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

• (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1989 Act (as it had effect before the coming into force of these Regulations), but as if the words “that the alert be withdrawn or amended” were omitted.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 ”;

• (c) omit subsection (4A);

• (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) ”;

• (c) omit subsections (10) and (11).

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,”;

• (c) in rule 8 (retention 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 ”;

• (c) omit subsection (4A);

• (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) ”;

• (c) omit subsections (10) and (11).

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 ”;

• (c) in rule 6 (certificates), in paragraph (2), for “, provisionally or temporarily” substitute “ or 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 ”;

• (c) in rule 4 (application of Part 2)—

• (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—

(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 chiropractic 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 chiropractic, 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 IP completion day”;

• (iii) in the definition of “General Systems Regulations” (other than in that definition as it is saved by paragraph 14A), 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 the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002—

• (i) in rule 2, in the definition of “the Directive”, for “as amended from time to time” there were substituted “as it had effect immediately before IP completion day”;

• (ii) in rules 11(1) and 12, the references to the Directive applying or not applying to a case were references to the case falling within or outside the Directive;

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

SCHEDULE 8 — Health ... professionals

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 2001 Order” means the Health ... Professions Order 2001 .

Health and Social Work Professions Order 2001

2

The 2001 Order is amended as follows.

3

In article 6 (health and social work professions register) , omit paragraph (3)(aa).

4

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

5

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

6

In article 9 (registration) —

• (a) in paragraph (1), for “Subject to paragraph (8), a” substitute “ A ”;

• (b) in paragraph (5), for “specified in the General Systems Regulations” substitute “ of three months beginning with the day on which the application is received ”;

• (c) omit paragraph (8).

7

In article 10 (renewal and readmission) —

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

• (b) omit paragraph (6).

8

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

9

In article 12 (approved qualifications) —

• (a) in paragraph (1)—

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

• (ii) omit sub-paragraphs (b) and (ba);

• (iii) in sub-paragraph (c)(iii), omit “(except where he is an exempt person)”;

• (b) omit paragraph (1A).

10

Omit article 13A (visiting professionals from relevant European states) .

11

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

12

In article 37 (registration appeals) , omit paragraph (1)(aa).

13

In article 38 (other appeals) —

• (a) in paragraph (1)(b), for “mentioned in paragraph (1A)” substitute “ under article 37 ”;

• (b) omit paragraph (1A);

• (c) in paragraph (3)—

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

• (ii) in sub-paragraph (c), omit from “, or the failure” to “(1A)(e),”.

14

Omit article 49 (review) .

15

In Schedule 3 (interpretation) , omit the definitions of “European professional card”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting health ... professional from a relevant European State”.

Health Professions (Parts of and Entries in the Register) Order of Council 2003

16

In the Health Professions (Parts of and Entries in the Register) Order of Council 2003 , omit article 7.

Health and Care Professions Council (Registration and Fees) Rules 2003

17

In the Health and Care Professions Council (Registration and Fees) Rules 2003 —

• (a) in rule 2 (interpretation), omit the definitions of “attesting State” and “competent authority”;

• (b) omit rule 2A;

• (c) in rule 4 (registration applications), in paragraph (4)(a), omit paragraphs (ii) and (iia) (but not the final “or”);

• (d) in rule 7 (knowledge of English), omit “who is not an exempt person”;

• (e) in rule 17 (scrutiny fees), in paragraph (2), omit “(b) or”.

Health Professions Council (Registration Appeals) Rules 2003

18

In the Health Professions Council (Registration Appeals) Rules 2003 , in rule 4 (period for appealing), in paragraph (b), for the words from “specified” to the end substitute “ of three months referred to in article 9(5) of the Order ”.

PART 2 — Savings and transitional provision

Pending applications

19

• (1) Where a relevant application is received before IP completion day, any provision made by or under the 2001 Order (except for article 12(1)(ba) of 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 kept under the 2001 Order,

• (b) renewal of registration in that register,

• (c) readmission to that register following lapse of registration, or

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

Visiting health and social work professionals: saving of old law for up to one year

20

• (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 member of one of the relevant professions (and article 13A(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 health ... professionals 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 in relation to whom sub-paragraph (1) applies may only provide services as a member of one of the relevant professions 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 health ... professional—

• (a) if the professional is registered as required by article 13A(3) of the 2001 Order, when his or her name is removed under article 13A(6) of the Order;

• (b) otherwise, when the professional's entitlement ceases by reason of the operation of article 13A(5) of the Order.

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

• (2B) But a Swiss visiting health professional’s entitlement does not continue (or further continue) under article 13A of the 2001 Order on or after the end of the visiting practitioner transitional period.

