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

Interpretation of saved provisions U.K.

14.  The modifications of the 2001 Act mentioned in [F1 paragraphs 12(2) and 13(2)] are as follows—

(a) section 46A(1) is to have effect as if, in the reference to a relevant European State other than the United Kingdom, “other than the United Kingdom” were omitted;

(b) section 77 is to have effect as if—

(i) at the appropriate place, there were inserted—

““enforceable EU right” means a right recognised and available in domestic law, immediately before [F2 IP completion day], by virtue of section 2(1) of the European Communities Act 1972;”;

(ii) in the definition of “exempt person”—

(aa) for paragraphs (a) to (c), there were substituted—

“(a) a person who, immediately before [F3 IP completion day], was a national of a relevant European State,

(b) a person who, immediately before [F3 IP completion day], was a national of the United Kingdom and, at that time, was seeking to engage in relevant social work by virtue of an enforceable EU right, or

(c) a person who, immediately before [F3 IP 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, as regards the right to engage in relevant social work, no less favourably than a national of a relevant European State;”;

(bb) in the words after paragraph (c), for “is not” there were substituted “ was not, immediately before [F3 IP completion day]”;

(iii) at the end of the definition of “the General Systems Regulations”, there were inserted—

“(a) in relation to anything done before [F4 IP completion day], as they had effect at that time;

(b) otherwise, as (and only to the extent that) they have effect, on or after [F4 IP completion day], in relation to an entitlement which arose before [F4 IP completion day] or arises as a result of anything done before [F4 IP completion day];”.

Textual Amendments

F1 Words in Sch. 9 para. 14 substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(a)

F2 Words in Sch. 9 para. 14(b)(i) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(b)

F3 Words in Sch. 9 para. 14(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(b)

F4 Words in Sch. 9 para. 14(b)(iii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 17(4)(b)

Commencement Information

I1 Sch. 9 para. 14 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)