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

Visiting EEA nurses and midwives

3.—(1) In subsection (1) of section 22B of the Act (visiting EEA nurses and midwives)(1) —

(a) for the words “EEC nurse” and “EEC midwife” there are substituted the words “EEA nurse” and “EEA midwife” respectively; and

(b) for the words “any member State” and “a member State” there are substituted the words “any EEA State” and “an EEA State” respectively.

(2) After that subsection there is inserted the following subsection—

“(1A) 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 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 (1) above as if he were such a national.”

(3) In subsection (2) of that section, for the words “EEC nurse” and “EEC midwife” there are substituted the words “EEA nurse” and “EEA midwife” respectively.

(4) In subsections (3) and (4) of that section, for the words “member States” and “member State” there are substituted the words “EEA States” and “EEA State” respectively.

(5) For subsection (5) of that section there are substituted the following subsections—

“(5) For the purposes of this Act—

• ‘competent authority’, in relation to an EEA State, means the authority or body designated by that State as competent for the purposes of the Nursing Directive or, as the case may be, the Midwifery Directive;

• ‘Nursing Directive’ means Council Directive No. 77/452/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications of nurses responsible for general care, as adapted, amended or extended by the Accession of Greece Act, Council Directive No. 81/1057/EEC(2), the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC(3), 89/595/EEC(4) and 90/658/EEC(5), the EEA Agreement and the Accession of Austria, Finland and Sweden Act;

• ‘Midwifery Directive’ means Council Directive No. 80/154/EEC, concerning the mutual recognition of diplomas, certificates and other evidence of the formal qualifications in midwifery, as adapted, amended or extended by Council Directive No. 80/1273/EEC(6), the Accession of Spain and Portugal Act, Council Directives Nos. 89/594/EEC and 90/658/EEC, the EEA Agreement and the Accession of Austria, Finland and Sweden Act;

• and ‘EEA Agreement’, ‘EEA State’ and ‘national’ shall be construed in accordance with section 11(5).

(6) For the purposes of this section—

• ‘the Accession of Greece Act’ means the Act annexed to the Treaty relating to the accession of the Hellenic Republic to the European Community signed at Athens on 28th May 1979(7);

• ‘the Accession of Spain and Portugal Act’ means the Act annexed to the Treaty relating to the accession of the Kingdom of Spain and the Portuguese Republic to the European Community signed at Madrid and Lisbon on 12th June 1985(8);

• ‘the Accession of Austria, Finland and Sweden Act’ means 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(9), 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(10).”

(1)

Section 22B was inserted by S.I. 1983/884, article 6.

(2)

O.J. No. L385, 31.12.1981, p. 25.

(3)

O.J. No. L341, 23.11.1989, p. 19.

(4)

O.J. No. L341, 23.11.1989, p. 30.

(5)

O.J. No. L353, 17.12.1990, p. 73.

(6)

O.J. No. L375, 31.12.1980, p. 74.

(7)

O.J. No. L291, 19.11.1979, p. 91.

(8)

O.J. No. L302, 15.11.1985, p. 160.

(9)

O.J. No. C241, 29.8.1994, p. 21. Norway did not ratify the Treaty.

(10)

O.J. No. L1, 1.1.1995, p. 1. See the Annex (XI) (D) (III) (2) and (5).