Amendment of article 15
48.—(1) Article 15(1) (recognised specialist qualifications) is amended as follows.
(2) In paragraph (1), omit sub-paragraph (a).
(3) For paragraph (1)(b) substitute—
“(b)a specialist qualification listed in Annex V, point 5.1.2 of the Directive which was awarded—
(i)in a relevant European State other than the United Kingdom,
(ii)on or after the reference date and is not evidence of training commenced by the holder before that date, and
(iii)in a specialty in which the United Kingdom awards a qualification as set out in Part 1 of Schedule 3;
(ba)a specialist qualification listed in Annex V, point 5.1.2 of the Directive—
(i)which was awarded in a relevant European State other than the United Kingdom,
(ii)which was awarded following training commenced by the holder before the reference date,
(iii)which was awarded in a specialty in which the United Kingdom awards a qualification as set out in Part 1 of Schedule 3, and
(iv)where the holder of the qualification satisfies the GMC (by means of a certificate of a competent authority of the relevant European State in which it was awarded or otherwise) that it accords with the standards laid down by article 25 of the Directive (specialist medical training);”.
(4) In paragraph (1)(c)—
(a)in paragraph (i), for “an EEA State” substitute “a relevant European State”;
(b)in paragraph (iii), after “laid down by” insert “article 25 of”;
(c)in paragraph (iv), for “begun before the relevant date” substitute “commenced by the holder before the reference date”; and
(d)for paragraph (v) substitute—
“(v)is accompanied by a certificate of a competent authority of any relevant European State that the holder has effectively and lawfully been engaged in the practice of his specialty in that State for at least three consecutive years during the five years preceding the date of the certificate;”.
(5) In paragraph (1)(d)—
(a)in paragraph (i), for “an EEA State” substitute “a relevant European State”; and
(b)for paragraphs (ii) and (iii) substitute—
“(ii)does not correspond to the titles listed in Annex V, point 5.1.2 and 5.1.3 of the Directive, and
(iii)is accompanied by a certificate of a competent authority of that State to the effect that the qualification is evidence of training which satisfies the requirements of article 25 of the Directive and is treated by that State as if it were a qualification listed in respect of the relevant specialty in relation to that State in Annex V, points 5.1.2 and 5.1.3 of the Directive;”.
(6) In paragraph (1)(e)—
(a)for paragraph (i) substitute—
“(i)was awarded in Spain to doctors who completed their specialist training before 1st January 1995, even if that training does not satisfy the requirements of article 25 of the Directive,”; and
(b)for paragraph (iii) substitute—
“(iii)is accompanied by a certificate issued by a competent authority in Spain attesting that the person concerned has passed the examination in specific professional competence held in accordance with article 27(2) of the Directive with a view to ascertaining that the person concerned possesses a level of knowledge and skill comparable to that of doctors who possess a specialist qualification listed in respect of the relevant specialty in relation to Spain in Annex V, points 5.1.2 and 5.1.3 of the Directive;”.
(7) In paragraph (1)(f)—
(a)in paragraph (i), for “articles 24 to 26” substitute “article 25”;
(b)in paragraph (ii)—
(i)for “the competent authorities” subsitute “a competent authority”, and
(ii)for “Schedule 7 and Annex C” substitute “Annex V, point 5.1.2”; and
(c)for paragraph (iii) substitute—
“(iii)where evidence of the qualification is accompanied by a certificate of a competent authority in Germany that the holder has effectively and lawfully been engaged in the practice of his specialty in Germany for at least three consecutive years during the five years preceding the date of the certificate; and”.
(8) In paragraph (1)(g)—
(a)in paragraph (ii)—
(i)for “the competent authorities of the EEA State” substitute “a competent authority of the relevant European State”, and
(ii)for “Schedule 7” substitute “Annex V, point 5.1.2 of the Directive”;
(b)in paragraph (iii), for “those authorities” substitute “that authority”; and
(c)in column (a) of the Table, for “Yugoslavia” substitute “Former Yugoslavia”.
(9) For paragraph (2) substitute—
“(2) In paragraph (1) “the reference date”, in relation to a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in Annex V, point 5.1.2 of the Directive.”.
Article 15 was amended by S.I. 2004/1947.