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

Type Statutory-Instrument

Publication 2019-03-14

Last updated 2022-02-24

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(i) in sub-paragraph (2)—

(aa) omit “, (aa)”;

(bb) for “, (i) or (j)” substitute “ or (i) ”;

(ii) omit sub-paragraphs (3) and (4);

(d) in paragraph 4(1)(b), omit “or (4)”.

29

Omit Schedule 4 (visiting dentists from relevant European states) .

30

Omit Schedule 4ZA (designation of competent authority) .

31

In Schedule 4A (registration appeals) —

(a) in paragraph 1—

(i) in the definition of “appealable registration decision”, omit “and (4)”;

(ii) in the definition of “person concerned”, omit “or (4)”;

(iii) in the definition of “the requisite period”, omit “(ab),”;

(b) in paragraph 2(1)—

(i) omit paragraphs (aa) and (ab);

(ii) omit paragraph (i) and the “and” before it;

(d) in paragraph 4(1)(b), omit “or (4)”.

European Primary and Specialist Dental Qualifications Regulations 1998

32

(1) The 1998 Regulations are amended as follows.

(2) In regulation 2 (interpretation) , in paragraph (1)—

(a) for the definition of “the Directive” substitute—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in these Regulations to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(b) omit the definitions of “Directive 2002/58/EC”, “exempt person”, “the GDPR”, “General Systems Regulations”, “IMI” and “national”.

(3) In regulation 3 (power of direction in relation to EU obligations) , in paragraph (1), after “arise from” insert “ retained ”.

(4) Omit regulation 4 (designation of competent authority) .

(5) In regulation 7 (minimum requirements for specialist training) —

(a) in paragraph (1), for “is to” substitute “ would ”;

(b) in paragraph (2), for “can” substitute “ would ”.

(6) In regulation 8 (distinctive titles and specialist lists) —

(a) in paragraph (2)—

(i) at the end of sub-paragraph (b), insert “ or ”;

(ii) omit sub-paragraphs (c) and (e) (and the “or” before sub-paragraph (e));

(b) omit paragraphs (2A) and (2B).

(7) In regulation 9 (eligible specialists) —

(a) in paragraph (1)—

(i) omit sub-paragraph (a) (including “and”);

(ii) in sub-paragraph (b), for “recognised” substitute “ relevant European ”;

(b) in paragraph (2), for “Subject to paragraph (2A), a” substitute “ A ”;

(d) in paragraph (4)—

(i) omit sub-paragraph (a);

(ii) in sub-paragraph (b), omit “in any other case,”.

(8) Omit regulation 9A (applications by nationals of relevant European States etc.) .

(9) In regulation 10 (recognised European qualifications) —

(a) in the heading, for “Recognised” substitute “ Relevant European ”;

(b) before paragraph (1), insert—

(A1) In regulation 9(1), “relevant European specialist dental qualification” means an appropriate European specialist dental qualification, within the meaning of paragraph (1), that has not been designated by the GDC for the purposes of this paragraph. (B1) The GDC— (a) may designate a qualification for the purposes of paragraph (A1) only with the approval of the Privy Council; (b) must maintain and publish a list of the qualifications that are so designated.

(i) in the words before sub-paragraph (a)—

(aa) for “recognised” substitute “ appropriate European ”;

(bb) for “regulation 9(1)” substitute “ paragraph (A1) ”;

(ii) in sub-paragraph (a)(ii), omit “other than the United Kingdom”;

(iii) omit sub-paragraphs (aa) to (e);

(d) omit paragraph (2).

(10) Omit regulation 13 (access to other specialities by nationals of relevant European States etc.) .

(11) In regulation 14 (appeals to panel) , in paragraph (1), omit sub-paragraphs (ba) to (bc).

(12) Omit Schedule A1 (competent authority functions) .

General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015

33

In the General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 , in rule 1(2) (interpretation)—

(a) in the definitions of “dental care professional” and “dentist”, omit the words from “other” to the end;

(b) in the definition of “register”, in paragraphs (a) and (b), omit the words from “in relation” to the end.

General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017

34

In the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 , in rule 1(3) (interpretation), in the definition of “practitioner”, omit the words from “other” to the end.

PART 2 — Savings and transitional provision

Pending applications

35

(1) Where an application for—

(a) registration in, or restoration to, a register kept under the 1984 Act, or

(b) entry into a list kept under regulations made under section 26 of the 1984 Act,

is received before IP completion day, any provision made by or under that Act, or (in the case of an application within paragraph (b)) by the 1998 Regulations, continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) For the purposes of paragraph (1) a list transmitted under section 18(3) of the 1984 Act is to be regarded as an application for registration in the dentists register.

Assessments in relation to specialties

36

Regulation 13 of the 1998 Regulations continues to apply for the purposes of any assessment referred to in paragraph (1)(a)(i) or (b) of that regulation that has begun but not been concluded before IP completion day.

Visiting dentists: saving of old law for up to one year

37

(1) Where, immediately before IP completion day—

(a) a visiting dentist was entitled under paragraph 4 or 7 of Schedule 4 to the 1984 Act to provide occasional dental services, or

(b) the registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a dentist seeking to acquire that entitlement,

any provision made by or under the Act, or by the 1998 Regulations, continues to apply in relation to the dentist without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dentists from relevant European states (but subject, in the case of a Swiss visiting dentist, to the modifications to the 1984 Act and the 1998 Regulations specified in sub-paragraphs (4) and (5)).

(2) But a visiting dentist's entitlement does not continue (or further continue) under paragraph 7 of Schedule 4 to the 1984 Act on or after IP completion day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting dentist.

