SCHEDULE 1Amendments etc. of the principal Regulations and the 2007 Regulations

Regulation 2

PART 1Amendments of the principal Regulations coming into force before exit day

I11

The principal Regulations are amended as follows.

Annotations:
Commencement Information
I1

Sch. 1 para. 1 in force at 20.2.2019, see reg. 1(2)

I22

In Schedule 1 (regulated professions), in Part 1 (professions regulated by law or public authority), omit the entry “Child Psychotherapist employed in the National Health Service” in column 1 (profession) and the corresponding entry in column 2 (competent authority).

Annotations:
Commencement Information
I2

Sch. 1 para. 2 in force at 20.2.2019, see reg. 1(2)

I33

In Schedule 2 (regulated professions having public health and safety implications), omit the entry “Child Psychotherapist (employed in the National Health Service)”.

Annotations:
Commencement Information
I3

Sch. 1 para. 3 in force at 20.2.2019, see reg. 1(2)

I44

In Schedule 5 (appeal bodies), in the table—

a

in the entry “Approved Driving Instructor (Great Britain)”—

i

in column 1, for “Great Britain”, substitute “ England and Wales ”;

ii

in the corresponding entry in column 2, for “First-tier Tribunal”, substitute “The Magistrates' Court”;

b

above the entry “Approved Driving Instructor (Northern Ireland)”—

i

in column 1, insert “ Approved Driving Instructor (Scotland) ”;

ii

insert “ The Sheriff Court ” in the corresponding entry in column 2;

c

in relation to the entry “Notary Public in England and Wales” in column 1, in the corresponding entry in column 2, for “The Lord Chancellor”, substitute “ Chancellor of the High Court ”.

Annotations:
Commencement Information
I4

Sch. 1 para. 4 in force at 20.2.2019, see reg. 1(2)

PART 2Amendments of the principal Regulations coming into force on F1IP completion day

Annotations:
Amendments (Textual)

I395

The principal Regulations are amended as follows.

I66

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

omit the following definitions—

  • “adaptation period”

  • “another relevant European State”;

  • “aptitude test”;

  • “Commission”;

  • “common training framework”;

  • “common training test”;

  • “compensation measures”;

  • “designated competent authority”;

  • “Directive 2002/58/EC”;

  • “Directive 2006/123/EC”;

  • “enactment”;

  • “European Professional Card”;

  • “the GDPR”;

  • “host State”;

  • “IMI”;

  • “Implementing Regulation 2015”

  • “lifelong learning”;

  • “manager of an undertaking”;

  • “missing document”;

  • “overriding reasons of general interest”;

  • “professional experience”;

  • “professional rules”;

  • “relevant body”;

  • “sectoral professions”;

  • “third country”;

  • “UK applicant”;

    1. ii

      in the definition of “applicant”, for “regulation 8(3) and (4)” substitute “ regulation 8(4) ”;

    2. iii

      in the definition of “assistance centre”, omit the words from “and to issue a European Professional Card” to the end;

    3. iv

      in the definition of “competent authority”—

      1. aa

        in paragraph (a), for “(4)” substitute “ (3) ”;

      2. bb

        in paragraph (b), for “another” substitute “ a ”;

    4. v

      in the definition of “home State”, omit “or in which they lawfully practised”;

    5. vi

      in the definition of “holder”, after “competent authority of” insert “ the United Kingdom or ”;

    6. vii

      in the definition of “practice”, omit “in a relevant European State”;

    7. viii

      for the definition of “relevant European State”, substitute—

      “relevant European State” means an EEA State or Switzerland;

b

omit paragraphs (2), (3) and (6).

