(1)A primary European qualification for the purposes of this Part of this Act is any of the following obtained in an EEA State other than the United Kingdom, namely—
(a)a European qualification listed in Schedule 2 to this Act which was obtained on or after the implementation date and is not evidence of training commenced before that date;
(b)subject to compliance with subsection (2) below, a qualification obtained before the implementation date, or on or after that date where training of which it is evidence commenced before that date;
(c)subject to compliance with subsection (3) below, a qualification not listed in Schedule 2 to this Act;
(d)subject to compliance with subsection (4) below, a qualification which is evidence of training commenced before 3rd October 1990 and undertaken on the territory of the former German Democratic Republic.
(2)For compliance with this subsection in the case of any qualification, either—
(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate of the medical authorities of the EEA State in which it was obtained or otherwise) that it accords with the standards laid down by Directive 93/16/EEC; or
(b)evidence of it must be accompanied by a certificate of the medical authorities of any EEA State that the holder has effectively and lawfully been engaged in actual medical practice for at least 3 consecutive years during the 5 years preceding the date of the certificate.
(3)For compliance with this subsection in the case of any qualification, evidence of it must be accompanied by a certificate of the medical authorities of the EEA State in which it was obtained to the effect that—
(a)it was awarded following training which satisfied the requirements of article 23 of Directive 93/16/EEC; and
(b)it is treated by that State as if it were a qualification listed in relation to that State in article 3 of that Directive.
(4)For compliance with this subsection in the case of any qualification—
(a)it must be such that the Registrar is satisfied with respect to it (by means of a certificate of the German medical authorities or otherwise) that the holder is entitled by virtue of it to engage in medical practice throughout the territory of Germany on the same conditions as the holder of a German qualification listed in Schedule 2 to this Act; and
(b)evidence of it must be accompanied by a certificate of the German medical authorities that the holder has effectively and lawfully been engaged in actual medical practice in Germany for at least 3 consecutive years during the 5 years preceding the date of the certificate.
(5)In subsections (2) to (4) above, references to the medical authorities of an EEA State are references to the authorities and bodies designated in accordance with Directive 93/16/EEC.
(6)In this section “the implementation date” means—
(a)in the case of Greece, 1st January 1981;
(b)in the case of Spain and Portugal, 1st January 1986;
(c)in the case of Austria, Finland, Iceland, Norway and Sweden, 1st January 1994;
(d)in the case of Liechtenstein, 1st May 1995; and
(e)in the case of any other EEA State, 20th December 1976.]
Textual Amendments
F1S. 17 substituted (10.7.1996) by S.I. 1996/1591, reg. 4(1)