F1PART 4Swiss citizens’ rights agreement
Transitional provisionI137
1
This regulation and regulations 38 to 47 apply to —
a
a relevant applicant for the purposes of regulation 33;
b
a qualifying applicant for the purposes of regulation 34.
2
Subject to paragraph (3)—
a
the provisions of the 1997 Act 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 regulations 39 to 47, until—
i
the end of the period of five years beginning with IP completion day; or
ii
where the period referred to in paragraph (i) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, the end of that period as extended;
b
F2subject to sub-paragraph (c), the provisions of the 1997 Act continue to apply to a qualifying applicant on and after IP completion day as they had effect immediately before IP completion day without the amendments made by Part 2 of these Regulations, but subject to the modifications specified in regulations 39 to 47, in relation to—
i
the application concerned; and
ii
any appeal made under section 22 of the 1997 Act against a decision under that Act in relation to that application;
F3c
where the qualifying applicant is a UK or Swiss national, sub-paragraph (b) only applies in relation to—
i
an application for registration made before the end of the period of four years beginning with IP completion day; and,
ii
any appeal made under section 22 of the 1997 Act in relation to such an application.
3
The provisions of the 1997 Act mentioned in regulations 39 to 47 cease to have effect in relation to a qualifying applicant at the end of the period of four years beginning with IP completion day unless—
a
the qualifying applicant is registered under section 4(2A) of the 1997 Act immediately before the end of that period;
b
the qualifying applicant had applied before the end of that period for registration under section 4(2A) of the 1997 Act and—
i
that application had not been decided before the end of that period;
ii
the application had been refused by the Registrar and an appeal against that decision had not been finally determined or withdrawn before the end of that period; or
iii
the application had been refused by the Registrar but an appeal against that decision was not made within that period;
c
the qualifying applicant’s registration as a registered architect was suspended before the end of the period of four years beginning with IP completion day and that suspension does not end within that period; or
d
the qualifying applicant’s name was not re-entered or the qualifying applicant’s name was removed from the Register by the Board before the end of the period of four years beginning with IP completion day and—
i
an appeal against that decision of the Board had not been finally determined or withdrawn before the end of that period; or
ii
an appeal against that decision of the Board was not made within that period.
Pts. 3, 4 substituted for Pt. 3 (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), reg. 1(3), Sch. 3 para. 4