I77

For regulation 3 (application) substitute—

3

These Regulations do not apply in relation to—

a

any profession regulated under—

i

the Medical Act 1983 M1;

ii

the Dentists Act 1984 M2;

iii

the Opticians Act 1989 M3;

iv

the Osteopaths Act 1993 M4;

v

the Chiropractors Act 1994 M5;

vi

Part 3 of the Regulation of Care (Scotland) Act 2001 M6;

vii

Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016 M7;

viii

Part 2 of the Children and Social Work Act 2017 M8;

ix

the Nursing and Midwifery Order 2001 M9;

x

the Health F3... Professions Order 2001 M10;

xi

F4the Health and Personal Social Services Act (Northern Ireland) 2001 M11;

xii

the Pharmacy Order 2010 M12;

F5xiii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the profession of architect;

c

the profession of veterinary surgeon;

d

the profession of farrier in England, Wales and Scotland;

e

the profession of statutory auditor as defined in section 1210 of the Companies Act 2006 M13;

f

the profession of notary appointed by an official act of government;

g

any regulated profession in relation to which, immediately before F6IP completion day —

i

specific arrangements directly related to the recognition of professional qualifications were made in any EU Regulation, EU Directive, EU decision or EU tertiary legislation; and

ii

the effect of those arrangements excluded the application of the Directive.

I88

In regulation 4 (competent authorities)—

a

in paragraph (1)—

i

for “any of Parts 1 to 3” substitute “ Parts 1 and 2 ”;

ii

for “the Directive” substitute “ these Regulations ”;

b

in paragraph (2), for “the Directive”, substitute “ these Regulations ”;

c

omit paragraphs (3) and (4);

d

in paragraph (5)—

i

for “another” substitute “ a ”;

ii

in sub-paragraph (a), omit “attestation of competence,”;

iii

omit sub-paragraph (b), but not the “or” following it;

iv

omit the words from “or (as the case may be)” to the end.

I99

In regulation 5 (functions of competent authorities in the United Kingdom)—

a

omit paragraphs (2) and (3);

b

for paragraph (4), substitute—

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.

c

for paragraph (5), substitute—

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.

d

omit paragraphs (7) and (9);

e

in paragraph (10), for “regulations 21 and” substitute “ regulation ”;

f

after paragraph (11), insert—

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.

I1010

In regulation 6(2), omit “or the issue of a European Professional Card”.

I511

In regulation 7—

a

in paragraph (1)—

i

after “request” insert “ by an applicant ”;

ii

in sub-paragraph (a), for “another” substitute “ a ”;

b

after paragraph (4), insert—

5

In this regulation, “third country” means a country other than a relevant European State.

I1112

In regulation 8 (regulated profession, regulated education and training and applicants)—

a

in paragraph (1)—

i

in sub-paragraph (a)(i), for “any of Parts 1, 3 and 4” substitute “ Part 1 ”;

ii

in paragraph (b), for “another” substitute “ a ”;

b

in paragraph (2)—

i

after “of a profession in” insert “ the United Kingdom or ”;

ii

after “provisions of” insert “ the United Kingdom or, as the case may be, ”;

iii

after “competent authority in” insert “ the United Kingdom or, as the case may be ”;

c

omit paragraph (3);

d

in paragraph (4)—

i

in the opening words, omit “, 2” and “, including Part 4,”;

ii

in sub-paragraph (a)—

aa

for “wishes” substitute “ applies for authorisation ”;

bb

omit “on a permanent basis”;

iii

at the end of that sub-paragraph, insert “ and ”;

iv

omit sub-paragraph (b);

v

in sub-paragraph (c), omit “or a third country;”;

vi

omit sub-paragraph (d), and the “and” immediately before that sub-paragraph.

I1213

In regulation 9 (professional qualifications and evidence of formal qualifications)—

a

in paragraph (1), omit “, subject to paragraph 12(2)”;

b

omit paragraph (1)(b) and (c);

c

in paragraph (2)(a), insert “ the United Kingdom or ” after “authority in” and “mainly in”;

d

omit paragraph (2)(b) and the “or” before that paragraph.

I1314

Omit regulations 10 (partial access) and 11 (procedure applicable to partial access applications).

I1415

Omit Part 2: (regulations 12 to 26: freedom to provide services on a temporary and occasional basis).

I1516

For the heading to Part 3 (freedom of establishment), substitute “ Applications for Authorisation ”.

I1617

In regulation 27 (levels of qualification), omit paragraph (a).

I1718

Omit regulation 28 (equal treatment of qualifications).

