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The European Qualifications (Health and Social Care Professions) Regulations 2007

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Amendment of section 15

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112.  In section 15(1) (qualification for registration in the dentists register)—

(a)in subsection (1), for paragraph (b) substitute—

(b)any exempt person who holds an appropriate European diploma;

(ba)any exempt person—

(i)whose case falls within regulation 3(9)(a) or (e) of the General Systems Regulations,

(ii)to whom regulations 20 to 26 of those Regulations apply by reason of the operation of regulation 3(4) of those Regulations, and

(iii)who is permitted to pursue the profession of dentistry in the United Kingdom by virtue of Part 3 of those Regulations (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that he may be required to undertake pursuant to that Part of those Regulations); and;

(b)in subsection (2), omit the definition of “national”;

(c)omit subsection (2A);

(d)in subsection (3), for “paragraph (a) or (b) of subsection (1)” substitute “paragraph (a), (b) or (ba) of subsection (1)”;

(e)in subsection (4)(d), for sub-paragraph (i) substitute—

(i)is an exempt person, or;

(f)for subsections (4A) and (4B) substitute—

(4A) Subsections (4B) to (4BC) apply in relation to an exempt person (“A”) who applies for registration under paragraph (b) or (ba) of subsection (1).

(4B) For the purposes of subsection (3)(b), the registrar shall accept as sufficient evidence of A’s good character a certificate which—

(a)attests to A’s good character or good repute; and

(b)is issued by a competent authority in A’s attesting State.

(4BA) If no such certificate is issued by a competent authority in A’s attesting State, for the purposes of subsection (3)(b) the registrar shall accept as sufficient evidence of A’s good character a certificate—

(a)attesting to the authenticity of a declaration on oath made by A—

(i)before a competent judicial or administrative authority, notary or qualified professional body of A’s attesting State, and

(ii)attesting to A’s good character; and

(b)issued by the authority, notary or body referred to in paragraph (a)(i).

In this subsection, “declaration on oath” includes a solemn declaration.

(4BB) For the purposes of subsection (3)(c), the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a)attests to A’s good physical and mental health; and

(b)is required of a person who wishes to practise dentistry in A’s attesting State.

(4BC) If no such certificate is required of persons who wish to practise dentistry in A’s attesting State, for the purposes of subsection (3)(c) the registrar shall accept as sufficient evidence of A’s good health a certificate which—

(a)attests to A’s good physical and mental health; and

(b)is issued by a competent authority in A’s attesting State.

(4BD) In subsections (4B) to (4BC) the “attesting State”, in relation to A, is—

(a)the relevant European State in which A obtained his dental qualification; or

(b)(if different) the relevant European State from which A comes to the United Kingdom.;

(g)in subsection (4C), for “subsection (4A) or (4B)” substitute “subsection (4B), (4BA), (4BB) or (4BC)”; and

(h)omit subsection (7).

(1)

Section 15 was amended by S.I. 1996/1496, 1998/811, 2003/3148 and 2004/1947.

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