The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2019

Internal Market Information System (IMI) Alerts E+W

19.—(1) This regulation applies where—

(a) before [F1 IP completion day], a person is given notice of a decision made under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015 to send an alert about the person, and

(b) either—

(i) the time limit for appeal against the decision under section 105(1)(c) of the 2016 Act expires on or after [F1 IP completion day], or

(ii) an appeal against the decision under that section is made, but not finally determined, before [F1 IP completion day].

(2) Despite the amendments made by Part 1, the following provisions of the 2016 Act continue to apply in relation to the decision on and after [F1 IP completion day] as they applied before [F1 IP completion day]—

(a) in section 66(1), the definition of “the General Systems Regulations”;

(b) in section 90(8), the definition of “the General Systems Regulations”;

(c) section 105(1) (but not paragraphs (a) and (b) of that subsection and subject to the modification specified in paragraph (3) of this regulation).

(3) For the purposes of paragraph (2)(c), section 105(1)(c) of the 2016 Act is to be read as if for “those Regulations” there were substituted “the General Systems Regulations (as they had effect at the time SCW's M1 decision was made)”.

(4) In disposing of an appeal against the decision on or after [F1 IP completion day], the tribunal has (instead of the powers specified in section 105(5) of the 2016 Act) the power—

(a) to confirm the decision, or

(b) if the tribunal considers that the alert should be withdrawn or amended, to direct that Social Care Wales take such steps as the tribunal thinks fit to notify the European Commission of the tribunal's decision.

Textual Amendments

F1 Words in reg. 19 substituted (31.12.2020 immediately before IP completion day) by The Regulation and Inspection of Social Care (Qualifications) (Wales) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1626), regs. 1(2), 13

Commencement Information

I1 Reg. 19 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 See section 67(3) of the 2016 Act for the definition of Social Care Wales (“SCW”).