The European Qualifications (Health Care Professions) Regulations 2003

Amendment of Nurses, Midwives and Health Visitors Act

2.—(1) Until its repeal by virtue of section 60(3) of the Health Act 1999, section 21 of the Nurses, Midwives and Health Visitors Act (visiting EEA nurses and midwives) is to have effect as if it were amended in accordance with this regulation.

(2) In subsection (6)—

(a) in the definition of—

(i) “Nursing Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement”,

(ii) “Midwifery Directive”, for “and the Accession of Austria, Finland and Sweden Act”, substitute “, the Accession of Austria, Finland and Sweden Act, Directive 2001/19/EC and the Swiss Agreement”;

(b) after the definition of “Midwifery Directive”, insert the following definitions—

““EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and as amended, so far as relevant to this Act, by Decision of the EEA Joint Committee No. 84/2002 of 25th June 2002;”;

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

““national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services.”; and

(c) omit the words “and ‘EEA Agreement’, “EEA State” and “national” shall be construed in accordance with section 8(8)”.

(3) In subsection (7), after the definition of “the Accession of Austria, Finland and Sweden Act”, add the following definition—

““the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21 June 1999.”.