Visiting dental care professionals: saving of old law for up to [five years] U.K.
This section has no associated Explanatory Memorandum
38.—(1) Where—
(a)a person had, immediately before [IP completion day], the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of relevant dental care services (and section 36Z3(3) of the 1984 Act accordingly applied to the person), and
(b)the person continues to have that benefit on or after [IP completion day],
any provision made by or under the 1984 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dental care professionals from relevant European states [(but subject, in the case of a Swiss visiting dental care professional, to the modifications to the 1984 Act specified in sub-paragraph (4))].
[(1A) For the purposes of this paragraph, “Swiss visiting dental care professional” means a visiting dental care professional who is a relevant applicant.
(1B) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide relevant dental care services for a period not exceeding 90 days in total in any calendar year.]
(2) Sub-paragraph (1) ceases to apply in relation to a visiting dental care professional—
(a)in respect of a title under which the professional is registered as required by section 36Z3(3), when the person's name is erased under section 36Z3(6) of the 1984 Act;
(b)in respect of any other title, when the person's entitlement ceases by reason of the operation of section 36Z3(5) of the 1984 Act.
[(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting dental care professional.
(2B) But a Swiss visiting dental care professional’s entitlement does not continue (or further continue) under section 36Z3 of the 1984 Act on or after the end of the visiting practitioner transitional period.
(2C) In this paragraph, “Swiss visiting dental care professional” means a visiting dental care professional who—
(a)is a national of the United Kingdom or is a Swiss national, or
(b)is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a dental care profession dental care, no less favourably than a national of the United Kingdom or Switzerland.]
(3) In sub-paragraph (1)—
(a)“relevant dental care services” means services that were “relevant services” within the meaning of section 36Z3(11) of the 1984 Act, as it had effect immediately before [IP completion day];
(b)the reference to “the provisions relating to visiting dental care professionals from relevant European states” is to the provisions listed in the following table.
Act or instrument | Provision relating to visiting professionals |
---|
The 1984 Act | section 36B(1A) |
section 36CA(14) |
section 36E |
[section 36F(1) and (1A)] |
section 36L(11) |
section 36Z3 |
section 36Z4 |
in section 53(1), the definitions of “competent authority”, “exempt person”, “the General Systems Regulations”, and “national” |
Schedule 4A, paragraph 2(1)(i) |
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 | rule 1(2) |
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 | rule 1(3) |
[(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—
(a)section 36Z3 is to be read as if—
(i)in subsection (1)—
(aa)for “an exempt person” there were substituted “a relevant applicant”;
(bb)for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;
(ii)after subsection (1) there were inserted—
“(1A) In this section, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”;
(b)section 36Z4 is to be read as if, in subsection (4), for the words from “the relevant” to the end there were substituted “Switzerland”;
(c)section 53(1) is to be read as if, in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”.]
Textual Amendments
Commencement Information