The Nurses, Midwives and Health Visitors Act 1979 (Amendment) Regulations 1996

Admission to register of persons qualified in other EEA States

2.—(1) In subsection (3)(b) of section 11 of the Act (admission to register), for the words “any member State of the European Communities” and “a member State” there are substituted the words “any EEA State” and “an EEA State” respectively.

(2) After subsection (3A) of that section(1) there is inserted the following subsection—

“(3B) Any person who—

(a) is not a national of an EEA State, but

(b) is, by virtue of a right conferred by Article 11 of Council Regulation (EEC) No. 1612/68(2) or any other enforceable Community right, entitled to be treated, for the purposes of access to the nursing profession, or the profession of midwifery, no less favourably than a national of such a State,

shall be treated for the purposes of subsection (3)(b) above as if he were such a national.”

(3) At the end of subsection (4A) of that section(3) there are inserted the words “or such longer period as may be permitted in his case by Article 10 of the Nursing Directive or Article 11 of the Midwifery Directive”.

(4) For subsection (5) of that section there is substituted the following subsection—

“(5) In this Act—

“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(4) as adjusted by the Protocol signed at Brussels on 17th March 1993(5);

“EEA State” means a Contracting Party to the EEA Agreement;

“national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties.”

(1)

Subsection (3A) was inserted by S.I. 1983/884, article 3, and amended by S.I. 1984/1975, article 2.

(2)

O.J. No. L257, 19.10.68, p. 1 (amended by Council Regulation (EEC) No. 312/76 O.J. No. L39, 14.2.76, p. 2).

(3)

Subsection (4A) was inserted by S.I. 1983/884, article 3.

(4)

Cm 2073 and O.J. No. L1, 3.1.1994, p. 3.

(5)

Cm 2183 and O.J. No. L1, 3.1.1994, p. 572.