SCHEDULE 5Opticians
PART 2Savings and transitional provision
Interpretation of saved provisions
28.
Where a provision continues to apply by virtue of this Part, it is to be read as if—
(a)
in section 36(1) of the 1989 Act—
(i)
““enforceable EU right” means a right recognised and available in domestic law, immediately before F1IP completion day, by virtue of section 2(1) of the European Communities Act 1972;”;
(ii)
“(a)
a person who, immediately before F2IP completion day, was a national of a relevant European State,
(b)
a person who, immediately before F2IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession by virtue of an enforceable EU right, or
(c)
a person who, immediately before F2IP completion day, was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;”;
(b)
in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.