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

PART 2 U.K. Savings and transitional provision

Pending applications U.K.

[F1 11.   The 2018 Regulations and any rules made under the 2018 Regulations continue to apply without the amendments made by Part 1 of this Schedule in relation to the following applications made before IP completion day (including any appeal arising from them)—

(a) an application made under regulations 10(1), 13(1) or 15(1) of the 2018 Regulations (applications for registration, renewal or restoration);

(b) an application made under regulations 9(1), 10(4) or 33(1) of the Health Professions Order 2001 (applications for registration, renewal, readmission or restoration) and treated as an application under the 2018 Regulations by virtue of Part 2 of the Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019.]

Textual Amendments

F1 Sch. 11 para. 11 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), 19(b)

Commencement Information

I1 Sch. 11 para. 11 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)

Visiting social work professionals: saving of old law for up to [F2 five years] U.K.

12.—(1) Where—

(a) a person had, immediately before [F3 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 social worker (and regulation 18(2) of the 2018 Regulations accordingly applied to the person), and

(b) the person continues to have that benefit on or after [F4 IP completion day],

any provision made by or under the 2018 Regulations 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 social work professionals from relevant European states [F5 (but subject, in the case of a relevant applicant, to the modification to the 2018 Regulations specified in sub-paragraph (1A))].

[F6 (1A) The modification to the 2018 Regulations mentioned in sub-paragraph (1) is that regulation 18 is to be read as if for paragraph (1) there were substituted—

“(1) This regulation applies to 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) (“EP”) who is lawfully established, in Switzerland (“State A”), as a social worker.”.

(1B) A relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a social worker in England 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 social work professional—

(a) if the professional is registered as required by regulation 18(2) of the 2018 Regulations, when his or her name is removed under regulation 18(5) of those Regulations;

(b) otherwise, when the professional's entitlement ceases by reason of the operation of regulation 18(5) of those Regulations.

[F7 (2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting social worker.

(2B) But a Swiss visiting social worker’s entitlement does not continue (or further continue) under regulation 18 of the 2018 Regulations on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting social worker” means a visiting social worker 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 profession of social work, 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 social work professionals from relevant European states” is to the following provisions of the 2018 Regulations—

(a) regulation 2(1), (2) and (3);

(b) regulation 9(1)(c);

(c) regulation 10(5);

(d) regulation 18;

(e) regulation 19(1)(i).

Textual Amendments

F2 Words in Sch. 11 para. 12 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), 19(c)(i)

F3 Words in Sch. 11 para. 12(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), 19(c)(ii)(aa)

F4 Words in Sch. 11 para. 12(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), 19(c)(ii)(aa)

F5 Words in Sch. 11 para. 12(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), 19(c)(ii)(bb)

F6 Sch. 11 para. 12(1A)(1B) 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), 19(c)(iii)

F7 Sch. 11 para. 12(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), 19(c)(iv)

Commencement Information

I2 Sch. 11 para. 12 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)

[F8 Recognition of professional social work qualifications U.K.

12A.— (1) Where a qualifying application is received before the end of the Swiss recognition period, the provisions of the 2018 Regulations continue to apply in relation to that application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the provisions of those Regulations mentioned in sub-paragraph (3).

(2) In this paragraph “qualifying application” means an application from a qualifying applicant to be registered as a social worker in accordance with the 2018 Regulations.

(3) The provisions of the 2018 Regulations are—

(a) regulation 2;

(b) regulation 8(8);

(c) regulation 11(4), (5) and (8);

(d) regulation 19(1)(e) and (i);

(e) paragraphs 1(b) and 2 of Schedule 1.]

Textual Amendments

F8 Sch. 11 para. 12A 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), 19(d)

Commencement Information

I3 Sch. 11 para. 12A 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)

Interpretation of saved provisions U.K.

13.  Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in regulation 2 of the 2018 Regulations—

(i) in paragraph (1), there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before [F9 IP completion day], by virtue of section 2(1) of the European Communities Act 1972;”;

(ii) in paragraph (2), for sub-paragraphs (a) to (c) there were substituted—

“(a) a person who, immediately before [F10 IP completion day], was a national of a relevant European State,

(b) a person who, immediately before [F10 IP completion day], was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the social work profession by virtue of an enforceable EU right, or

(c) a person who, immediately before [F10 IP completion day], was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the social work profession, no less favourably than a national of a relevant European State.”;

(iii) in paragraph (3), for “is not” there were substituted “was not, immediately before [F11 IP completion day]”;

(b) in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted;

(c) any reference to the European [F12 Communities] (Recognition of Professional Qualifications) Regulations 2007 or the European Union (Recognition of Professional Qualifications) Regulations 2015 were—

(i) in relation to anything done before [F13 IP completion day], to those Regulations as they had effect at that time;

(ii) otherwise, to those Regulations as (and only to the extent that) they have effect, on or after [F14 IP completion day], in relation to an entitlement which arose before [F14 IP completion day] or arises as a result of something done before [F14 IP completion day].

Textual Amendments

F9 Words in Sch. 11 para. 13(a)(i) 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), 19(e)(i)

F10 Words in Sch. 11 para. 13(a)(ii) 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), 19(e)(i)

F11 Words in Sch. 11 para. 13(a)(iii) 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), 19(e)(i)

F12 Word in Sch. 11 para. 13(c) 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), 19(e)(ii)

F13 Words in Sch. 11 para. 13(c)(i) 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), 19(e)(i)

F14 Words in Sch. 11 para. 13(c)(ii) 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), 19(e)(i)

Commencement Information

I4 Sch. 11 para. 13 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)