• (2C) In this paragraph, “Swiss visiting health professional” means a visiting health 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 relevant profession, no less favourably than a national of the United Kingdom or Switzerland.

• (3) In sub-paragraph (1)—

• (a) “relevant professions” has the meaning given by Schedule 3 to the 2001 Order;

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

Act or instrument	Provision relating to visiting professionals
The 2001 Order	article 6(3)(aa)
The 2001 Order	article 7(4)
The 2001 Order	article 9(1) and (8)
The 2001 Order	article 10(1) and (6)
The 2001 Order	article 11A(12)
The 2001 Order	article 13A (except paragraph (2)(b))
The 2001 Order	article 19(2A) to (2D)
The 2001 Order	article 37(1)(aa)
The 2001 Order	article 38 (so far as relating to article 37(1)(aa))
The 2001 Order	in Schedule 3, the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State” and “visiting health ... professional from a relevant European State”
Health Professions (Parts of and Entries in the Register) Order of Council 2003	article 7
Health and Care Professions Council (Registration and Fees) Rules 2003	rule 2A

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

• (a) article 13A is to be read as if for paragraph (1) there were substituted—

(1) This article applies to 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, in Switzerland (“State A”), as a member of one of the relevant professions (“the established profession”).

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

European Professional Card

21

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

• (a) a person held a valid European professional card ... as a physiotherapist in the United Kingdom, or

• (b) the Health and Care Professions 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 as a physiotherapist, 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) Where, immediately before IP completion day, a person fell within article 12(1)(ba) of the 2001 Order by virtue of holding a European professional card ... as a physiotherapist in the United Kingdom, the person is to continue to be regarded as having an approved qualification for the purposes of registration as a physiotherapist despite the revocation of article 12(1)(ba).

• (4) 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;

• (c) “registration as a physiotherapist” means registration as such in the register maintained under article 5 of the 2001 Order.

22

• (1) Where, immediately before IP completion day, a person was entitled as mentioned in article 13A(2)(b) of 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 health ... services by holders of a European professional card.

• (2) But the person's entitlement ceases on the expiry of the period of 18 months beginning with the day on which the person's European professional card was issued, and the person may accordingly be removed from the register maintained under article 5 of the 2001 Order.

• (3) The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional health ... services by holders of a European professional card” is to the provisions listed in the table in paragraph 20(3), but as if—

• (a) in the entry for article 13A of the 2001 Order, for “(except paragraph (2)(b))” there were substituted “ (except paragraphs (2)(a), (5) and (6)) ”;

• (b) in the entry for Schedule 3 to the 2001 Order, there were added the definition of “ European professional card ”.

• (4) The definition of “European professional card” in Schedule 3 to the 2001 Order, as it continues to have effect by virtue of sub-paragraph (3)(b), is to be read as if for “as amended from time to time” there were substituted “ as it had effect immediately before IP completion day”.

23

• (1) A decision within article 38(1A)(d) of the 2001 Order taken before IP completion day, or a failure within article 38(1A)(e) of that Order arising before IP completion day, continues to be appealable for the purposes of article 38(1)(b) of that Order (subject to the provisions of that Order) despite the revocation of article 38(1A).

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

• (a) dismiss the appeal, or

• (b) allow the appeal and—

• (i) direct the Council to take such steps as the court or sheriff thinks fit to draw the findings of 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 21(1) or (3), as a person who held a valid European professional card ... as a physiotherapist in the United Kingdom immediately before IP completion day,

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

IMI alerts

24

• (1) Where an alert has been sent by the Health and Care Professions 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 38(1)(b) of the 2001 Order (subject to the provisions of that Order) despite the revocation of article 38(1A)(c).

• (2) In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in article 38(3) of the 2001 Order, 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

25

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

• (a) in Schedule 3 to the 2001 Order, in paragraph (1)—

• (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, a relevant 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 a relevant 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 19A), 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;

• (iv) in the definition of “national”, for “is not” there were substituted “was not, immediately before IP completion day”;

• (b) in rule 2 of the Health and Care Professions Council (Registration and Fees) Rules 2003, in the definition of “competent authority”, after “professional qualifications” there were inserted “ (as it had effect immediately before IP completion day) ”;

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

SCHEDULE 9 — Social workers in Scotland

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 2001 Act” means the Regulation of Care (Scotland) Act 2001 .

Regulation of Care (Scotland) Act 2001

2

The 2001 Act is amended as follows.

3

In section 44 (register of social workers and of other social service workers) —

• (a) in subsection (1), omit paragraph (aa);

• (b) in subsection (2), omit paragraph (b);

• (c) omit subsection (2A).

4

In section 45 (applications for registration under Part 3) —

• (a) in subsection (1), omit “, other than for registration in the visiting European part of the register,”;

• (b) omit subsection (1A).

