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

Insertion of Schedule 7A U.K.

64.  After Schedule 7 insert—

Article 19

“SCHEDULE 7A U.K. DIRECTIVE 2005/36: FUNCTIONS OF THE GMC AND THE BOARD UNDER ARTICLE 19(2) AND (3)

PART 1 U.K. FUNCTIONS OF THE GMC

Provision of Directive	Function of GMC
Article 7(2)(b)	Issuing certificates containing attestations in relation to persons established, in the United Kingdom, as specialists or general practitioners.
Article 8(1)	Receiving information from, or providing information to, other competent authorities in relation to—
	(a)	the legality of a person's establishment as a specialist or general practitioner;
	(b)	the good conduct of such a person;
	(c)	the absence of any disciplinary or criminal sanctions of a professional nature against such a person.
Article 8(2)	Receiving information from, or providing information to, other competent authorities in connection with the investigation of complaints made against persons providing services as a specialist or general practitioner.
Article 23(1)	Issuing certificates of effective and lawful practice in the United Kingdom to specialists.
Article 50(1) and paragraph 1(d) of Annex VII	Issuing, in respect of practice as a specialist or general practitioner, the certificates of current professional status referred to in sub-paragraph (d) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(1) and paragraph 1(e) of Annex VII	Issuing, in respect of practice as a specialist or general practitioner, the certificates of good health referred to in sub-paragraph (e) of paragraph 1 of Annex VII to the Directive within the time limits set by that sub-paragraph.
Article 50(2)	In cases of justified doubts—
	(a)	requiring confirmation of the authenticity of non-UK specialist or GP qualifications;
	(b)	requiring confirmation that holders of non-UK specialist or GP qualifications satisfy the minimum training conditions set out in article 25 or 28 of the Directive (as the case may be) or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts, verifying information provided in connection with non-UK specialist or GP qualifications awarded following training in a relevant European State other than the State in which the qualification was awarded.
Article 56(1)	Ensuring the confidentiality of information exchanged with other competent authorities.
Article 56(2)	Receiving information from, or providing information to, other competent authorities regarding disciplinary action, criminal sanctions or other serious circumstances likely to have consequences for practice as a specialist or general practitioner.
	Where such information is received by the GMC—
	(a)	examining the veracity of the circumstances;
	(b)	deciding the nature and scope of any investigations that need to be carried out;
	(c)	informing other competent authorities of the GMC's conclusions.

PART 2 U.K. FUNCTIONS OF THE BOARD

Provision of Directive	Function of Board
Article 23(6)	Issuing certificates stating that specialist qualifications or qualifications in general practice awarded in the United Kingdom, which do not correspond to the titles set out in respect of the United Kingdom at point 5.1.2, 5.1.3 or 5.1.4 of Annex V to the Directive (as the case may be), certify successful completion of specialist training that is in accordance with article 25 of the Directive, or training in general practice which is in accordance with article 28 of the Directive (as the case may be), or that under article 22(a) of the Directive (part-time training) is to be treated as in accordance with article 25 or 28 of the Directive.
Article 50(1) and paragraph 1(b) of Annex VII	Providing information to other competent authorities concerning the training in the United Kingdom of a specialist or general practitioner to whom Chapter 1 of Part 3 of the General Systems Regulations applies.
Article 50(1) and paragraph 2 of Annex VII	Issuing certificates stating that a person's CCT is a qualification covered by the Directive.
Article 50(2)	In cases of justified doubts—
	(a)	providing confirmation to competent authorities of other relevant European States of the authenticity of any person's CCT;
	(b)	providing confirmation that holders of a CCT satisfy the minimum training conditions set out in article 25 or 28 of the Directive (as the case may be) or under article 22(a) of the Directive are to be treated as satisfying those conditions.
Article 50(3)	In cases of justified doubts, providing information in connection with a person's CCT awarded following training in a relevant European State other than the United Kingdom.”