143.—(1) Regulation 10 M1 (recognised specialist dental qualifications) is amended as follows.
(2) In paragraph (1)—
(a)for sub-paragraphs (a) to (d) substitute—
“(a)a qualification which—
(i)is listed in Annex V, point 5.3.3 of the Directive (evidence of formal qualifications in orthodontics and oral surgery),
(ii)was awarded in a relevant European State other than the United Kingdom on or after the reference date, and
(iii)is not evidence of training commenced by the holder before that date;
(aa)a qualification which—
(i)is listed in Annex V, point 5.3.3 of the Directive,
(ii)was awarded in a relevant European State other than the United Kingdom, and
(iii)is evidence of training commenced by the holder before the reference date,
provided that the holder of the qualification satisfies the GDC (by means of a certificate of a competent authority of the relevant European State in which the qualification was awarded or otherwise) that the qualification satisfies the requirements of article 35 of the Directive (specialist dental training);
(b)a qualification in orthodontics or (as the case may be) oral surgery which—
(i)was awarded in a relevant European State other than the United Kingdom,
(ii)does not satisfy the requirements of article 35 of the Directive, and
(iii)is evidence of training commenced by the holder before the reference date,
provided that the qualification 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 issue of the certificate;
(c)a qualification in orthodontics or (as the case may be) oral surgery which—
(i)does not correspond to the titles listed in Annex V, point 5.3.3 of the Directive, and
(ii)was awarded at any time in a relevant European State other than the United Kingdom,
provided that the qualification 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 35 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, point 5.3.3 of the Directive;
(d)subject to compliance with paragraph (2), a qualification in orthodontics or (as the case may be) oral surgery which is evidence of training commenced by the holder before 3rd October 1990 on the territory of the former German Democratic Republic, and which does not satisfy the requirements of article 35 of the Directive;”; and
(b)in sub-paragraph (e)—
(i)in paragraph (ii)(aa)—
(aa)for “the competent authorities of the EEA State” substitute “ a competent authority of the relevant European State ”, and
(bb)for “Schedule 1 to this Order” substitute “ Annex V, point 5.3.3 of the Directive ”,
(ii)in paragraph (ii)(bb), for “the competent authorities” substitute “ a competent authority ”, and
(iii)in column (a) of the Table, for “Yugoslavia” substitute “ Former Yugoslavia ”.
(3) For paragraphs (2) and (3) substitute—
“(2) This paragraph is complied with where—
(a)the qualification referred to in paragraph (1)(d) is accompanied by a certificate of a competent authority in Germany that the holder of the qualification 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 that certificate; and
(b)the holder of the qualification is authorised to practise his specialty throughout the territory of Germany under the same conditions as holders of the German qualification listed in respect of that specialty in Annex V, point 5.3.3 of the Directive.
(3) In paragraph (1) “reference date”, in relation to the practice of orthodontics or oral surgery in a relevant European State, means the date specified in relation to that State in the column entitled “Reference date” in the table relating to that specialty in Annex V, point 5.3.3 of the Directive.”.
Marginal Citations
M1Regulation 10 was amended by S.I. 2003/3148 and 2004/1947.