The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018

PART 1 Amendments to legislation

Interpretation

1.  In this Schedule, “the 2001 Order” means the Health and Social Work Professions Order 2001(1).

Health and Social Work Professions Order 2001

2.  The 2001 Order is amended as follows.

3.  In article 6 (health and social work professions register)(2), omit paragraph (3)(aa).

4.  In article 7 (register: supplemental provision)(3), omit paragraph (4).

5.  In article 8 (access to register)(4), omit paragraph (5).

6.  In article 9 (registration)(5)—

(a) in paragraph (1), for “Subject to paragraph (8), a” substitute “A”;

(b) in paragraph (5), for “specified in the General Systems Regulations” substitute “of three months beginning with the day on which the application is received”;

(c) omit paragraph (8).

7.  In article 10 (renewal and readmission)(6)—

(a) in paragraph (1), for “Subject to paragraph (6), where” substitute “Where”;

(b) omit paragraph (6).

8.  In article 11A (indemnity arrangements)(7), omit paragraph (12).

9.  In article 12 (approved qualifications)(8)—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a), insert “or”;

(ii) omit sub-paragraphs (b) and (ba);

(iii) in sub-paragraph (c)(iii), omit “(except where he is an exempt person)”;

(b) omit paragraph (1A).

10.  Omit article 13A (visiting professionals from relevant European states)(9).

11.  In article 19 (post-registration training)(10), omit paragraphs (2A) to (2D).

12.  In article 37 (registration appeals)(11), omit paragraph (1)(aa).

13.  In article 38 (other appeals)(12)—

(a) in paragraph (1)(b), for “mentioned in paragraph (1A)” substitute “under article 37”;

(b) omit paragraph (1A);

(c) in paragraph (3)—

(i) in sub-paragraph (b), omit the words from “or, in the case” to the end;

(ii) in sub-paragraph (c), omit from “, or the failure” to “(1A)(e),”.

14.  Omit article 49 (review)(13).

15.  In Schedule 3 (interpretation)(14), omit the definitions of “European professional card”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting health or social work professional from a relevant European State”.

Health Professions (Parts of and Entries in the Register) Order of Council 2003

16.  In the Health Professions (Parts of and Entries in the Register) Order of Council 2003(15), omit article 7.

Health and Care Professions Council (Registration and Fees) Rules 2003

17.  In the Health and Care Professions Council (Registration and Fees) Rules 2003(16)—

(a) in rule 2 (interpretation), omit the definitions of “attesting State” and “competent authority”;

(b) omit rule 2A;

(c) in rule 4 (registration applications), in paragraph (4)(a), omit paragraphs (ii) and (iia) (but not the final “or”);

(d) in rule 7 (knowledge of English), omit “who is not an exempt person”;

(e) in rule 17 (scrutiny fees), in paragraph (2), omit “(b) or”.

Health Professions Council (Registration Appeals) Rules 2003

18.  In the Health Professions Council (Registration Appeals) Rules 2003(17), in rule 4 (period for appealing), in paragraph (b), for the words from “specified” to the end substitute “of three months referred to in article 9(5) of the Order”.

(1)

S.I. 2002/254.

(2)

Paragraph (3)(aa) was inserted by S.I. 2007/3101, and was amended by section 215(5) of the Health and Social Care Act 2012 (c. 7).

(3)

Paragraph (4) was inserted by S.I. 2007/3101, and was amended by section 215(5) of the Health and Social Care Act 2012.

(4)

Relevant amending instrument is S.I. 2007/3101.

(5)

Paragraph (8) was inserted by, and paragraphs (1) and (5) were amended by S.I. 2007/3101. Relevant amendments are made by section 215(5) of the Health and Social Care Act 2012, S.I. 2014/1887.

(6)

Paragraph (6) was inserted by, and paragraph (1) was amended by, S.I. 2007/3101. Paragraph (6) was also amended by section 215(6) of the Health and Social Care Act 2012.

(7)

Article 11A was inserted by S.I. 2014/1887.

(8)

Paragraph (1)(b) and (c)(iii) was substituted, and paragraph (1A) was inserted, by S.I. 2007/3101. Paragraph (1)(ba) was inserted by S.I. 2016/1030. Relevant amendments are made by section 215(7) of the Health and Social Care Act 2012.

(9)

Article 13A was inserted by S.I. 2007/3101. Relevant amendments made by section 215(5) of the Health and Social Care Act 2012, S.I. 2016/1030.

(10)

Paragraphs 2A to 2D were inserted by S.I. 2007/3101. Paragraph 2A was amended by section 215(10) of the Health and Social Care Act 2012.

(11)

Paragraph (1)(aa) was inserted by S.I. 2007/3101 and was amended by section 215(5) of the Health and Social Care Act 2012.

(12)

Paragraph (1A) was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2004/2033, 2007/3101, 2014/1887, 2016/1030.

(13)

Article 49 was inserted by S.I. 2016/1030.

(14)

Relevant amending instruments are S.I. 2003/3148, 2007/3101, 2011/1043, 2016/1030 and other relevant amendments made by section 215(13) of the Health and Social Care Act 2012.

(15)

S.I. 2003/1571. Article 7 was inserted by S.I. 2007/3101.

(16)

As set out in the Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003 (S.I. 2003/1572). Relevant amending instruments are S.I. 2007/1280, 3101, 2012/1479, 2015/1337, 2016/693, 1030.

(17)

As set out in the Schedule to the Health Professions Council (Registration Appeals) Rules Order of Council 2003 (S.I. 2003/1579).