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2. The Provision of Services Regulations 2009 M1 are amended in accordance with this Part.
Commencement Information
I1Reg. 2 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1S.I. 2009/2999. Relevant amendments were made by S.I. 2011/1043.
3. In regulation 3(3), for “Parts 3 to 6” substitute “ Parts 3 and 6 ”.
Commencement Information
I2Reg. 3 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
4. In regulation 4, omit the definition of “the Services Directive”.
Commencement Information
I3Reg. 4 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
5.—(1) In regulation 5(1)—
(a)in sub-paragraph (b), for “EU rules” substitute “ retained EU law ”M2 ;
(b)in sub-paragraph (c)—
(i)omit “in accordance with EU law”;
(ii)after “State aid rules” insert “ in retained EU law ”.
(2) In regulation 5(3)—
(a)in sub-paragraph (a), for “an EEA state or who otherwise benefits from rights conferred by EU acts” substitute “ the United Kingdom ”;
(b)for sub-paragraph (b) substitute—
“(b)a business undertaking established in the United Kingdom.”.
(3) For regulation 5(4) substitute—
“(4) Nothing in Parts 3 and 6 to 8 applies in relation to a provider of a service who is not—
(a)established in the United Kingdom, and
(b)either—
(i)an individual who is a national of the United Kingdom, or
(ii)a business undertaking.”.
(4) In regulation 5, after paragraph (4) insert—
“(5) In paragraphs (3)(b) and (4)(b)(ii), “business undertaking” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association, engaged in activities for the purpose of trading for profit, incorporated or formed under the law of any part of the United Kingdom.”.
Commencement Information
I4Reg. 5 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M2“Retained EU law” is defined in Schedule 1 to the Interpretation Act 1978 c. 30.
6.—(1) In regulation 6(1), omit “, 5”.
(2) In regulation 6(2)—
(a)in sub-paragraph (a), after “enactment” insert “ other than retained direct EU legislation ”M3 ;
(b)for sub-paragraph (a)(ii) substitute—
“(ii)immediately before [F1IP completion day], the provision implemented an EU obligation, and”;
(c)in sub-paragraph (b), for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;
(d)for sub-paragraph (b)(ii) substitute—
“(ii)immediately before [F2IP completion day], the provision was contained in an EU instrument that came into force before these Regulations were made.”.
(3) In regulation 6(3), omit “or 4”.
(4) In regulation 6(4)—
(a)in sub-paragraph (a), after “enactment” insert “ other than retained direct EU legislation ”;
(b)in sub-paragraph (b), for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;
(c)for sub-paragraph (b)(ii) substitute—
“(ii)immediately before [F3IP completion day], the provision was contained in an EU instrument that came into force before these Regulations were made.”.
Textual Amendments
F1Words in reg. 6(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(a)
F2Words in reg. 6(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(a)
F3Words in reg. 6(4)(c) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(a)
Commencement Information
I5Reg. 6 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M3“Retained direct EU legislation” is defined in Schedule 1 to the Interpretation Act 1978 c. 30.
7. In regulation 8(1)—
(a)omit sub-paragraph (f);
(b)in sub-paragraph (g), after “assessment” insert “ or the registration number as defined in regulation 2(1) of the Value Added Tax Regulations 1995 ”M4 ;
(c)in sub-paragraph (h), for “the professional title and the EEA state in which that title has been granted” substitute “ and the professional title ”.
Commencement Information
I6Reg. 7 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
8. In regulation 9(1)(b), omit “in the EEA state in which the provider is established”.
Commencement Information
I7Reg. 8 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
9. In regulation 13—
(a)in paragraph (1), omit “except as specified in paragraph (2)”;
(b)omit paragraph (2).
Commencement Information
I8Reg. 9 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
10.—(1) Omit regulation 14(2)(a).
(2) In regulation 14(3)—
(a)in sub-paragraph (a), for “implementing an EU obligation” substitute “ other than retained direct EU legislation which, immediately before [F4IP completion day], implemented an EU obligation ”;
(b)for sub-paragraph (b) substitute—
“(b)a provision of retained direct EU legislation which, immediately before [F4IP completion day], was contained in an EU instrument that came into force before these Regulations were made.”.
Textual Amendments
F4Words in reg. 10(2) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(b)
Commencement Information
I9Reg. 10 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
11.—(1) Omit regulation 15(2)(a).
(2) In regulation 15(3)(a), omit “or in another EEA state”.
Commencement Information
I10Reg. 11 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
12. In regulation 17(4), for “EU law” substitute “ retained EU law ”.
Commencement Information
I11Reg. 12 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
13.—(1) In regulation 21(1), omit sub-paragraphs (a) – (d) and (g).
(2) Omit regulation 21(4).
Commencement Information
I12Reg. 13 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
14.—(1) In regulation 22(2)(d)—
(a)in paragraph (i), after “covered by” insert “ retained EU law which, immediately before [F5IP completion day], implemented an obligation under ”;
(b)in paragraph (ii), for “EU instruments” substitute “ retained EU law ”.
(2) Omit regulation 22(3)(a).
(3) In regulation 22(5), omit “, in accordance with EU law,”.
Textual Amendments
F5Words in reg. 14(1)(a) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(c)
Commencement Information
I13Reg. 14 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
15. Omit Part 4.
Commencement Information
I14Reg. 15 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
16. Omit Part 5.
Commencement Information
I15Reg. 16 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
17.—(1) In regulation 31(3)(a), for “another EU instrument” substitute “ other retained EU law ”.
(2) Omit regulation 31(5)(a) – (e).
(3) For regulation 31(5)(h) substitute—
“(h)regulations 61(1), 61(4) and (5) and 63 of the Public Contracts (Scotland) Regulations 2015;”.
(4) For regulation 31(5)(k) substitute—
“(k)regulations 38, 39 and 40 of the European Union (Recognition of Professional Qualifications) Regulations 2015.”.
Commencement Information
I16Reg. 17 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
18. Omit regulation 33.
Commencement Information
I17Reg. 18 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
19. Omit regulation 34(3)(a).
Commencement Information
I18Reg. 19 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
20. Omit Part 9.
Commencement Information
I19Reg. 20 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)
21. Omit regulation 46.
Commencement Information
I20Reg. 21 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)