The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020

Regulation 5

SCHEDULE 2 Amendments to the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019

1.  The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019(1) are amended as follows.

2.  In the following places, for “exit day” substitute “IP completion day”—

(a) regulation 2(3)(b);

(b) in regulation 3, in the following paragraphs—

(i) paragraph (2)(a), in the four places it occurs;

(ii) paragraph (2)(b);

(iii) paragraph (2)(c);

(c) in regulation 4, in the following paragraphs—

(i) paragraph (2)(a), in both places it occurs;

(ii) paragraph (2)(b), in the six places it occurs.

3.  After regulation 5 insert—

“Applications under the Act: Swiss citizens’ rights agreement entitled persons

5A.— (1) In this regulation, “qualifying applicant” has the meaning given by paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement).

(2) In relation to a qualifying applicant, the Act has effect as if the amendments made by regulation 2 did not apply, and as if—

(a) in section 2(2)(a), for “, 5A or 5B” there were substituted “or 5A”;

(b) for the heading to section 5A there were substituted “Registration of Swiss citizens’ rights agreement entitled persons”;

(c) in section 5A(2)—

(i) in subsection (1)—

(aa) for “Community rights” there were substituted “Swiss citizens’ rights agreement”;

(bb) in paragraph (a), “European” were omitted;

(ii) in subsection (3)—

(aa) in paragraph (a), “European” were omitted;

(bb) in paragraph (c), for “a relevant European State” there were substituted “Switzerland”;

(cc) for paragraph (d) there were substituted—

“(d) if the person is not a national of the United Kingdom or Switzerland, proof that the person is a Swiss citizens’ rights agreement entitled person;”;

(iii) in subsection (5), for “a competent authority of a relevant European State” there were substituted “the Swiss competent authority”;

(iv) in subsection (6)(a)—

(aa) “European”, in the first place it occurs, were omitted;

(bb) for “that is not the relevant European State in which the evidence of qualification was issued” there were substituted “other than Switzerland”;

(v) in subsection (7), for “a competent authority in the issuing State” there were substituted “the Swiss competent authority”;

(vi) in subsection (10), for paragraph (a)(i) there were substituted—

“(i) Switzerland; or”;

(d) section 5B(3) (and the references to it in sections 5ZBA(1)(a), 5BA(1), 6(1)(b)(ii) and (6) and 10(3), and, where it occurs, the word “or” immediately preceding any such reference) were omitted;

(e) in the heading to section 5BA(4), for “Community rights” there were substituted “Swiss citizens’ rights agreement”;

(f) in section 5BA, in subsections (1) and (2), for “Community rights”, in both places it occurs, there were substituted “Swiss citizens’ rights agreement”;

(g) section 5CA(5) (and the references to it in sections 5CD(1) and (2), 5CE(1) and 5D(1), and in the headings to sections 5CD and 5CE(6)) were omitted;

(h) section 5CB (and the references to it in sections 5CD(1) and (2), 5CE(1) and 5D(1), and in the headings to sections 5CD and 5CE) were omitted;

(i) in section 27—

(i) in the definitions of “Directive 2005/36/EC” and “the Directive table”, for “amended from time to time” there were substituted “it applied immediately before IP completion day”;

(ii) immediately before the definition of “veterinary surgery” there were inserted—

““Swiss citizens’ rights agreement entitled person” means a person within the meaning of paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement);”;

(j) in Schedule 1A—

(i) for the heading there were substituted “REGISTRATION OF SWISS CITIZENS’ RIGHTS AGREEMENT ENTITLED PERSONS”;

(ii) in paragraphs 1(1), 2(1) and (3), 3(1), and 4, in each place it precedes “veterinary surgeon”, “European” were omitted.”.

(1)

S.I. 2019/454. Regulation 1(1) provides for the Regulations to come into force on exit day. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(1) is to be read instead as providing for the Regulations to come into force on IP completion day.

(2)

Section 5A was substituted by S.I. 2008/1824. Relevant amending instruments are S.I. 2013/2985 and 2015/2073.

(3)

Section 5B was substituted by S.I. 2008/1824. The relevant amending instrument is S.I. 2015/2073.

(4)

Section 5BA was substituted by S.I. 2008/1824.

(5)

Sections 5CA, 5CB, 5CD and 5CE were substituted by S.I. 2008/1824. The relevant amending instrument is S.I. 2015/2073.

(6)

Section 5D was inserted by S.I. 2003/2919. Relevant amending instruments are S.I. 2008/1824 and 2015/2073.