(2B) But a Swiss visiting dentist’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 4 to the 1984 Act on or after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C) In this paragraph, “Swiss visiting dentist” means a visiting dentist who—

(a) is a national of the United Kingdom or a Swiss national, or

(b) a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the profession of dentistry, no less favourably than a national of the United Kingdom or Switzerland.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting dentists from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting dentists
The 1984 Act	section 14(1A)
The 1984 Act	section 19(1) and (1A)
The 1984 Act	section 26A(11)
The 1984 Act	section 34AA
The 1984 Act	section 36
The 1984 Act	in section 53(1), the definitions of “the Directive”, “exempt person”, “the General Systems Regulations”, and “national”
The 1984 Act	Schedule 2A, paragraph 2(1)(l)
The 1984 Act	Schedule 4
The 1998 Regulations	regulation 8(2)(e), (2A) and (2B)
The 1998 Regulations	regulation 14(1)(bc)
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015	rule 1(2)
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017	rule 1(3)

(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a) section 34AA(4) is to be read as if, for the words from “the relevant” to the end, there were substituted “Switzerland”;

(b) section 53(1) is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii) the definitions of “exempt person” and “national” were omitted;

(i) for paragraph 1 there were substituted—

(1) (1) This Schedule applies to a Swiss visiting dentist who is lawfully established in dental practice in Switzerland. (2) In this Schedule, “Swiss visiting dentist” has the meaning given in paragraph 37(2C) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

(ii) in paragraph 2—

(aa) before sub-paragraph (a), there were inserted—

(za) an “existing contract” means a written contract which was concluded, and performance of which started, before IP completion day;

(bb) in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting dentist”;

(cc) in sub-paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland; and”;

(dd) in sub-paragraph (c), after “basis” there were inserted—

— (i) on the basis of one or more existing contracts, and (ii) for a period not exceeding 90 days in total in any calendar year.

(iii) in paragraph 5(2)—

(aa) in paragraph (b), for “a relevant European State”, there were substituted “the United Kingdom or Switzerland”;

(bb) in paragraph (c), for the words from “a relevant European State” to the end there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting dentist”;

(iv) in paragraph 7(6), after paragraph (a), there were inserted—

(aa) contains details of the existing contract or contracts on the basis of which the occasional dental services will continue to be provided; (ab) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality; (ac) if the practitioner is not a national of the United Kingdom or a Swiss national, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting dentist;

(v) in paragraph 8(6), after paragraph (a), there were inserted—

(aa) ceases to have a valid contract to provide occasional dental services, because the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional dental services, is terminated or otherwise expires; or

(5) The modification to the 1998 Regulations mentioned in sub-paragraph (1) is that regulation 8(2)(e) is to be read as if for “an exempt person” there were substituted “a Swiss visiting dentist (within the meaning given in paragraph 37(2C) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).

Visiting dental care professionals: saving of old law for up to one year

38

(1) Where—

(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of relevant dental care services (and section 36Z3(3) of the 1984 Act accordingly applied to the person), and

(b) the person continues to have that benefit on or after IP completion day,

any provision made by or under the 1984 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dental care professionals from relevant European states (but subject, in the case of a Swiss visiting dental care professional, to the modifications to the 1984 Act specified in sub-paragraph (4)).

(1A) For the purposes of this paragraph, “Swiss visiting dental care professional” means a visiting dental care professional who is a relevant applicant.

(1B) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide relevant dental care services for a period not exceeding 90 days in total in any calendar year.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting dental care professional—

(a) in respect of a title under which the professional is registered as required by section 36Z3(3), when the person's name is erased under section 36Z3(6) of the 1984 Act;

(b) in respect of any other title, when the person's entitlement ceases by reason of the operation of section 36Z3(5) of the 1984 Act.

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting dental care professional.

(2B) But a Swiss visiting dental care professional’s entitlement does not continue (or further continue) under section 36Z3 of the 1984 Act on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting dental care professional” means a visiting dental care professional who—

(a) is a national of the United Kingdom or is a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a dental care profession dental care, no less favourably than a national of the United Kingdom or Switzerland.

(3) In sub-paragraph (1)—

(a) “relevant dental care services” means services that were “relevant services” within the meaning of section 36Z3(11) of the 1984 Act, as it had effect immediately before IP completion day;

(b) the reference to “the provisions relating to visiting dental care professionals from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting professionals
The 1984 Act	section 36B(1A)
The 1984 Act	section 36CA(14)
The 1984 Act	section 36E
The 1984 Act	section 36F(1) and (1A)
The 1984 Act	section 36L(11)
The 1984 Act	section 36Z3
The 1984 Act	section 36Z4
The 1984 Act	in section 53(1), the definitions of “competent authority”, “exempt person”, “the General Systems Regulations”, and “national”
The 1984 Act	Schedule 4A, paragraph 2(1)(i)
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015	rule 1(2)
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017	rule 1(3)

(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a) section 36Z3 is to be read as if—

(i) in subsection (1)—

(aa) for “an exempt person” there were substituted “a relevant applicant”;

(bb) for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(ii) after subsection (1) there were inserted—

(1A) In this section, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

(b) section 36Z4 is to be read as if, in subsection (4), for the words from “the relevant” to the end there were substituted “Switzerland”;

(c) section 53(1) is to be read as if, in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”.

IMI alerts

39

(1) Where an alert has been sent by the General Dental Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29 or (as the case may be) 36S of the 1984 Act (subject to the provisions of that Act) despite the repeal of sections 29(1)(d) and 36S(1)(d).

(2) In disposing of such an appeal, the powers of the relevant court are, instead of those set out in section 29(3) or 36S(6) of the 1984 Act, to—

(a) dismiss the appeal, or

(b) allow the appeal ...,

and to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.

Interpretation of saved provisions

40

Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in section 53(1) of the 1984 Act or regulation 2(1) of the 1998 Regulations (whichever is relevant)—

(i) there were substituted for the definition of “the Directive”—

(aa) in the case of section 53(1) of the 1984 Act—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(bb) in the case of regulation 2(1) of the 1998 Regulations—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in these Regulations to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(ii) there were inserted at the appropriate place—

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

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

(aa) in the case of section 53(1) of the 1984 Act—

(a) a person who, immediately before IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP 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 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, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;

(bb) in the case of regulation 2(1) of the 1998 Regulations—

(a) a person who, immediately before IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of dentistry by virtue of an enforceable EU right, or (c) a person who, immediately before 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, for the purposes of access to and pursuit of the profession of dentistry, no less favourably than a national of a relevant European State;

(iv) in the definition of “the General Systems Regulations” (or “General Systems Regulations”) (other than those definitions as they continue to apply by virtue of paragraph 35A or 35B), at the end there were inserted—

(a) in relation to anything done before 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 IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;

(v) in the definition of “national”, for “is not” there were substituted “ was not, immediately before IP 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.

