The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

Visiting chiropractors: saving of old law for up to [F1 five years] U.K.

15.—(1) Where—

(a) a person had, immediately before [F2 IP completion day], the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a chiropractor (and section 5A(3) of the 1994 Act accordingly applied to the person), and

(b) the person continues to have that benefit on or after [F3 IP completion day],

any provision made by or under the 1994 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting chiropractors from relevant European states [F4 (but subject, in the case of a relevant applicant, to the modifications to the 1994 Act specified in sub-paragraph (4))].

[F5 (1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a chiropractor for a period not exceeding 90 days in total in any calendar year.]

(2) Sub-paragraph (1) ceases to apply in relation to a visiting chiropractor—

(a) if the chiropractor is registered as required by section 5A(3) of the 1994 Act, when his or her name is removed under section 5A(6) of the Act;

(b) otherwise, when the chiropractor's entitlement ceases by reason of the operation of section 5A(5) of the Act.

[F6 (2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting chiropractor.

(2B) But a Swiss visiting chiropractor’s entitlement does not continue (or further continue) under section 5A of the 1994 Act on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting chiropractor” means a visiting chiropractor who—

(a) is a national of the United Kingdom or is a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the chiropractor profession, no less favourably than a national of the United Kingdom or Switzerland.]

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting chiropractors from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting chiropractors
The 1994 Act	section 5A
	section 6(1), (2), (4A), (5) and (6)
	section 8(8)
	section 17(2A) to (2D)
	section 29(1)(ba)
	section 29A (other than subsection (2)(c))
	section 37(2)
	[F7 section 43]
General Chiropractic Council (Registration) Rules 1999	rules 2(2A), 3(4)(a) and 6(2)

[F8 (4) The modifications to the 1994 Act mentioned in sub-paragraph (1) are—

(a) section 5A(1) is to be read as if for the words from “an exempt” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as a chiropractor in Switzerland (“State A”)”;

(b) section 17(2D) is to be read as if for the words from “the relevant” to “chiropractor” there were substituted “Switzerland”.]

Textual Amendments

F1 Words in Sch. 7 para. 15 heading substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(a)

F2 Words in Sch. 7 para. 15(1)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(b)(i)

F3 Words in Sch. 7 para. 15(1)(b) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(b)(i)

F4 Words in Sch. 7 para. 15(1) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(b)(ii)

F5 Sch. 7 para. 15(1A) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(c)

F6 Sch. 7 para. 15(2A)-(2C) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(d)

F7 Words in Sch. 7 para. 15 table substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(f)

F8 Sch. 7 para. 15(4) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 15(4)(e)

Commencement Information

I1 Sch. 7 para. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)