I1819

In regulation 29 (conditions for recognition)—

a

for paragraph (1) substitute—

1

If access to, or pursuit of, a regulated profession in the United Kingdom is contingent on possession of specific qualifications, a competent authority must permit access to, and pursuit of, that profession to an applicant, where that applicant possesses evidence of formal qualifications required by a relevant European State, where the profession is regulated, in order to gain access to and pursue the same profession in that relevant European State.

b

after paragraph (1), insert—

1A

The requirement on the competent authority in paragraph (1) does not apply where—

a

the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or

b

the regulated profession in the United Kingdom—

i

comprises one or more regulated professional activities which do not exist in the profession in the applicant's home State; and

F7ii

requires specific training that covers substantially different matters from those covered by the applicant’s evidence of formal qualifications; or

c

the level of the professional qualifications of the applicant is lower than the level of the specific professional qualifications required to access and pursue the regulated profession in the United Kingdom;

1B

In paragraph (1A), “substantially different matters” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.

c

in paragraph (2)—

i

omit “Attestations of competence or”;

ii

in sub-paragraph (a), for “another” substitute “ a ”;

iii

omit sub-paragraph (b);

d

for paragraph (3), substitute—

3

Nothing in paragraphs (1) or (1A) prevents a competent authority from exercising any other powers it may have to permit an applicant to access and pursue a regulated profession.

e

omit paragraphs (4) and (5).

I1920

Omit regulations 30 (compensation measures – adaptation periods and aptitude tests) to 37.

I2021

For the heading to Chapter 4 (common provisions on establishment), substitute “ General Provisions ”.

I2122

In regulation 38 (documentation and formalities)—

a

for paragraph (1), substitute—

1

When considering an application for authorisation to pursue a regulated profession, the competent authority may require any information or documentation necessary to enable the competent authority to assess the application, including—

a

evidence of formal qualifications, and any information necessary to determine the level and content of those qualifications;

b

information concerning the applicant's training to the extent necessary to determine the existence of potential substantial differences to the training requirements in the United Kingdom;

c

the applicant's fitness to practice and professional or financial standing; and

d

the applicant's insurance cover.

b

omit paragraph (2).

I2223

In regulation 39—

a

in paragraph (1)—

i

for “require”, substitute “ request ”;

ii

omit “attestations and” and “other”;

b

in paragraph (3), for “require”, substitute “ request ”;

c

after paragraph (3) insert—

4

Where a competent authority of another relevant European State does not provide the confirmation required or the verification sought by a competent authority under this regulation before the expiry of the time limit for notifying the applicant of its decision under regulation 42(2), the competent authority may refuse the application.

I2324

Omit regulations 40 and 41.

I2425

In regulation 42 (decisions of competent authorities)—

a

in paragraph (1), for “to establish himself” substitute “ for authorisation to practise ”

b

in paragraph (2), for sub-paragraphs (a) and (b), substitute “ within four months ”;

c

omit paragraph (5).

I2526

In regulation 43 (use of professional titles), omit paragraph (4).

I2627

Omit Part 4: (regulations 44 to 63: European Professional Card).

I2728

Omit Part 5: (regulations 64 and 65: automatic recognition on the basis of common training principles).

I2829

In regulation 66 (exchange of information)—

a

in paragraph (1), for the words from “must exchange” to “other”, substitute “ may exchange information with competent authorities of ”;

b

in paragraph (2)—

i

for “home State” substitute “ United Kingdom ”;

ii

for “another” substitute “ a ”;

c

in paragraph (3), for the words from “rules” to the end, substitute “ legislation within the meaning of section 3(9) of the Data Protection Act 2018 ”.

I2930

Omit regulation 67 (alert mechanism).

I3031

In regulation 68 (appeals)—

a

in paragraph (1), for the words “any one of regulations 6(1), 10, 13(2), 42(2) or under Part 4” substitute “ either regulation 6(1) or 42(2) ”;

b

omit paragraph (2);

c

in paragraph (3), omit “or (2)”;

d

in paragraph (4), for “regulation 6(1), 10, 13(2), 42(2), 62 or 63” substitute “regulation 6(1) or 42(2);

e

for paragraph (5), substitute—

5

In paragraph (3), “enactment” includes—

a

an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and

b

an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act.

I3132

In regulation 69 (use of academic titles), in paragraph (1), for “regulations 18 and” substitute “ regulation ”.