SCHEDULE 4 — Nurses, midwives and nursing associates

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 2001 Order” means the Nursing and Midwifery Order 2001 .

Nursing and Midwifery Order 2001

2

The 2001 Order is amended as follows.

3

In article 5A (knowledge of English) , omit paragraphs (5) and (7).

4

In article 6 (register of nurses, midwives and nursing associates) , omit paragraph (3)(aa).

5

In article 7 (register: supplemental provision) , omit paragraph (4).

6

In article 8 (access to register) , omit paragraph (5).

7

In article 9 (registration) —

(a) in paragraph (1), for “Subject to paragraph (7), a” substitute “ A ”;

(b) omit paragraphs (3A) to (3C);

(c) in paragraph (5), for the words from “ “the specified period”” to the end substitute “ “the specified period” means the period of three months beginning with the relevant date. ”;

(d) in paragraph (6), omit the words from “, including” to “13(1A),”;

(e) omit paragraph (7).

8

In article 10 (renewal and readmission) —

(a) in paragraph (1), for “Subject to paragraph (6), where” substitute “ Where ”;

(b) omit paragraph (6).

9

In article 12A (indemnity arrangements) , omit paragraph (11).

10

In article 13 (approved qualifications) —

(a) in paragraph (1)—

(i) at the end of sub-paragraph (a), insert “ or ”;

(ii) omit sub-paragraphs (b) and (c);

(iii) in sub-paragraph (d)—

(aa) omit “he is not an exempt person and”;

(bb) at the end insert “ or ”;

(iv) omit sub-paragraphs (e) and (f);

(b) omit paragraphs (1A) and (1B);

(3) A relevant European qualification is to be treated as a qualification as to which the Council is satisfied as mentioned in paragraph (1)(d)(i) (and accordingly included in any list kept under paragraph (2)(a)). (4) In this article “relevant European qualification” means a qualification that falls within article 13AA and has not been designated by the Council for the purposes of this paragraph. (5) The Council— (a) may designate a qualification for the purposes of paragraph (4) only with the approval of the Privy Council; (b) must maintain and publish a list of the qualifications that are so designated. (6) A person who applies, on or after IP completion day, for admission to the register is to be deemed to satisfy the requirements of Article 9(2)(a).

11

After article 13 insert—

(13AA) (1) Subject to the following provisions of this article, a qualification falls within this article if it was awarded in a relevant European State and— (a) in relation to registration as a nurse in sub-Part 1 of the Nurses' Part of the register, it is listed in Annex V, point 5.2.2 of the Directive; (b) in relation to registration in the Midwives' Part of the register, it is listed in Annex V, point 5.5.2 of the Directive. (2) A qualification within paragraph (1)(b) falls within this article only if— (a) it attests to training that satisfies the conditions in paragraph (1)(a), (b) or (c) of article 41 of the Directive, and (b) in the case mentioned in paragraph (1)(c) of that article, it is accompanied by a certificate of the sort described in paragraph (2) of that article. (3) A qualification does not fall within this article if it was awarded before the reference date, or on or after that date in respect of a course of training begun before that date. (4) In paragraph (3), “reference date” means— (a) in the case of a qualification within paragraph (1)(a), the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.2.2 of the Directive; (b) in the case of a qualification within paragraph (1)(b), the date listed in relation to the State in which the qualification was awarded in the column entitled “Reference date” in Annex V, point 5.5.2 of the Directive.

12

Omit article 14 (EEA qualifications) .

13

In article 15 (education and training) , omit paragraph (2).

14

In article 19 (post-registration training) , omit paragraphs (2A) to (2D).

15

In article 37 (appeals against decisions of the Registrar) —

(a) in paragraph (1), omit sub-paragraphs (zb), (aa), and (e) to (h);

(b) in paragraph (9)—

(i) in sub-paragraph (b), omit the words from “or, in” to the end;

(ii) at the end of paragraph (c), insert “ or ”;

(iii) omit sub-paragraph (ca) (including the final “or”).

16

In article 38 (other appeals) , in paragraph (3)—

(a) in sub-paragraph (b), omit the words from “or, in” to the end;

(b) at the end of paragraph (c), insert “ or ”;

17

Omit articles 39 to 40 (EEA provisions) .

18

Omit article 55 (review) .

19

Omit Schedule 2A (visiting European practitioners) .

20

Omit Schedule 2B (European Professional Card) .

21

Omit Schedule 3 (competent authority functions) .

22

In Schedule 4 (interpretation) —

(a) for the definition of “the Directive” substitute—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(b) omit the definitions of “competent authority”, “Directive 2002/58/EC”, “European professional card”, “exempt person”, “General Systems Regulations”, “IMI”, “IMI file”, “national”, and “visiting nurse, midwife or nursing associate from a relevant European State”.

Nursing and Midwifery Council (Fees) Rules 2004

23

In the Nursing and Midwifery Council (Fees) Rules 2004 , in rule 3 (prescribed fees), in the table—

(a) omit entry (d);

(b) in Column (2)—

(i) in entry (a), for “, (b), (c), (dd), (e) or (f)” substitute “ or (dd) ”;

(ii) in entry (c), omit “(c),”.

Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 2004

24

In the Nursing and Midwifery Council (Parts of and Entries in the Register) Order of Council 2004 , omit article 8.

European Nursing and Midwifery Qualifications Designation Order of Council 2004

25

The European Nursing and Midwifery Qualifications Designation Order of Council 2004 is revoked.

Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004

26

The Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004 are amended as follows.

(1) In rule 2 (interpretation) , omit paragraph (2).

(2) Omit rule 2A (visiting European practitioners) .

(3) In rule 3 (education) , omit paragraphs (1) to (2).

(4) In rule 5 (applications for registration) —

(a) in paragraph (2)(a)—

(i) at the end of paragraph (i), insert “ or ”;

(ii) omit paragraph (ii);

(iii) in paragraph (iii), omit “(c),”;

(iv) omit paragraph (iv) (and the “or” before it);

(b) omit paragraphs (3) to (4A).

(5) In rule 6 (declarations of good health and character) —

(a) in paragraph (1)(e), omit “(c) or”;

(b) omit paragraphs (1A) to (1F);

(d) in paragraph (6)(b), omit “or paragraph (1B), (1C),”.

