The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

before IP completion day, under the principal Regulations; or

pursuant to paragraph 44,

regulation 6;

regulation 68, so far as it relates to appeals against a decision of a competent authority under regulation 6(1); and

any other provision of the principal Regulations so far as they relate to those provisions.

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 sub-paragraph (3); or

30th January 2021.

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

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

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

regulation 26(e) is to be read as if for the words from “the VAT identification” to the end there were substituted “the country in which the applicant is VAT registered and the applicant’s VAT registration number”;

Parts 4 and 5 are to be ignored;

regulation 67 is to be ignored, save to the extent that paragraph 47 of this Schedule applies;

regulation 68, so far as it relates to an appeal under regulation 67, is to be ignored, save to the extent that paragraph 47 of this Schedule applies.

before amendment made by Part 2; and

with the omission of the words “including Part 4”.

regulations 3(9), 9 and 14 to 16 of the 2007 Regulations, as well as any other provision of those Regulations which, immediately before IP completion day, applied in connection with regulations 9 and 14 to 16, continue to apply as they applied immediately before IP completion day, by virtue of regulation 78(3) of the principal Regulations, but with the modifications specified in paragraph 48(3) or 49(3) of this Schedule (as the case may be);

regulations 3(8), 13 and 19 to 23 of the principal Regulations, as well as any other provision of those Regulations which, immediately before IP completion day, applied in connection with regulations 13 and 19 to 23, continue to apply without the amendments made by Part 2, but with the modifications specified in paragraph 42(3) of this Schedule.

Schedule 1B to the Veterinary Surgeons Act 1966;

Schedule 2A to the Medical Act 1983;

Schedule 4 to the Dentists Act 1984;

Schedule 2A to the Nursing and Midwifery Order 2001;

Schedule 2 to the Pharmacy Order 2010.

before IP completion day, an applicant has made an application to a competent authority or to a point of single contact under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the principal Regulations; and

the application has not been finally determined before IP completion day.

the competent authority has notified or is deemed to have notified the applicant of its decision; and

the application concerned; and

any appeal under regulation 68(1) of the principal Regulations against a decision taken or deemed to be taken under regulations 10 or 42(2) in relation to that application.

the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

regulation 41 is to be ignored;

regulation 42(5) is to be ignored;

Parts 4 and 5 are to be ignored;

regulation 66(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 and through use of the IMI procedure where appropriate, in accordance with Article 29(2) of the withdrawal agreement”;

regulation 67 is to be ignored, save to the extent that paragraph 47 of this Schedule applies;

regulation 68, so far as it relates to an appeal under regulation 67, is to be ignored, save to the extent that paragraph 47 of this Schedule applies.

before amendment made by Part 2; and

with the omission of the words “including Part 4”.

for the purposes of paragraph (a), may exchange information with the European State competent authority regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual.

that regulation; and

any other provision of the principal Regulations so far as it relates to regulation 36,

the decision to send the alert; and

any appeal made in relation to that decision.

regulations 67(1) to (6) are to be ignored;

regulation 67(8) is to be read as if for “qualify the alert to show that it” there were substituted “notify the Commission that the alert”;

regulation 67(9) is to be read as if for the words from “delete” to “it”, there were substituted “notify the Commission within three days of a decision revoking the alert”;

regulation 68(5) is to be read as if for sub-paragraph (b) there were substituted—

the day before that on which renewal of the declaration in accordance with regulation 11(2)(c) would have been required but for the modification specified in sub-paragraph (3); or

30th January 2021.

the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

regulation 5 is to be read as if paragraphs (5) and (7) were omitted;

regulation 16(5) is to be read as if after “the applicant may” there were inserted “not”;

regulation 17 is to be read as if paragraphs (2), (3) and (4) were omitted;

regulation 18 is to be read as if after paragraph (2), there were inserted—

regulation 19(e) is to be read as if for the words from “the VAT identification” to the end there were substituted “the country in which the applicant is VAT registered and the applicant’s VAT registration number”.

who provides services in a regulated profession in the United Kingdom on a temporary and occasional basis on the basis of a written contract which was concluded, and the performance of which started, before IP completion day;

who is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either state, for the purposes of access to and pursuit of a regulated profession;

who is legally established in Switzerland for the purpose of pursuing the same profession there; and

who, if neither the regulated profession the individual wishes to access and pursue in the United Kingdom nor the education and training leading to it is regulated in Switzerland, has pursued that profession in Switzerland for at least two years during the ten years preceding the provision of services in the United Kingdom,

the end of the period of five years beginning with IP completion day; or

where the period referred to in paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, the end of that period as extended.

the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

in regulation 6(3), the definition of “applicant” is to be read as meaning a relevant applicant as defined in sub-paragraph (2) of this paragraph;

regulation 10(1) is to be read as if for “another relevant European State” there were substituted “Switzerland”;

regulation 11(1) is to be read as if for “another relevant European State” there were substituted “Switzerland”;

before IP completion day, an applicant has made an application to a competent authority under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the 2007 Regulations; and

the application has not been finally determined before IP completion day.

the competent authority has notified or is deemed to have notified the applicant of its decision; and

the application concerned; and

any appeal under regulation 36 of the 2007 Regulations against a decision taken or deemed to have been taken under regulation 34 in relation to that application.

the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

regulation 5 is to be read as if for paragraph (7), there were substituted—

is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either state, for the purposes of access to and pursuit of a regulated profession;

wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity;

has obtained a relevant qualification;

if that relevant qualification was obtained in a third country, has three years’ professional experience in the profession concerned in the territory of Switzerland and certified by a competent authority in Switzerland; and

if that relevant qualification is a professional qualification obtained in an EEA State, is legally established in Switzerland, unless the individual is a Swiss national.

a professional qualification obtained in an EEA State or Switzerland before IP completion day;

a professional qualification started in an EEA State or Switzerland before IP completion day but completed after IP completion day;

a third country professional qualification recognised by a competent authority in Switzerland pursuant to Article 2(2) of Directive 2005/36/EC before IP completion day;

a third country professional qualification for which an application for recognition pursuant to Article 2(2) of Directive 2005/36/EC has been submitted to a competent authority in Switzerland before IP completion day, where that application is successful after IP completion day.

the application concerned; and

any appeal under regulation 36 of the 2007 Regulations against a decision made under regulation 34 in relation to that application.

the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

in regulation 6(4), the definition of “applicant” is to be read as meaning a qualifying applicant as defined in sub-paragraph (2) of this paragraph.

that regulation; and

any other provision of the 2007 Regulations so far as it relates to regulation 29,

regulation 29 of the 2007 Regulations, and any other provision of the 2007 Regulations so far as it relates to regulation 29, applies on and after IP completion day in relation to that application; and

regulation 30 of the 2007 Regulations applies on and after IP completion day in relation to any Certificate of Experience issued by ECCTIS under the 2007 Regulations.