I3233

In regulation 70 (assistance centre)—

a

in paragraph (1)—

i

in sub-paragraph (a), omit—

aa

“and the assistance centres of other relevant European States”; and

bb

“where appropriate the availability and functioning of the European Professional Card”;

ii

for sub-paragraph (b), substitute—

b

on receipt of an enquiry, assist applicants in exercising the rights conferred on them by these Regulations, in co-operation where appropriate, with points of single contact and competent authorities in the United Kingdom.

b

in paragraph (2), for “Commission”, in both places it appears, substitute “ Secretary of State ”.

I3334

In regulation 71 (information from competent authorities)—

a

in paragraph (1), for “the Directive”, substitute “ these Regulations ”;

b

in paragraph (2), omit the words from “, including the types of decisions” to the end.

I3435

In regulation 72 (review), omit paragraph (2).

I3536

In regulation 78 (transitional and saving provision), omit paragraphs (1) and (3).

I3637

In Schedule 1 (regulated professions) —

a

in Part 1, omit the following entries in column 1 (profession) and their corresponding entries (if applicable) in column 2 (competent authority)—

i

Chiropractor;

ii

Dental Hygienist;

iii

Dental Therapist

iv

Clinical Dental Technician;

v

Dental Nurse;

vi

Dental Technician;

vii

Orthodontic Therapist;

F8viia

Farrier in England, Wales and Scotland;

viii

Arts Therapist;

ix

Biomedical Scientist;

x

Chiropodist and Podiatrist;

xi

Clinical Scientist;

xii

Dietitian;

xiii

Hearing Aid Dispenser;

xiv

Occupational Therapist;

xv

Operating Department Practitioner;

xvi

Orthoptist;

xvii

Paramedic;

xviii

Physiotherapist;

xix

Prosthetist and Orthotist;

xx

Radiographer;

xxi

Practitioner psychologist (a registered psychologist, clinical psychologist, counselling psychologist, educational psychologist, forensic psychologist, health psychologist, occupational psychologist or sport and exercise psychologist);

xxii

Social Worker in England;

xxiii

Social Worker in Northern Ireland;

xxiv

Social Worker in Scotland;

xxv

Social Worker in Wales;

xxvi

Social Care Manager in Wales;

xxvii

Speech and Language Therapist;

xxviii

Nurse (other than a nurse admitted to Sub-Part 1 of the nurses' part of the register maintained by the Nursing and Midwifery Council whose field of practice is adult nursing);

xxix

Nursing Associate in England;

xxx

Optometrist (Ophthalmic Optician);

xxxi

Dispensing Optician;

xxxii

Osteopath;

xxxiii

Pharmacy Technician in Great Britain;

b

omit Parts 3 and 4.

I3738

Omit Schedules 2, 3, and 4.

I3839

In Schedule 5 (appeal bodies), in the first column, omit the following entries in column 1 (profession) and their corresponding entries in column 2 (body, court or person)—

a

Social Worker in Northern Ireland;

b

Social Worker in Wales.

F2PART 3Transitional and saving provision

Annotations:
Amendments (Textual)

Saving of decisions etc. taken before IP completion dayI4040

The amendments and revocations made by these Regulations do not affect the validity of any action or decision taken or right accrued under the principal Regulations or the 2007 Regulations before IP completion day, except as provided in this Part.

Language testing – transitional and saving provisionI4141

1

Where a competent authority has recognised a professional qualification—

a

before IP completion day, under the principal Regulations; or

b

pursuant to paragraph 44,

the provisions of the principal Regulations specified in sub-paragraph (2) continue to apply on and after IP completion day as they had effect immediately before IP completion day.

2

The specified provisions are—

a

regulation 6;

b

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

c

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

Temporary and occasional provision of services – Part 2 of the principal Regulations - transitional and saving provisionI4242

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, and, on IP completion day, has not lost entitlement to provide services.

2

The provisions of the principal Regulations relating to the provision of services on a temporary and occasional basis continue to apply on and after IP completion day in relation to the applicant concerned, as they had effect immediately before IP completion day 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 sub-paragraph (3); or

b

30th January 2021.

