TRANSPOSITION TABLE FOR DIRECTIVE 2001/19/EC
NURSES
SLIM Directive |
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Implementing regulations |
Article 3(2), (3) and (4) and 4 |
These provisions all concern the moving of the list of qualifications from Article 3 of Directive 77/452 to the Schedule to that Directive.
The European Nursing and Midwifery Qualifications Designation Order 1996 S.I.1996/3102 is amended to change the references to Directive 77/452 and to insert a new list of qualifications taken from Directive 2001/19, Decision of the EEA Joint Committee 84/2002 and the Agreement with Switzerland. |
Regulation 5 |
Article 3(6) |
18a - It is unnecessary to implement this in legislation. It requires Member States to notify the Commission of laws etc. adopted in respect of the award of qualifications in the field covered by the Directive and provides for the Commission to publish a notice accordingly in the Official Journal. |
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18b – Directive 77/452 already contains an almost identical provision which has been implemented in S.I.1996/3102, Article 6. It is unnecessary to amend that Article. |
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18c – This in part reflects the judgment in Haim [1994] ECR 1-425. It is unnecessary to implement this as the Nurses, Midwives and Health Visitors Rules Approval Order 1983 S.I.1983/873, rule 8 already requires the regulatory body to do this. Article 13 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) also covers this. |
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Time within which a decision shall be made - Section 8(7) of the Nurses, Midwives and Health Visitors Act 1997 provides for an application to be dealt with within 3 months. That provision relates to an EEA national with an EEA qualification. Under transitional provisions in the Nursing and Midwifery Order which replaces the 1997 Act but is not yet fully in force, the Nursing and Midwifery Council exercises functions under the Act. The Regulations provide for the Nursing and Midwifery Council to act as if rule 8 of the Nurses, Midwives and Health Visitors Rules 1983 (Schedule to S.I. 1983/873) provided for an application by an EEA national with a third country qualification to be dealt with within three months. The Nursing and Midwifery Order 2001 provides in article 9 for a decision to be given within 3 months in all cases. |
Regulation 3(2) |
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18d – The Regulations provide for the Nursing and Midwifery Council to act as if rules 7 and 8 of the Nurses, Midwives and Health Visitors Rules 1983 (Schedule to S.I. 1983/873) required reasons to be given for decisions on registration. An application for judicial review may be made to the courts in respect of a decision refusing registration.
Articles 9 and 37 of the Nursing and Midwifery Order 2001 provide for reasons to be given and for an appeal to the Council and from there to the county court or, in Scotland, the sheriff.
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Regulation 3(2) |
DENTISTS
SLIM Directive |
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Implementing regulations |
Article 5(1), (2), (3), (4), (5), (8) and (10) |
These relate to the move of the diplomas from Articles 3 and 5. The Regulations replace Schedule 2 to the Dentists Act with Annex II, “Annex A” from Directive 2001/19 and the qualifications listed in Decision 84/2002 of the EEA Joint Committee and the Swiss Agreement.
The Regulations amend regulation 10 of and Schedule 2 to S.I.1998/811 and replace Schedule 1 with Annex II, “Annex B” (specialist dental qualifications) from Directive 2001/19 and the qualifications listed in Decision 84/2002 of the EEA Joint Committee and the Swiss Agreement. |
Regulations 6(7) and 7(6), (9) and (10) |
Article 5(6) |
Amendment to Article 6 of Directive 78/686 implemented by amendment of the European Primary and Specialist Dental Qualifications Regulations 1998 S.I.1998/811, regulation 4(2) |
Regulation 7(4) |
Article 5(7) |
Transitional provision in respect of Italy. This is implemented by the insertion of section 6A into the Dentists Act. |
Regulation 6(6)(c) |
Article 5(9) |
Article 23a – It is unnecessary to implement this in legislation. It requires Member States to notify the Commission of laws etc. adopted in respect of the award of qualifications in the field covered by the Directive and provides for the Commission to publish a notice accordingly in the Official Journal. |
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Article 23b – This is already provided for in paragraph 3 of Schedule 2 to the Dentists Act and regulation 10 of S.I.1998/811 and it is unnecessary to implement it. |
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Article 23c – Assessment of third country qualifications and experience. This is already provided for in respect of primary qualifications in section 16(2A) and section 17(3A). There are minor amendments to those provisions to reflect recent caselaw. [The judgment in Hocsman and Commission v Spain require more than does article 23c.] The European Primary and Specialist Dental Qualifications Regulations 1998 have been amended in respect of specialist qualifications.
