The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

Interpretation of saved provisionsU.K.

This section has no associated Explanatory Memorandum

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)there were inserted at the appropriate place—

““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)in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—

“(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;”;

(iii)in the definition of “General Systems Regulations” [F3(other than in that definition as it is saved by paragraph 25A)], at the end there were inserted—

“(a)in relation to anything done before [F4IP completion day], as they had effect at that time;

(b)otherwise, as (and only to the extent that) they have effect, on or after [F4IP completion day], in relation to an entitlement which arose before [F4IP completion day] or arises as a result of something done before [F4IP completion day];”;

(b)in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

Textual Amendments

Commencement Information

I1Sch. 5 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)