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

3.  After regulation 5 insert— U.K.

“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(1)—

(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(2) (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(3), 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(4) (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(5)) 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.”.

Commencement Information

I1 Sch. 2 para. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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