the arrangements for notification of —
aa
suspected or known adverse reactions to any medicine which may be prescribed or administered under the plan, and suspected or known adverse reactions to any other medicine taken at the same time as any medicine prescribed or administered under the plan,
bb
incidents occurring with the appliance which might lead, might have led or has led to the death or serious deterioration of state of health of the patient, and
viii
the circumstances in which the supplementary prescriber should refer to, or seek the advice of, the doctor or dentist who is a party to the plan;
b
he has access to the health records of the patient to whom the plan relates which are used by any doctor or dentist who is a party to the plan;
c
if it is a prescription for a medicine, the medicine is not a controlled drug within the meaning of the Misuse of Drugs Act 1971;
d
if it is a prescription for a medicine, the medicine is not specified in Schedule 10 to the Medical Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services);
e
if it is a prescription for a medicine, the medicine is not specified in an entry in column 1 of Schedule 11 to the Medical Regulations (drugs to be prescribed under pharmaceutical services only in certain circumstances), unless —
i
the patient is a person of a description mentioned in column 2 of that entry,
ii
the medicine is prescribed for that patient only for the purposes specified in column 3 of that entry, and
iii
when giving the prescription, he endorses the face of the form with the reference “SLS”;
f
if it is a prescription for a medicine —
i
the medicine is the subject of a product licence, a marketing authorization or a homeopathic certificate of registration granted by the licensing authority or the European Commission, or
ii
the use of the medicine is for the purposes of a clinical trial, and —
aa
that trial is the subject of a clinical trial certificate issued in accordance with the Medicines Act 1968, or
bb
a clinical trial certificate is not needed in respect of that trial by virtue of any exemption conferred by or under that Act;
g
if it is a prescription for an appliance, the appliance is listed in Part IX of the Drug Tariff; and
h
if it is a prescription for a restricted availability appliance —
i
the patient is a person of a description mentioned in the entry in Part IX of the Drug Tariff in respect of that appliance,
ii
the appliance is prescribed only for the purposes specified in respect of that person in that entry, and
iii
when giving the prescription, he endorses the face of the form with the reference “SLS”.
.
4
In Schedule 11 (drugs to be prescribed under pharmaceutical services only in certain circumstances), after “Tadalafil (Cialis)” in columns 1 and 2, insert in each of those columns “, Vardenafil (Levitra)”.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 2000
4
1
The National Health Service (Charges for Drugs and Appliances) Regulations 2000 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
insert each of the following definitions at the appropriate alphabetical place —
“Drug Tariff” means the statement compiled, published and amended from time to time by the Secretary of State pursuant to regulation 18 of the National Health Service (Pharmaceutical Services) Regulations 1992 (standards of, and payments for, drugs and appliances);
;
“independent nurse prescriber” means —
a person whose name is registered —
in Part 1 or 12 of the nurses and midwives' professional register and has a district nurse qualification additionally recorded in the nurses and midwives' professional register pursuant to rule 11 of the Nurses, Midwives and Health Visitors Rules 1983, or
in Part 11 of the nurses and midwives' professional register as a health visitor,
and against whose name is recorded in the nurses and midwives' professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff; or
a person —
whose name is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses and midwives' professional register, and
against whose name is recorded in the nurses and midwives' professional register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff;
;
“nurses and midwives' professional registers” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001;
; and
“supplementary prescriber” means a person whose name is registered in —
Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the nurses and midwives' professional register;
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954; or
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,
and against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
;
b
in the definition of “prescription form”, for “dentist or nurse prescriber” substitute “dentist, supplementary prescriber or independent nurse prescriber”; and
c
the definition of “nurse prescriber” is omitted.
3
In regulation 6(1) (supply of drugs and appliances at Walk-in-Centres), for “doctor or nurse prescriber” substitute “doctor, supplementary prescriber or independent nurse prescriber”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th March 2003


text:
This Order may be cited as the Health Professions Council (Registration and Fees) Rules Order of Council 2003 and shall come into force on 9th July 2003.
A. K. Galloway
Clerk of the Privy Council