The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2018

Temporary and occasional provision of services – Part 2 of the principal Regulations - transitional and saving provision

42.—(1) This paragraph applies where, before exit day, an applicant has submitted or renewed a declaration in accordance with regulation 15 of the principal Regulations to the appropriate competent authority.

(2) The provisions of the principal Regulations continue to apply on and after exit day in relation to the applicant concerned, as if not amended by Part 2 but subject to the modifications specified in sub-paragraph (3), until the earlier of the following—

(a) the day before that on which renewal of the declaration in accordance with regulation 15(2)(c) would have been required but for the modification specified in paragraph (3);

(b) the loss of entitlement to provide services in accordance with regulation 24(1) or 25 (as those regulations are modified in accordance with sub-paragraph (3)), or pursuant to any other provision of the principal Regulations;

(c) where applicable—

(i) the expiry of the period for appeal against a decision under regulation 13(2) without an appeal being made; or

(ii) the determination of any appeal made under regulation 68(1) against the applicant, in relation to a decision under regulation 13(2);

(d) the day before the first anniversary of the day on which exit day falls.

(3) The modifications to the principal Regulations are as follows—

(a) the United Kingdom is to be treated as falling within the definition of “relevant European State”;

(b) regulation 5 is to be read as if—

(i) paragraphs (2) and (3) were omitted;

(ii) for paragraph (4), there were substituted—

“(4) A competent authority must—

(a) act as a point of single contact for their regulated professions; and

(b) provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.”;

(iii) for paragraph (5), there were substituted—

“(5) A competent authority must fully cooperate with the assistance centre and provide all relevant information about individual cases to the assistance centre on request, and subject to data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.”;

(iv) paragraphs (7) and (9) were omitted;

(v) in paragraph (10), for “regulations 21 and” there were substituted “regulation”;

(vi) after paragraph (11), there were inserted—

“(12) If the applicant does not provide any certified copies requested under paragraph (6) before the expiry of the time limit for the competent authority to notify the applicant of its decision under regulation 42(2), the competent authority may refuse the application.”.

(c) regulation 15 is to be read as if—

(i) in paragraph (2), sub-paragraph (c) and the “and” immediately before it were omitted;

(ii) in paragraph (b) “or renewal” were omitted;

(d) regulation 23 is to be read as if in paragraph (2) after “the applicant may” there were inserted “not”;

(e) regulation 24 is to be read as if paragraphs (2), (3) and (4) were omitted;

(f) regulation 25 is to be read as if —

(i) after paragraph (1), there were inserted—

“(1A) If the competent authorities of the home State fail to provide the information requested under paragraph (1) within one month, the applicant will no longer be entitled to provide services in the profession that the applicant is pursuing in the United Kingdom in accordance with this Part nor retain any temporary registration.”;

(ii) paragraph (3) were omitted;

(g) Parts 4 and 5 are to be ignored;

(h) in regulation 66—

(i) paragraph (1) is to be read as if for “must” there were substituted “may”;

(ii) paragraph (3) is to be read as if for the words from “rules” to the end, there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018”;

(i) regulation 67 is to be ignored, save to the extent that paragraph 46 of this Schedule applies;

(j) regulation 68, so far as it relates to an appeal under regulation 67, is to be ignored, save to the extent that paragraph 46 of this Schedule applies.

(4) In this paragraph, “applicant” has the meaning in regulation 8(3) of the principal Regulations—

(a) before amendment made by Part 2; and

(b) with the omission of the words “including Part 4”.