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Regulation 6(3), (4) and (5) and 7(5) which replaces regulation 9(3) in S.I.1998/811 with a new paragraph and adds paragraph (5).
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Section 21A of the Dentists Act provides for a decision to be given within three months in cases of EEA nationals with EEA qualifications and is extended by these Regulations to EEA nationals with non-EEA qualifications. Regulation 9 of the European Primary and Specialist Dental Qualifications Regulations 1998 is also amended. |
Regulations 6(5) and 7(5)(b) |
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Article 23d – The Dentists Act provides for reasons to be given for a decision and decisions may be judicially reviewed by the courts. There is already an appeal procedure provided for in article 14 of the European Primary and Specialist Dental Qualifications Regulations 1998 and this has been extended by regulation 7(5) to apply to cases where a decision is not given within the specified period. |
Regulation 7(5)(b) |
MIDWIVES
SLIM Directive |
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Implementing regulations |
Article 9(1), (2), (3) (4) and (6)
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These provisions all concern the moving of the list of qualifications from Article 3 of Directive 80/154 to the Schedule to that Directive.
The European Nursing and Midwifery Qualifications Designation Order 1996 S.I.1996/3102 is amended to change the references to Directive 80/154 and to insert a new list of qualifications taken from Directive 2001/19, Decision of the EEA Joint Committee 84/2002 and the Agreement with Switzerland. |
Regulation 5 |
Article 9(5) |
19a – It is unnecessary to implement this in legislation. It requires Member States to notify the Commission of laws etc. adopted in respect of the award of qualifications in the field covered by the Directive and provides for the Commission to publish a notice accordingly in the Official Journal. |
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19b – Directive 80/154 already contains an almost identical provision which has been implemented in S.I.1996/3102, Article 6. It is unnecessary to amend that Article. |
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19c – This in part reflects the judgment in Haim [1994] ECR 1-425. It is unnecessary to implement this as the Nurses, Midwives and Health Visitors Rules Approval Order 1983 S.I.1983/873, rule 8 already requires the regulatory body to do this. Article 13 of the Nursing and Midwifery Order 2001 also covers this. |
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Time within which a decision shall be made - Section 8(7) of the Nurses, Midwives and Health Visitors Act 1997 provides for an application to be dealt with within 3 months. That provision relates to an EEA national with an EEA qualification. Under transitional provisions in the Nursing and Midwifery Order which replaces the 1997 Act but is not yet fully in force, the Nursing and Midwifery Council exercises functions under the Act. The Regulations provide for the Nursing and Midwifery Council to act as if rule 8 of the Nurses, Midwives and Health Visitors Rules 1983 (Schedule to S.I. 1983/873) provided for an application by an EEA national with a third country qualification to be dealt with within three months. The Nursing and Midwifery Order 2001 provides in article 9 for a decision to be given within 3 months in all cases. |
Regulation 3(2) |
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19d – The Regulations provide for the Nursing and Midwifery Council to act as if rules 7 and 8 of the Nurses, Midwives and Health Visitors Rules 1983 (Schedule to S.I. 1983/873) required reasons to be given for decisions on registration. An application for judicial review may be made to the courts in respect of a decision refusing registration.
Articles 9 and 37 of the Nursing and Midwifery Order 2001 provide for reasons to be given and for an appeal to the Council and from there to the county court or, in Scotland, the sheriff.
