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26th March 2013
Laid before Parliament
27th March 2013
Coming into force
18th April 2013
The Secretary of State for Business, Innovation and Skills is a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the access to, the training for, the pursuit of, and the award of qualifications in the professions of dentistry, medicine, midwifery, nursing and pharmacy and their specialities.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
1. These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2013 and come into force on 18th April 2013
2. (1) The European Communities (Recognition of Professional Qualifications) Regulations 2007(3) are amended as follows.
(2) In regulation 26(b) for sub-paragraph (i) substitute “(i) regulation 3(9)(a) (except for nurses responsible for general care and midwives) and (b)”.
Minister of State for Trade and Investment
Department for Business, Innovation and Skills
26th March 2013
(This note is not part of the Regulations)
These Regulations amend the European Communities (Recognition of Professional Qualifications) Regulations 2007 (“the 2007 Regulations”). The 2007 Regulations implement in part Council Directive 2005/36/EC on the recognition of professional qualifications (OJ No. L255, 30.09.2005 p 22) as amended by Council Directive 2006/100/EC (OJ No. L 363 of 20.12.2006 p.141).
Regulation 3 alters the implementation of article 14(3) of the Directive in relation to the derogation from the choice of compensation measures for midwives and nurses responsible for general care who do not meet the professional requirements which would grant them acquired rights. The 2007 Regulations only permitted these nurses and midwives to undertake an adaptation period of training. Regulation 3 amends regulation 26 of the 2007 Regulations to remove these nurses and midwives from inclusion within the derogation and permit them a choice of compensation measures: an aptitude test or an adaptation period in order to meet the practising requirements.
An impact assessment of the effect that the amendment in regulation 3 of this instrument will have on the costs of business and the voluntary sector is available from the BIS website (www.bis.gov.uk). It is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. Copies have also been placed in the Libraries of both Houses of Parliament.
1972 c.68, section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).
S.I. 2007/2781 to which there are amendments not relevant to these Regulations.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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