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

in paragraph (2), “, using the IMI procedure” were omitted;

ii

paragraph (3) were omitted;

iii

in paragraph (5), 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”;

iv

paragraph (7) were omitted;

v

for paragraph (8), there were substituted—

8

Where a competent authority asks for advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market for the completion of procedures referred to in paragraph (6), it must act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).

vi

paragraph (9) were omitted;

vii

in paragraph (10), for “regulations 21 and 42” there were substituted “regulation 21”;

viii

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 21, the competent authority may refuse the provision of services.

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

paragraph (3) 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 such period as may be specified in the request, 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

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”;

h

Parts 4 and 5 are to be ignored;

i

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”;

j

regulation 67 is to be ignored F9...;

k

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.

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”.

Temporary and occasional provision – transitional and saving provision relating to certain sectoral professionsI4343

1

In connection with the provisions referred to in sub-paragraph (2), so far as they continue to have effect after IP completion day—

a

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);

b

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.

2

The provisions are—

a

Schedule 1B to the Veterinary Surgeons Act 1966;

b

Schedule 2A to the Medical Act 1983;

c

Schedule 4 to the Dentists Act 1984;

d

Schedule 2A to the Nursing and Midwifery Order 2001;

e

Schedule 2 to the Pharmacy Order 2010.

Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the principal Regulations - transitional and saving provisionI4444

1

This paragraph applies where—

a

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

b

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

2

For the purposes of sub-paragraph (1), an application is finally determined when—

a

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

b

either—

i

the period for appeal against that decision under the principal Regulations has expired without an appeal being made; or

ii

an appeal made under regulation 68(1) of the principal Regulations against a decision taken or deemed to be taken under regulations 10 or 42(2) has been determined.

3

The provisions of the principal Regulations continue to apply on and after IP completion day as they had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (4), in relation to—

a

the application concerned; and

b

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.

4

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” in regulation 2(1);

b

regulation 5 is to be read as if—

i

in paragraph (2), after “IMI procedure” there were inserted “where appropriate in accordance with Article 29(2) of the withdrawal agreement”;

ii

paragraph (3) were omitted;

iii

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.

iv

in paragraph (5), 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.”;

v

for paragraph (8) there were substituted—

8

Where a competent authority asks for advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market for the completion of procedures referred to in paragraph (6), it must act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).

vi

paragraph (9) were omitted;

vii

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

c

regulation 41 is to be ignored;

d

regulation 42(5) is to be ignored;

e

Parts 4 and 5 are to be ignored;

f

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”;

g

regulation 67 is to be ignored F10...;

h

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.

5

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

a

before amendment made by Part 2; and

b

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

Administrative co-operation under the withdrawal agreement and the EEA EFTA separation agreementI4545

1

This paragraph applies where an individual has, before IP completion day, made an application falling under Article 28 of the withdrawal agreement or Article 27 of the EEA EFTA separation agreement to a competent authority in a European State for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom.

2

Where sub-paragraph (1) applies, the competent authority in the United Kingdom—

a

must cooperate with the competent authority or assistance centre in the European State, or with the individual (as the case may be), in accordance with—

i

regulation 5(2), (4) and (5) of the principal Regulations, as modified in accordance with paragraph 44(4)(b), and

ii

regulation 5(3) of the principal Regulations; and

b

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.

3

Competent authorities in the United Kingdom must exchange information for the purposes of sub-paragraph (2) in accordance with data protection 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.

4

In this paragraph, a reference to the principal Regulations is to those Regulations as they had effect immediately before IP completion day, and—

  • “competent authority” has the meaning in regulation 2(1) of the principal Regulations; and

  • “European State” means an EEA State other than the United Kingdom.

Certificates of Experience – Chapter 3 of Part 3 of the principal Regulations - transitional and saving provisionI4646

1

Where, before IP completion day, a person has applied to ECCTIS Limited for a Certificate of Experience under regulation 36 of the principal Regulations—

a

that regulation; and

b

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

continue to apply on and after IP completion day as they had effect immediately before IP completion day in relation to that application.

2

Regulation 37 continues to apply on and after IP completion day as it had effect immediately before IP completion day in relation to any Certificate of Experience issued by ECCTIS under the principal Regulations.

Alert mechanism – saving provisionI4747

1

This paragraph applies where a designated competent authority has, before IP completion day, sent an alert under regulation 67 of the principal Regulations.