(6) In rule 8 (unsuccessful applications) —

(a) for “13(1)(b), (c), (d), (dd), (e) or (f)” substitute “ 13(1)(d) or (dd) ”;

(b) in paragraphs (b) and (c), omit “or (d)”.

(7) In rule 15 (readmission) , in paragraph (2), omit “to (1E)”.

(8) In rule 20 (periods for appeals) —

(a) in paragraph (a)—

(i) for “(za), (zb), (a), (aa), (b), (c) or (e) to (h)” substitute “ (za), (a), (b) or (c) ”;

(ii) at the end insert “ or ”;

(b) omit paragraph (c) (and the “or” before it).

(9) In rule 21 (notice of appeal) , in paragraph (2)—

(a) in sub-paragraph (iii), for “(za), (zb), (a), (aa), (b), (c) or (e) to (g)” substitute “ (za), (a), (b) or (c) ”;

(b) in sub-paragraph (iv), omit “or (h)”.

(10) In Schedule 3 (applications for registration) , omit paragraphs (ba) and (bb).

PART 2 — Savings and transitional provision

Pending applications

27

(1) Where a relevant application is received before IP completion day, any provision made by or under the 2001 Order (except for provision contained in Schedule 2B to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) In sub-paragraph (1) “relevant application” means an application for—

(a) admission to a part of the register of qualified nurses, midwives and nursing associates,

(b) renewal of registration in that register,

(d) restoration to that register following striking-off.

Visiting nurses, midwives and nursing associates: saving of old law for up to one year

28

(1) Where, immediately before IP completion day—

(a) a visiting nurse or midwife was entitled under paragraph 4 or 7 of Schedule 2A to the 2001 Order to provide occasional services, or

(b) the Registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a nurse or midwife seeking to acquire that entitlement,

any provision made by or under the Order continues to apply in relation to the nurse or midwife without the amendments that the Part 1 of this Schedule makes to the provisions relating to visiting midwives and certain visiting nurses from relevant European states (but subject, in the case of a Swiss visiting nurse or Swiss visiting midwife, to the modifications to the 2001 Order specified in sub-paragraph (4)).

(2) But a visiting nurse or midwife's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after IP completion day (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule. This sub-paragraph is subject to sub-paragraphs (2A) to (2C).)

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting nurse or a Swiss visiting midwife.

(2B) But a Swiss visiting nurse or Swiss visiting midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C) In this paragraph—

“Swiss visiting midwife” means a visiting midwife who is—a national of the United Kingdom or a Swiss national, ora third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a United Kingdom national or Swiss national;

“Swiss visiting nurse” means a visiting nurse who is—a national of the United Kingdom or a Swiss national, ora third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the medical profession, no less favourably than a United Kingdom national or Swiss national.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting midwives and certain visiting nurses from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting practitioners
The 2001 Order	article 6(3)(aa)
The 2001 Order	article 7(4)
The 2001 Order	article 9(1) and (7)
The 2001 Order	article 10(1) and (6)
The 2001 Order	article 12A(11)
The 2001 Order	article 19(2A) to (2D)
The 2001 Order	article 37(1)(aa)
The 2001 Order	article 39
The 2001 Order	Schedule 2A
The 2001 Order	in Schedule 4, the definitions of “competent authority”, “the Directive”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting nurse or midwife from a relevant European State”
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004	article 8
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004	rule 2A
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004	rule 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order)
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004	rule 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order)

(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a) article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “Swiss visiting nurse or Swiss visiting midwife”;

(b) article 19(2D) is to be read as if, for the words from “the relevant” to the end there were substituted “Switzerland”;

(i) for paragraph 1, there were substituted—

(1) This Schedule applies to— (a) a Swiss visiting nurse who is lawfully established as a nurse in Switzerland; or (b) a Swiss visiting midwife who is lawfully established as a midwife in Switzerland.

(ii) in paragraph 2—

(aa) before sub-paragraph (a), there were inserted—

(za) an “existing contract” means a written contract which was concluded, and the performance of which started, before IP completion day;

(bb) in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting nurse or Swiss visiting midwife”;

(cc) in sub-paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”;

(dd) in sub-paragraph (d), at the end, there were inserted—

— (i) on the basis of one or more existing contracts, and (ii) for a period not exceeding 90 days in total in any calendar year.

(iii) in paragraph 5(2)—

(aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb) for paragraph (c), there were substituted—

(c) if the practitioner is not a national of the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife;

(iv) in paragraph 7, for sub-paragraph (6), there were substituted—

(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that— (a) states the practitioner’s wish to provide occasional nursing services or occasional midwifery services in a further year; (b) contains details of the existing contract or contracts on the basis of which those services will continue to be provided; (c) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality; (d) if the practitioner is not a national of the United Kingdom or a Swiss national, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife.

(v) in paragraph 8(5), after paragraph (a), there were inserted—

(aa) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional nursing or midwifery services, is terminated or otherwise expires; or

(d) Schedule 4 is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii) there were inserted, at the appropriate places—

“Swiss visiting midwife” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

“Swiss visiting nurse” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

29

(1) Where—

(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a nurse or nursing associate (and article 39A(3) or 39C(3) of the 2001 Order accordingly applied to the person), and

(b) the person continues to have that benefit on or after IP completion day,

any provision made by or under the 2001 Order continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting general systems nurses and nursing associates from relevant European states (but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4)).

(1A) But a relevant applicant to whom sub-paragraph (1) applies may only provide services as a nurse or midwife (as the case may be) for a period not exceeding 90 days in total in any calendar year.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting nurse or nursing associate—

(a) in respect of a part of the register in which the person is registered as required by article 39A(3) or 39C(3) of the 2001 Order, when the person's name is removed under article 39A(6) or 39C(6) of the Order;

(b) in respect of any other part of the register, when the person's entitlement ceases by reason of the operation of article 39A(5) or 39C(5) of the 2001 Order.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting general systems nurses and nursing associates from relevant European states” is to the provisions listed in the table in paragraph 28(3), but as if—

(a) the references to article 39 of, and Schedule 2A to, the 2001 Order were omitted, and

(b) there were inserted at the appropriate place a reference to articles 39A and 39C of the 2001 Order.