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Regulation 3(2) |
PHARMACISTS
SLIM Directive |
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Implementing regulations |
Article 12 |
Transitional provision in respect of Italy. The Pharmacy Act 1954 is amended by the insertion of section 4A(3C) and a slight amendment of section 4A(3). |
Regulation 8(4) |
Article 13(1), (3), (4) and (6) |
This relates to the transfer of the list of qualifications from Article 4 of Directive 85/433 to the Annex to that Directive. The regulations replace the existing Schedule 1A to the Pharmacy Act with the qualifications in Annex V to Directive 2001/19 and the qualifications referred to in Decision 84/2002 of the EEA Joint Committee and the Swiss Agreement. |
Regulation 8(8) |
Article 13(2) |
This removes the derogation for Greece and section 4A(5) and the relevant definition are being deleted from the Pharmacy Act. |
Regulation 8(4)(g) and (h) |
Article 13(5) |
Article 18a – It is unnecessary to implement this in legislation. It requires Member States to notify the Commission of laws etc. adopted in respect of the award of qualifications in the field covered by the Directive and provides for the Commission to publish a notice accordingly in the Official Journal. |
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Article 18b – Recognition of qualifications which satisfy training requirements but do not correspond to the names listed in the Directive – the Pharmacy Act is being amended to include section 4A(2)(d) and (3B). |
Regulation 8(4)(c) and (e) |
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Article 18c – Consideration of third country qualifications – the Pharmacy Act is being amended to include section 4(4) and (5).
Decision within 3 months – The Pharmacy Act is being amended by the addition of section 2(2A), (2B) and (2C). |
Regulation 8(3)
Regulation 8(2) |
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Article 18d – There is already provision in the Pharmacy Act in section 2 for an appeal from a decision on an application for registration. In order to reflect provisions in legislation on other health professions an appeal to the county court for EEA nationals is being provided in the new section 4B. |
Regulation 8(5)
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DOCTORS
SLIM Directive |
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Implementing regulations |
Article 14(1), (2), (3), (4), (5), (6), (16) and (19)
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These relate to the moving of lists of qualifications from the body of Directive 93/16 to an Annex to the Directive.
Section 17 of the Medical Act is amended by a change to the references to articles of Directive 93/16. Schedule 2 to the Act is replaced by qualifications listed in Annex VI, “Annex A” to Directive 2001/19 and qualifications in the Decision 84/2002 of the EEA Joint Committee and the Swiss Agreement.
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Regulation 9(4) and (5) |
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Amendments are made to the references in the European Specialist Medical Qualifications Order 1995 and Schedule 4 to the Order is replaced by the appropriate Annex to Directive 2001/19 and by qualifications listed in Decision 84/2002 of the EEA Joint Committee and the Swiss Agreement |
Regulation 10(7), (8), (11) and (12) |
Article 14(7) |
This amends Article 8 of Directive 93/16 in respect of specialist qualifications and adds a requirement that a decision under Article 8 of the Directive be given within 4 months. S.I.1995/3208 is amended accordingly. |
Regulation 10(3)
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Article 14(8) |
Transitional provision in respect of specialist qualifications awarded in Spain. Article 10 of S.I.1995/3208 is amended by the addition of Article 10(2A). |
Regulation 10(7)(c) and (9) |
Article 14(9) |
It is unnecessary to implement this as arrangements already exist for continuing training. New arrangements have recently been provided for in the Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135). |
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Article 14(10) |
It is unnecessary to implement this as it is covered by existing provisions implementing Article 23 of Directive 93/16 such as section 5(2)(c) of the Medical Act and the requirement in S.I.1995/3208 that a specialist qualification may be awarded only to a registered medical practitioner. |
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Article 14(11) |
Articles 26 and 27 of Directive 93/16 are replaced by a new Article 26. This is already covered by the implementation in Article 7(2)(g) of S.I.1995/3208. |
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Article 14(12) |
This provision changes the date in Article 30 of Directive 93/16. The requirement was that first qualifications be awarded no later than the 1st January 1990 and the UK has implemented this. The change of date was for the benefit of States who were not members at the time. |
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Article 14(13) |
Directive 93/16 requires that training in general medical practice lasts at least 2 years. This provision changes that to 3 years. UK training is already 3 years and it is unnecessary to implement this. The requirement currently appears in the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 S.I.1997/2817, regulation 6 and in the equivalent Regulations for Scotland and Northern Ireland. |
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Article 14(14) |
This provision does not apply to the UK.