2

F11Regulation 68 of the principal Regulations continues to apply on and after IP completion day as it had effect immediately before IP completion day, but subject to the modification specified in sub-paragraph (3), in relation to any appeal made in relation to the decision to send an alert.

3

F12The modification to the principal Regulations is that regulation 68(5)(b) is to be read as if the words “and direct the alert be withdrawn or amended accordingly” were omitted.

The 2007 Regulations – Temporary and occasional provision of services - transitional and saving provisionI4848

1

This paragraph applies where, before exit day, an applicant has submitted or renewed a declaration in accordance with regulation 11 of the 2007 Regulations to the appropriate competent authority, and, on IP completion day, has not lost entitlement to provide services.

2

The provisions of the 2007 Regulations relating to the provision of services on a temporary and occasional basis continue to apply on and after IP completion day in relation to the applicant concerned, as they had effect immediately before IP completion day, 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 11(2)(c) would have been required but for the modification specified in sub-paragraph (3); or

b

30th January 2021.

3

The modifications to the 2007 Regulations are as follows—

a

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

b

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

c

regulation 11 is to be read as if—

i

paragraph (2)(c) and the “and” immediately before it were omitted;

ii

paragraph (3) were omitted;

d

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

e

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

f

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

3

If the competent authorities of the home State fail to provide the information requested under paragraph (1)(a) within such period as may be specified in the request, 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.

g

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”.

4

In this paragraph, “applicant” has the meaning in regulation 6(3) of the 2007 Regulations, as those Regulations had effect immediately before IP completion day, but does not include a relevant applicant as defined in paragraph 49(2).

Temporary and occasional provision of services – additional rights under the Swiss citizens’ rights agreementI4949

1

This paragraph applies in relation to a relevant applicant.

2

In this paragraph, a “relevant applicant” means an individual—

a

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;

b

who began providing the services described in paragraph (a) either—

i

before IP completion day, in an employed or self-employed capacity; or

ii

on or after IP completion day, as an employee posted for the purpose of carrying on professional activities in the United Kingdom by their employer who is established in the United Kingdom or Switzerland;

c

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;

d

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

e

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,

and “third country” and “same profession” have the meanings in regulation 2(1) of the 2007 Regulations as they had effect immediately before IP completion day.

3

The provisions of the 2007 Regulations relating to the provision of services on a temporary and occasional basis continue to apply on and after IP completion day in relation to a relevant applicant, as they had effect immediately before IP completion day but subject to the modifications specified in sub-paragraph (4), until—

a

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

b

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.

4

The modifications to the 2007 Regulations referred to in sub-paragraph (3) are as follows—

a

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

b

regulation 5 is to be read as if—

i

for “other relevant European States” in paragraphs (2)(a) and (b) and (3), and “another relevant European State which regulates that profession” in paragraph (5), there were substituted “Switzerland”;

ii

for paragraph (7), there were substituted—

7

A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

c

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;

d

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

e

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

f

regulation 12 is to be read as if—

i

in paragraph (1), after sub-paragraph (a) the “or” were omitted and there were inserted—

aa

for the first renewal of the declaration following IP completion day, or

ii

in paragraph (2)—

aa

in sub-paragraph (a), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

bb

in sub-paragraph (b), for “another relevant European State” there were substituted “Switzerland”;

cc

after sub-paragraph (e), there were inserted—

f

evidence of the written contract which was concluded, and the performance of which started, before IP completion day.

g

regulation 17(1) is to be read as if—

i

after sub-paragraph (a), the “or” were omitted;

ii

after sub-paragraph (b) there were inserted—

c

the applicant ceases for any reason other than one falling within sub-paragraph (b) to be established for the purposes of pursuing that profession in Switzerland; or

d

the applicant ceases to provide services pursuant to a written contract which was concluded, and the performance of which started, before IP completion day.

h

regulation 18(1) is to be read as if—

i

in sub-paragraph (a), for “the home State” there were substituted “Switzerland”;

ii

in sub-paragraph (b), for “other relevant European States” there were substituted “Switzerland”;

i

regulation 19 is to be read as if—

i

for “the home State”, in both places it occurs, there were substituted “Switzerland”;

ii

in paragraph (e), 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 identification number”.

Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the 2007 Regulations - transitional and saving provisionI5050

1

This paragraph applies where—

a

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

b

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

2

For the purposes of sub-paragraph (1), an application is finally determined when—

a

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

b

either—

i

the period for appeal against that decision under the 2007 Regulations has expired without an appeal being made; or

ii

an appeal made under regulation 36(1) of the 2007 Regulations against a decision taken or deemed to have been taken under regulation 34 has been determined.

3

The provisions of the 2007 Regulations continue to apply on and after IP completion day as they had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (4), in relation to—

a

the application concerned; and

b

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.

4

The modifications to the 2007 Regulations are as follows—

a

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

b

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

7

A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

5

In this paragraph, “applicant” has the meaning in regulation 6(3) of the 2007 Regulations, as those Regulations had effect immediately before IP completion day.

Qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreementI5151

1

This paragraph applies in relation to a qualifying applicant.

2

In this paragraph, a “qualifying applicant” means an individual who—

a

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;

b

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

c

has obtained a relevant qualification;

d

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

e

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.

3

In this paragraph, “relevant qualification” means —

a

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

b

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

c

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;

d

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.

4

In this paragraph—

  • “Directive 2005/36/EC” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day;

  • “competent authority”, “professional qualification” and “third country” have the meanings in regulation 2(1) of the 2007 Regulations as they had effect immediately before IP completion day.

5

Where a qualifying applicant makes an application to a competent authority for recognition of a relevant qualification before the end of the period of four years beginning with IP completion day, the provisions of the 2007 Regulations continue to apply on and after IP completion day as those Regulations had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (6), in relation to—

a

the application concerned; and

b

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

6

The modifications to the 2007 Regulations are as follows—

a

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

b

regulation 5 is to be read as if—

i

in paragraph (5), for “another relevant European State which regulates that profession” there were substituted “Switzerland”;

ii

for paragraph (7), there were substituted—

7

A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

c

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.

Certificates of Experience – Chapter 3 of Part 3 of the 2007 Regulations - transitional and saving provisionI5252

1

Where, before IP completion day, a person has applied to ECCTIS Limited for a Certificate of Experience under regulation 29 of the 2007 Regulations—

a

that regulation; and

b

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

continue to apply on and after IP completion day as they had effect immediately before IP completion day in relation to that application.

2

Regulation 30 of the 2007 Regulations continues to apply on and after IP completion day as it had effect immediately before IP completion day in relation to any Certificate of Experience issued by ECCTIS under the 2007 Regulations.

Further provisions relating to the Swiss citizens’ rights agreementI5353

1

In dealing with a relevant applicant (as defined in paragraph 49(2)) who provides services in the United Kingdom pursuant to paragraph 49, a competent authority must treat the applicant no less favourably than it would treat a native applicant (as defined in regulation 2(1) of the 2007 Regulations) providing services in the United Kingdom.

2

Where an individual is providing services on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the appropriate competent authority in the United Kingdom must cooperate with and provide the appropriate competent authority in Switzerland with any information relevant to the legality of the individual’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature, in accordance with regulation 5(2), (3) and (4) of the 2007 Regulations.

3

Where an individual has made or makes an application falling within Article 31(1) or Article 32(1) or (5) of the Swiss citizens’ rights agreement to a competent authority in Switzerland for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom, the appropriate competent authority in the United Kingdom must cooperate with and provide information to the competent authority or contact point in Switzerland, or the individual (as the case may be), in accordance with regulation 5(2) to (7) of the 2007 Regulations.

4

Competent authorities in the United Kingdom must exchange information for the purposes of sub-paragraphs (2) and (3) in accordance with data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.

5

An individual, in connection with the recognition of professional qualifications in Switzerland pursuant to Article 31(1) or Article 32(1) or (5) of the Swiss citizens’ rights agreement, may make an application to ECCTIS Limited for a Certificate of Experience, and where that individual does so—

a

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

b

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.

6

In this paragraph, a reference to the 2007 Regulations is to those Regulations as they had effect immediately before IP completion day, and “competent authority” has the meaning in regulation 2(1) of the 2007 Regulations.