(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a) article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “relevant applicant”;

(b) article 39A(1) is to be read as if—

(i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”;

(ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”;

(ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(d) Schedule 4 is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

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

“relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

European Professional Card

30

(1) Sub-paragraph (2) applies where, immediately before IP completion day—

(a) a person held a valid European professional card for establishment as a nurse in the United Kingdom, or

(b) the Nursing and Midwifery Council was in receipt of a person's application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.

(2) For the purposes of registration in the register of qualified nurses, midwives and nursing associates, the person is not required to resubmit any document or evidence held by the Council which is derived from the person's IMI file and which does not appear to the Council to have become invalid.

(3) In this paragraph—

(a) “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), as it had effect immediately before IP completion day;

(b) “IMI file” has the meaning given by Schedule 4 to the 2001 Order as it had effect immediately before IP completion day.

31

(1) Where, immediately before IP completion day, a person was entitled as mentioned in paragraph 15(2) of Schedule 2B to the 2001 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 of this Schedule to the provisions relating to the provision of occasional nursing services by holders of a European professional card.

(2) For the purposes of paragraph 15(4)(a) of Schedule 2B to the 2001 Order as it continues to apply by virtue of sub-paragraph (1)—

(a) a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning with the day on which it was transmitted;

(b) a European professional card that was issued as mentioned in paragraph 15(1)(b) of that Schedule is to be treated as becoming invalid on the expiry of the period of 12 months beginning with the day on which it was issued.

(3) The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional nursing services by holders of a European professional card” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting practitioners
The 2001 Order	article 6(3)(aa)
The 2001 Order	article 7(4)
The 2001 Order	article 10(1) and (6)
The 2001 Order	article 19(2A) to (2D)
The 2001 Order	article 39
The 2001 Order	article 39B
The 2001 Order	in Schedule 2B, paragraphs 2 (except the definitions of “automatically recognised nurse”, “EPC holder” and “missing document”), 15 and 16
The 2001 Order	in Schedule 4, the definitions of “competent authority”, “the Directive”, “European professional card”, “General Systems Regulations”, “IMI”, and “relevant European State”
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004	article 8

32

(1) A decision within article 37(1)(g) of the 2001 Order taken before IP completion day, or a failure within article 37(1)(h) of that Order arising before IP completion day, continues to be appealable for the purposes of article 37 of that Order (subject to the provisions of the Order) despite the revocation of article 37(1)(h) and (g).

(2) In disposing of such an appeal (or a further appeal under article 38 of the 2001 Order), the powers of the Council (or the court or sheriff) are, instead of those set out in article 37(9) (or 38(3)) of the 2001 Order, to—

(a) dismiss the appeal, or

(b) allow the appeal and—

(i) direct that such steps be taken as the Council (or the court or sheriff) thinks fit to draw the findings of the Council (or the court or sheriff) to the attention of the European Commission;

(ii) direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 29(1)(a), as a person who held a valid European professional card ... as a nurse in the United Kingdom immediately before IP completion day,

and, in the case of an appeal under article 38, to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.

IMI alerts

33

(1) Where an alert has been sent by the Nursing and Midwifery Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of article 37 of the 2001 Order despite the revocation of article 37(1)(f).

(2) In disposing of such an appeal (or a further appeal under article 38 of the 2001 Order), the powers of the Council (or the court or sheriff) are, instead of those set out in article 37(9) (or 38(3)) of the 2001 Order, to—

(a) dismiss the appeal, or

(b) allow the appeal ...,

and, in the case of an appeal under article 38, to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.

Interpretation of saved provisions

34

Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in Schedule 4 to the 2001 Order—

(i) there were substituted for the definition of “the Directive”—

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before IP completion day;

(ii) there were inserted at the appropriate place—

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

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

(a) a person who, immediately before IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or (c) a person who, immediately before 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, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;

(iv) in the definition of “General Systems Regulations” (other than in the definition as it continues to apply by virtue of paragraph 27A), at the end there were inserted—

(a) in relation to anything done before 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 IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;

(v) in the definition of “national”, for “is not” there were substituted “was not, immediately before IP 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.

SCHEDULE 5 — Opticians

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 1989 Act” means the Opticians Act 1989 .

Opticians Act 1989

2

The 1989 Act is amended as follows.

3

In section 8 (qualifications for registration) —

(a) omit subsection (1A);

(b) after subsection (2A) insert—

(2B) A determination under subsection (2A) may not be made in relation to a person whose qualification— (a) was granted in a relevant European State, and (b) indicates, in the opinion of the Council, a level of attainment of competency comparable to that indicated by an approved UK qualification. (2C) In subsection (2B), “approved UK qualification” means a qualification that is— (a) approved under section 12(7)(b), and (b) granted by an establishment in the United Kingdom that is approved under section 12(7)(a).

4

Omit sections 8B to 8D (registration of visiting European practitioners) .

5

In section 10 (general provisions as to registers and lists) —

(a) in subsection (1)(c), omit “subject to subsection (1ZA),”;

(b) omit subsection (1ZA).

6

In section 10A (indemnity arrangements) , omit subsection (11).

7

In section 11A (continuing education and training), omit subsections (5) to (7) .

8

In section 11B (failure to satisfy continuing education and training requirements) , omit subsections (1A) to (1C).

9

In section 23G (appeals) —

(a) in subsection (1)—

(i) in paragraph (c), at the end insert “ and ”;

(ii) omit paragraph (e) and the “and” before it;

(b) in subsection (4), in paragraphs (b) and (c), for “(e)” substitute “ (d) ”;

10

In section 29 (death or bankruptcy) , omit subsection (2A).

11

In section 36 (interpretation) , in subsection (1)—

(a) omit the definitions of “exempt person” and “General Systems Regulations”;

(b) in the definition of “individual registrant”, for “, 8A or 8B” substitute “ or 8A ”;

(d) in the definitions of “registered dispensing optician” and “registered optometrist”, omit the words from “or in” to the end.

12

In Schedule 1 (constitution of the General Council) , in paragraph 1A(1)(b)(ii), omit “or 8B”.

National Health Service (Scotland) Act 1978

13

In the National Health Service (Scotland) Act 1978 , in section 108 (interpretation), in subsection (1), in the definition of “ophthalmic optician” omit from “, or in” to “that Act” (where it first occurs).