5

Omit section 46A (visiting social workers from relevant European States) .

6

In section 46B (qualifications gained outside Scotland) , omit paragraph (a).

7

In section 47(1) (variation etc. of conditions in relation to registration under Part 3) , omit “, other than in the visiting European part of the register,”.

8

In section 51 (appeal against decision of Council) —

• (a) in subsection (1), omit paragraphs (b) and (c);

• (b) in subsection (2)(b), omit “or, in the case of an appeal under subsection (1)(c), direct that the alert be withdrawn or amended”.

9

In section 57 (power of Council to make rules) , omit subsection (2A).

10

In section 77 (interpretation) —

• (a) omit the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State” and “visiting social worker from a relevant European state”;

• (b) in the definition of “social service worker”, omit paragraph (b).

National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004

11

The National Health Service (Primary Medical Services Performers List) (Scotland) Regulations 2004 , in paragraph 4 of Schedule 1—

• (a) in sub-paragraph (a), for “34J” substitute “ 34H ”;

• (b) in sub-paragraph (b), for “within the meaning of” substitute “ established under ”.

PART 2 — Savings and transitional provision

Pending applications

12

• (1) This paragraph applies where a relevant application is made, but not finally determined, before IP completion day.

• (2) Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the application (including any appeal arising from it), on and after IP completion day, subject to the modifications specified in paragraph 14 or, in the case of a relevant applicant, the modifications specified in paragraph 14A—

• (a) section 46B(a);

• (b) section 51(1)(b); and

• (c) in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations” and “relevant European State”.

• (2A) In this Part, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).

• (3) For the purposes of sub-paragraph (1), “relevant application” means an application for—

• (a) registration in a part of the register maintained under Part 3 of the 2001 Act; or

• (b) renewal of registration in that register.

• (4) For the purposes of sub-paragraph (1), an application is finally determined when—

• (a) it is withdrawn;

• (b) notice is given that it has been granted; or

• (c) notice is given that it has been granted subject to conditions, or refused, and either—

• (i) the time limit for appeal against the decision has expired without an appeal being made; or

• (ii) an appeal made against the decision under section 51 of the 2001 Act has been finally determined or abandoned.

Visiting social workers: saving of old law for up to five years

13

• (1) This paragraph applies 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 social worker (and section 46A(3) of the 2001 Act accordingly applied to the person), and

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

• (2) Despite their repeal or amendment by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the provision of those services by that person on and after IP completion day, as they applied before that day, subject to the modifications specified in paragraph 14—

• (a) section 44(1)(aa), (2)(b) and (2A);

• (b) section 45(1) and (1A);

• (c) section 46A;

• (d) section 47(1);

• (e) section 57(2A); and

• (f) in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations”, “relevant European State”, “social service worker” and “visiting social worker from a relevant European state”.

• (2A) Where a person to whom this paragraph applies is a relevant applicant, that person may only provide services as a social worker for a period not exceeding 90 days in total in any calendar year.

• (3) Sub-paragraph (2) has effect until—

• (a) in the case of a person who is registered in accordance with section 46A(3) of the 2001 Act, the day on which the person's name is removed from the register under section 46A(6) of that Act;

• (b) in any other case, the day on which the person's entitlement under section 46A(3) of the 2001 Act to be registered ceases by virtue of section 46A(5) of that Act.

Interpretation of saved provisions

14

The modifications of the 2001 Act mentioned in 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 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 to engage in relevant social work 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, 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 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 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 anything done before IP completion day;

IMI alerts

15

• (1) This paragraph applies where—

• (a) before 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 51(1)(c) of the 2001 Act expires on or after IP completion day; or

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

• (2) Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the decision on and after IP completion day—

• (a) section 51(1)(c); and

• (b) in section 77, the definition of “the General Systems Regulations”.

• (3) In disposing of an appeal against the decision on or after IP completion day, the sheriff has (instead of the powers specified in section 51(2) of the 2001 Act) the power—

• (a) to confirm the decision; or

• (b) if the sheriff considers that the alert should not have been sent, to allow the appeal.

SCHEDULE 10 — Social care workers in Northern Ireland

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 2001 Act” means the Health and Personal Social Services Act (Northern Ireland) 2001.

Health and Personal Social Services Act (Northern Ireland) 2001

2

The 2001 Act is amended as follows.

3

In section 2 (“social care worker” etc.) , omit subsections (5) to (7).

4

In section 3 (the register) —

• (a) in subsections (1) and (2)—

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

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

• (b) omit subsection (2A)(c).

5

Omit section 5A (visiting social workers from relevant European States) .