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Article 14(15) |
The provision permits the weekly duration of part-time training to be not less than 50% of weekly full-time training (previously the requirement was 60%). Regulation 6 of S.I. 1998/5 (Scotland), S.R. 1998 No. 13 (Northern Ireland) and S.I.1997/2817 (England and Wales) are amended. |
Regulations 11(4), 12(4) and 13(4) |
Article 14(17) |
It is unnecessary to implement this in legislation. It requires Member States to notify the Commission of laws etc. adopted in respect of the award of qualifications in the field covered by the Directive and provides for the Commission to publish a notice accordingly in the Official Journal. |
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Article 42b – It is unnecessary to implement this as it is provided for in Article 9 of Directive 93/16 and has already been implemented in Article 10 of S.I.1995/3208 and regulation 4 of S.I.1996/1591. The provision applies only to primary and specialist qualifications. |
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Article 42c – This in part reflects the judgment in Haim and has already been provided for in section 19 of the Medical Act 1983 (primary qualifications); Article 9 of S.I.1995/3208 (specialist qualifications) (paragraph (4) of which is reworded by the Regulations); and Part III of S.I.1997/2817 and of S.I. 1998/5 and S.R. 1998 No. 13 (Northern Ireland).
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Regulation 10(5) |
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Article 42c (time within which a decision shall be given) and 42d -
Provision in paragraph 5 of Schedule 3 to the Medical Act in respect of the time within which a decision must be given has been supplemented by amendments made by the Medical Act 1983 (Amendment) Order 2002 which inserts Schedule 3A into the Medical Act.
S.I.1995/3208 is amended to implement Article 42c and 42d in so far as not already provided for, in particular to provide for a time within which a decision must be given and to provide for appeals in respect of cases for which appeal provisions do not already exist. |
Regulation 10(4) and (5) |
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The National Health Service (Vocational Training for General Medical Practice (Scotland) Regulations 1998, the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998, the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 and the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 S.I.1994/3130 are amended to implement 42c and 42d in respect of the decisions to be made in so far as necessary, in particular to provide for a time within which a decision must be given and to provide for appeals in respect of cases for which appeal provisions do not already exist.
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Regulation 11(5), 12(5) and 13(5). |
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The Medical Act 1983 (Amendment) Order 2002 inserts section 34B and Schedule 3A into the Medical Act 1983 providing for appeals to registration appeal panels and from there to the county court in respect of registration decisions made under that Act. There is already provision in the Vocational Training Regulations for appeals against refusal of certificates in respect of general medical practice and Article 13 of S.I.1995/3208 already provides for appeals in respect of specialist qualifications. |
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Amendments made by the Regulations reflect the ECJ judgments in Hocsman Case C-238/98 and Commission v Spain Case C-232/99 in respect of the need to take account of qualifications and experience.
These Regulations also amend:
The General Osteopathic Council (Registration) Rules Order of Council 1998 S.I.1998/1328;
The General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 S.I.2000/1038;
The General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999 S.I.1999/1857;
The General Chiropractic Council (Registration) Rules Order of Council 1999 S.I.1999/1856;
The General Chiropractic Council (Registration of Chiropractors With Foreign Qualifications) Rules Order of Council 2002 S.I.2002/2704; and
The Health Professions Order 2001 S.I.2002/254.
These amendments extend the legislation to nationals of Switzerland to reflect 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 O.J. No. L114, 30.04.2002, p.6. and amendments to the Agreement on the European Economic Area by decisions of the EEA Joint Committee. The General Systems Directive 89/48/EEC or 92/51/EEC applies to osteopaths, chiropractors and the health professions to which the Health Professions Order applies (which Directive applies to a particular profession is related to length of training). Amendments by Directive 2001/19/EC to those Directives have been implemented by other Government Departments.