National Health Service Act 2006

14

In the National Health Service Act 2006 , in section 275 (interpretation), in subsection (1), in the definition of “optometrist” omit from “or in” to “that Act,”.

National Health Service (Wales) Act 2006

15

In the National Health Service (Wales) Act 2006 , in section 206 (interpretation), in subsection (1), in the definition of “optometrist” omit from “or in” to “that Act,”.

National Health Service (General Ophthalmic Services) Regulations 1986

16

In the National Health Service (General Ophthalmic Services) Regulations 1986 , in regulation 2 (interpretation), in paragraph (1), in the definition of “optician” omit from “or in” to “that Act”.

National Health Service (Service Committees and Tribunal) Regulations 1992

17

In the National Health Service (Service Committees and Tribunal) Regulations 1992 ,in regulation 2 (interpretation), in paragraph (1), in paragraph (b) of the definition of “optician” omit from “or in” to “that Act”.

General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 1993

18

In the General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 1993 , in rule 4 (classes of exempt person), omit paragraph (c).

Medicines for Human Use (Clinical Trials) Regulations 2004

19

In the Medicines for Human Use (Clinical Trials) Regulations 2004 , in regulation 2 (interpretation), in paragraph (1), in paragraph (e) of the definition of “health care professional” omit from “or in” to “that Act,”.

General Optical Council (Registration) Rules 2005

20

In the General Optical Council (Registration) Rules 2005 —

(a) in rule 2 (interpretation), omit paragraph (1A);

(b) in rule 5(1) (information from applicants)—

(i) in sub-paragraph (d), omit from “(except” to “registered))”;

(ii) in sub-paragraph (f), omit from “except” to “8(1A)),”;

(d) in rule 13 (entries relating to specialties), omit paragraph (2);

(e) omit rules 21A and 21B (visiting opticians from relevant European states).

National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006

21

In the National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006 , in regulation 2 (interpretation), in paragraph (1)—

(a) in the definition of “optometrist”, omit from “or in” to “that Act”;

(b) in paragraph (b) of the definition of “register”, omit from “or in” to “that Act” (where it first occurs).

National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009

22

In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009 , in regulation 2 (interpretation), in paragraph (1), in paragraph (a) of the definition of “optometrist independent prescriber”, omit from “, or in” to “that Act”.

Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012

23

In the Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012 , in regulation 1(2) (interpretation), in the definition of “ophthalmic optician”, omit from “, or in” to “that Act” (where it first occurs).

Human Medicines Regulations 2012

24

In the Human Medicines Regulations 2012 , in regulation 8 (interpretation), in paragraph (1)—

(a) in the definition of “registered optometrist”, omit the words from “or the” to the end;

(b) in paragraph (c) of the definition of “the relevant register”, omit the words from “or the” to the end.

PART 2 — Savings and transitional provision

Pending applications

25

Where an application for—

(a) entry in, or restoration to, a register kept under the 1989 Act, or

(b) the entry, or restoration of an entry, of particulars of a specialty in such a register,

is received before IP completion day, any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

Visiting opticians: saving of old law for up to one year

26

(1) Where—

(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as an optometrist or dispensing optician (and section 8C(3) or 8D(3) of the 1989 Act accordingly applied to the person), and

(b) the person continues to have that benefit on or after IP completion day,

any provision made by an Act or instrument amended by Part 1 of this Schedule continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting opticians from relevant European states (but subject, in the case of a relevant applicant, to the modifications to the 1989 Act specified in sub-paragraph (4)).

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may not provide services as an optometrist or a dispensing optician (as the case may be) for a period exceeding 90 days in total in any calendar year.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting optometrist or dispensing optician—

(a) if the optometrist or optician is registered as required by section 8C(3) or 8D(3) of the 1989 Act, when his or her name is removed under section 8C(6) or 8D(6) of the Act;

(b) otherwise, when his or her entitlement ceases by reason of the operation of section 8C(5) or 8D(5) of the Act.

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting optician.

(2B) But a Swiss visiting optician’s entitlement does not continue (or further continue) under sections 8C or 8D of the 1989 Act on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting optician” means a visiting optometrist or dispensing optician who—

(a) is a national of the United Kingdom or is a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the profession of optometrist or dispensing optician, no less favourably than a national of the United Kingdom or Switzerland.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting opticians from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting opticians
The 1989 Act	sections 8B to 8D
The 1989 Act	section 10(1)(c) and (1ZA)
The 1989 Act	section 10A(11)
The 1989 Act	section 11A(5) to (7)
The 1989 Act	section 11B(1A) to (1C)
The 1989 Act	section 29(2A)
The 1989 Act	section 36(1)
The 1989 Act	Schedule 1, paragraph 1A(1)(b)(ii)
National Health Service (Scotland) Act 1978	section 108(1)
National Health Service (General Ophthalmic Services) Regulations 1986	regulation 2(1)
National Health Service (Service Committees and Tribunal) Regulations 1992	regulation 2(1)
Medicines for Human Use (Clinical Trials) Regulations 2004	regulation 2(1)
General Optical Council (Registration) Rules 2005	rules 2(1A), 21A and 21B
National Health Service (General Ophthalmic Services) (Scotland) Regulations 2006	regulation 2(1)
National Health Service (Pharmaceutical Services) (Scotland) Regulations 2009	regulation 2(1)
Patient Rights (Treatment Time Guarantee) (Scotland) Regulations 2012	regulation 1(2)
Human Medicines Regulations 2012	regulation 8(1)

(4) The modifications to the 1989 Act mentioned in sub-paragraph (1) are—

(a) section 8C is to be read as if in subsection (1)—

(i) for “an exempt person” there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019”;

(ii) for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(b) section 8D is to be read as if in subsection (1)—

(i) for “an exempt person” there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(ii) for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(c) section 11A is to be read as if in subsection (7), for the words from “the relevant” to the end there were substituted “Switzerland”;

(d) section 11B is to be read as if in subsection (1C), for the words from “the relevant” to the end there were substituted “Switzerland”.

IMI alerts

27

(1) Where an alert has been sent by the General Optical Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 23G of the 1989 Act (subject to the provisions of that Act) despite the repeal of section 23G(1)(e).

(2) In disposing of such an appeal, the powers of the relevant court continue to be those set out in section 23G(8) of the 1989 Act (as it had effect before the coming into force of these Regulations), but as if the words “that the alert be withdrawn or amended” were omitted.

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) there were inserted at the appropriate place—

“enforceable EU right” means a right recognised and available in domestic law, immediately before IP 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 IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP 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 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, 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” (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 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 IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP 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.

SCHEDULE 6 — Osteopaths

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 1993 Act” means the Osteopaths Act 1993 .

Osteopaths Act 1993

2

The 1993 Act is amended as follows.

3

Omit section 5A (registration of visiting European osteopaths) .

4

In section 6 (supplemental provision about registration) —

(a) in subsection (1)(a), for “, provisional or temporary” substitute “ or provisional ”;

(b) in subsection (2), for “Subject to subsection (4A), the” substitute “ The ”;

(d) in subsection (5), omit “, except in the case of temporary registration,”;

(e) omit subsection (6).

5

In section 8 (restoration to the register) , in subsection (8), for “, provisionally registered osteopaths or temporarily registered osteopaths” substitute “ or provisionally registered osteopaths ”.

6

In section 14 (recognition of qualifications) —

(a) after subsection (2), insert—

(2A) A qualification that— (a) was granted by an institution in a relevant European State, and (b) is, in the opinion of the General Council, evidence of having reached a standard of proficiency comparable to that evidenced by a qualification recognised under subsection (2), is to be treated for the purposes of this Act as if it were so recognised.

(b) in subsection (3), after “qualification”, where it first occurs, insert “ (not being one to which subsection (2A) applies) ”;

7

In section 17 (post registration training) , omit subsections (2A) to (2D).

8

In section 29 (appeals against decisions of the Registrar) , omit subsection (1)(ba).

9

Omit section 29A (appeals against decisions of the General Council) .

10

In section 37 (indemnity arrangements) , omit subsection (2).

11

In section 41 (interpretation) —

(a) omit the definitions of “exempt person”, “General Systems Regulations”, and “temporarily registered osteopath”;

(b) in the definition of “registered osteopath”, for the words from “, as a provisionally” to the end, substitute “ or as a provisionally registered osteopath ”.

General Osteopathic Council (Registration) Rules 1998

12

In the General Osteopathic Council (Registration) Rules 1998 —

(a) in rule 3 (form of register)—

(i) in paragraph (1)(a) and (b), omit “or other relevant European State”;

(ii) in paragraph (3)—

(aa) in sub-paragraph (b), for “, conditionally registered or temporarily registered” substitute “ or conditionally registered ”;

(bb) in sub-paragraph (d), for “, “conditional” or “temporary”” substitute “or “conditional””;

(b) in rule 7 (certificates), in paragraph (2)(a)(iv), omit “, a temporarily registered osteopath”.

General Osteopathic Council (Application for Registration and Fees) Rules 2000

13

In the General Osteopathic Council (Application for Registration and Fees) Rules 2000 —

(a) in rule 2 (interpretation), in paragraph (1), omit the definition of “European Economic Area State”;

(b) in rule 6 (entry fee), in paragraph (2)(b), omit “or other European Economic Area State,”;

(d) in rule 10 (restoration fee), in paragraph (2)(b), omit “or other European Economic Area State,”.

General Osteopathic Council (Recognition of Qualifications) Rules 2000

14

In the General Osteopathic Council (Recognition of Qualifications) Rules 2000 , in rule 4 (non-UK qualifications), omit paragraph (2).

PART 2 — Savings and transitional provision

Pending applications

15

(1) Where an application for entry in, or restoration to, the register kept under the 1993 Act is received before IP completion day, any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) Where section 14(10) of the 1993 Act continues to apply by virtue of sub-paragraph (1), the reference in that subsection to EU or Community law is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)).

Visiting osteopaths: saving of old law for up to one year

16

(1) Where—

(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as an osteopath (and section 5A(3) of the 1993 Act accordingly applied to the person), and

(b) the person continues to have that benefit on or after IP completion day,

any provision made by or under the 1993 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting osteopaths from relevant European states (but subject, in the case of a relevant applicant, to the modifications to the 1993 Act specified in sub-paragraph (4)).

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as an osteopath for a period not exceeding 90 days in total in any calendar year.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting osteopath—

(a) if the osteopath is registered as required by section 5A(3) of the 1993 Act, when the osteopath's name is removed under section 5A(6) of the Act;

(b) otherwise, when the osteopath's entitlement ceases by reason of the operation of section 5A(5) of the Act.

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting osteopath.

(2B) But a Swiss visiting osteopath’s entitlement does not continue (or further continue) under section 5A of the 1993 Act on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting osteopath” means a visiting osteopath who—

(a) is a national of the United Kingdom or is a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the osteopath profession, no less favourably than a national of the United Kingdom or Switzerland.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting osteopaths from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting osteopaths
The 1993 Act	section 5A
The 1993 Act	section 6(1), (2), (4A), (5) and (6)
The 1993 Act	section 8(8)
The 1993 Act	section 17(2A) to (2D)
The 1993 Act	section 29(1)(ba)
The 1993 Act	section 29A (other than subsection (2)(c))
The 1993 Act	section 37(2)
The 1993 Act	section 41
General Osteopathic Council (Registration) Rules 1998	rules 3(1) and (3) and 7(2)(a)

(4) The modifications to the 1993 Act mentioned in sub-paragraph (1) are—

(a) section 5A(1) is to be read as if for the words from “an exempt person” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as an osteopath in Switzerland (“State A”)”;

(b) section 17(2D) is to be read as if for the words from “the relevant” to “osteopath” there were substituted “Switzerland”.

IMI alerts

17

(1) Where an alert has been sent by the General Osteopathic Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29A of the 1993 Act (subject to the provisions of that Act) despite the repeal of section 29A(2)(c).

(2) In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in section 29A(3) of the 1993 Act, to—

(a) dismiss the appeal, or

(b) allow the appeal ...,

and to make such order as to costs (or, in Scotland, expenses) as the court (or sheriff) thinks fit.

Interpretation of saved provisions

18

Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in section 41 of the 1993 Act—

(i) there were inserted at the appropriate place—

“enforceable EU right” means a right recognised and available in domestic law, immediately before 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 IP completion day, was a national of a relevant European State, (b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of osteopathy by virtue of an enforceable EU right, or (c) a person who, immediately before 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, for the purposes of access to and pursuit of the profession of osteopathy, no less favourably than a national of a relevant European State;

(bb) in the words after paragraph (c), for “is not” substitute “was not, immediately before IP completion day”;

(iii) in the definition of “General Systems Regulations” (other than in that definition as it is saved by paragraph 15A), at the end there were inserted—

(a) in relation to anything done before 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 IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP 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.

SCHEDULE 7 — Chiropractors

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 1994 Act” means the Chiropractors Act 1994 .

Chiropractors Act 1994

2

The 1994 Act is amended as follows.

3

Omit section 5A (registration of visiting European chiropractors) .

4

In section 6 (supplemental provision about registration) —

(a) in subsection (1)(a), for “, provisional or temporary” substitute “ or provisional ”;

(b) in subsection (2), for “Subject to subsection (4A), the” substitute “ The ”;

(d) in subsection (5), omit “, except in the case of temporary registration,”;

(e) omit subsection (6).

5

In section 8 (restoration to the register) , in subsection (8), for “, provisionally registered chiropractors or temporarily registered chiropractors” substitute “ or provisionally registered chiropractors ”.

6

In section 14 (recognition of qualifications) —

(a) after subsection (2), insert—

(2A) A qualification that— (a) was granted by an institution in a relevant European State, and (b) is, in the opinion of the General Council, evidence of having reached a standard of proficiency comparable to that evidenced by a qualification recognised under subsection (2), is to be treated for the purposes of this Act as if it were so recognised.

(b) in subsection (3), after “qualification”, where it first occurs, insert “ (not being one to which subsection (2A) applies) ”;

7

In section 17 (post registration training) , omit subsections (2A) to (2D).

8

In section 29 (appeals against decisions of the Registrar) , omit subsection (1)(ba).

9

Omit section 29A (appeals against decisions of the General Council) .

10

In section 37 (indemnity arrangements) , omit subsection (2).

11

In section 43 (interpretation) —

(a) omit the definitions of “exempt person”, “the General Systems Regulations”, and “temporarily registered chiropractor”;

(b) in the definition of “registered chiropractor”, for the words after “conditionally registered chiropractor” substitute “ or as a provisionally registered chiropractor ”.

General Chiropractic Council (Registration) Rules 1999

12

In the General Chiropractic Council (Registration) Rules 1999 —

(a) in rule 2 (interpretation), omit paragraph (2A);

(b) in rule 3 (form of register), in paragraph (4)(a), for “, provisionally registered and temporarily” substitute “ and provisionally ”;

General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002

13

In the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002 —

(a) in rule 2 (interpretation), omit the definition of “the Directive”;

(b) for the heading of Part 2 substitute “ Applications by chiropractors with foreign qualifications ”;

(i) at the end of paragraph (a), insert “ and ”;

(ii) omit paragraph (c) and the “and” before it;

(d) in rule 5 (treatment of foreign qualifications)—

(i) in paragraphs (1) and (2), omit “, subject to paragraph (3),”;

(ii) omit paragraph (3);

(e) in rule 6 (required standard of proficiency)—

(i) in paragraph (1), for “Subject to paragraph (1A), in” substitute “ In ”;

(ii) omit paragraph (1A);

(f) omit Part 3 (chiropractors entitled to be authorised under EU law);

(g) in the Schedule, omit Form B.

PART 2 — Savings and transitional provision

Pending applications

14

(1) Where an application for entry in, or restoration to, the register kept under the 1994 Act is received before IP completion day, any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) Where section 14(10) of the 1994 Act continues to apply by virtue of sub-paragraph (1), the reference in that subsection to EU or Community law is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)).

Visiting chiropractors: saving of old law for up to one year

15

(1) Where—

(a) a person had, immediately before IP completion day, the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a chiropractor (and section 5A(3) of the 1994 Act accordingly applied to the person), and

(b) the person continues to have that benefit on or after IP completion day,

any provision made by or under the 1994 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting chiropractors from relevant European states (but subject, in the case of a relevant applicant, to the modifications to the 1994 Act specified in sub-paragraph (4)).

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a chiropractor for a period not exceeding 90 days in total in any calendar year.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting chiropractor—

(a) if the chiropractor is registered as required by section 5A(3) of the 1994 Act, when his or her name is removed under section 5A(6) of the Act;

(b) otherwise, when the chiropractor's entitlement ceases by reason of the operation of section 5A(5) of the Act.

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting chiropractor.

(2B) But a Swiss visiting chiropractor’s entitlement does not continue (or further continue) under section 5A of the 1994 Act on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting chiropractor” means a visiting chiropractor who—

(a) is a national of the United Kingdom or is a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the chiropractor profession, no less favourably than a national of the United Kingdom or Switzerland.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting chiropractors from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting chiropractors
The 1994 Act	section 5A
The 1994 Act	section 6(1), (2), (4A), (5) and (6)
The 1994 Act	section 8(8)
The 1994 Act	section 17(2A) to (2D)
The 1994 Act	section 29(1)(ba)
The 1994 Act	section 29A (other than subsection (2)(c))
The 1994 Act	section 37(2)
The 1994 Act	section 43
General Chiropractic Council (Registration) Rules 1999	rules 2(2A), 3(4)(a) and 6(2)

(4) The modifications to the 1994 Act mentioned in sub-paragraph (1) are—

(a) section 5A(1) is to be read as if for the words from “an exempt” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as a chiropractor in Switzerland (“State A”)”;

(b) section 17(2D) is to be read as if for the words from “the relevant” to “chiropractor” there were substituted “Switzerland”.

IMI alerts

16

(1) Where an alert has been sent by the General Chiropractic Council before IP completion day under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29A of the 1994 Act (subject to the provisions of that Act) despite the repeal of section 29A(2)(c).

(2) In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in section 29A(3) of the 1994 Act, to—

(a) dismiss the appeal, or

(b) allow the appeal ...,

and to make such order as to costs (or, in Scotland, expenses) as the court (or sheriff) thinks fit.

Interpretation of saved provisions

17

Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in section 43 of the 1994 Act—

(i) there were inserted at the appropriate place—

“enforceable EU right” means a right recognised and available in domestic law, immediately before 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—

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