6

In section 7 (rules about registration) , in paragraph (c), omit “under section 5A(6) or”.

7

In section 7A (power to obtain information etc.) , in subsection (1), omit “, 5A”.

8

In section 8 (registration – enforcement) , in subsection (1)—

• (a) omit “or a visiting social worker from a relevant European State”;

• (b) in paragraph (b) for the words “registered in either of those ways” substitute “ so registered ”.

9

In section 11 (qualifications gained outside Northern Ireland) , omit subsection (A1).

10

In section 12 (post registration training) , omit subsections (2A) to (2D).

11

In section 15 (appeals to the Care Tribunal) —

• (a) in subsection (2)(b), omit the words from “or, in” to “amended”;

• (b) omit subsection (3)(b) and (c).

12

In section 18 (rules) —

• (a) in subsection (1), omit “, but subject to subsection (2A)”;

• (b) in subsection (2)(a), omit “, but subject to subsection (2A)”;

• (c) omit subsection (2A).

PART 2 — Savings and transitional provision

Pending applications

13

Where an application for registration, or renewal or restoration of registration, in the register kept under the 2001 Act is received before IP completion day, any provision made by the 2001 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 social work professionals: saving of old law for up to five years

14

• (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 social worker (and section 5A(3) of the 2001 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 2001 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 social workers from relevant European states (but subject, in the case of a relevant applicant, to the modifications to the 2001 Act specified in sub-paragraph (4)).

• (1A) Where sub-paragraph (1) applies in relation to a visiting social worker who is a relevant applicant, that visiting social worker may only provide services as a social worker 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 social worker—

• (a) if the worker is registered as required by section 5A(3) of the 2001 Act, when his or her name is removed under section 5A(6) of that Act;

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

• (3) The reference in sub-paragraph (1) to “the provisions relating to visiting social work professionals from relevant European states” is to the following provisions of the 2001 Act—

• (a) section 2(5) to (7);

• (b) section 3(1), (2) and (2A);

• (c) section 5A;

• (d) section 7(c);

• (e) section 7A(1);

• (f) section 8(1);

• (g) section 12(2A) to (2D);

• (h) section 18(1), (2) and (2A).

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

• (a) section 5A is to be read as if, in subsection (1), 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 a social worker in Switzerland”;

• (b) section 12 is to be read as if, in subsection (2D), for the words from “the relevant” to the end there were substituted “Switzerland”.

• (5) Sub-paragraph (3) does not apply in the case of a Swiss visiting social care worker.

• (6) But a Swiss visiting social care worker’s entitlement does not continue (or further continue) under section 5A of the 2001 Act on or after the end of the visiting practitioner transitional period.

• (7) In this paragraph, “Swiss visiting social care worker” means a visiting social care worker 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 social care work, no less favourably than a national of the United Kingdom or Switzerland.

IMI alerts

15

• (1) Where an alert has been sent by the Northern Ireland Social Care 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 a relevant decision for the purposes of section 15 of the 2001 Act despite the repeal of section 15(3)(c).

• (2) In disposing of an appeal against such a decision, the powers of the Care Tribunal are, instead of those set out in section 15(2) of the 2001 Act, to—

• (a) dismiss the appeal, or

• (b) allow the appeal ....

Interpretation of saved provisions

16

Where a provision continues to apply by virtue of paragraph 13, 14 or 15, it is to be read as if—

• (a) in section 2 of the 2001 Act—

• (i) in subsection (5), 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 anything done before IP completion day;

• (ii) in subsection (7)—

• (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 social work 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 social work profession, 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 IP completion day”;

• (iii) after subsection (8) there were inserted—

(8) “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;

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

SCHEDULE 11 — Social workers in England

PART 1 — Amendments to legislation

Interpretation

1

In this Schedule, “the 2018 Regulations” means the Social Workers Regulations 2018 .

Social Workers Regulations 2018

2

The 2018 Regulations are amended as follows.

3

In regulation 2 (interpretation)—

• (a) in paragraph (1), omit the definition of “relevant European State”;

• (b) omit paragraphs (2) and (3).

4

In paragraph (8) of regulation 8 (the registrar and the register), for “a relevant European State other than the United Kingdom” substitute “Iceland, Lichtenstein, Norway or Switzerland”.

5

In regulation 9 (content of the register), omit paragraph (1)(c).

6

In regulation 10 (procedure for registration), omit paragraph (5).

7

In regulation 11 (eligibility for registration)—

• (a) in paragraph (4), omit “, subject to paragraph (5)”;

• (b) omit paragraphs (5) and (8).

8

Omit regulation 18 (visiting professionals from relevant European States).

9

In regulation 19 (registration appeals)—

• (a) in paragraph (1), omit sub-paragraphs (e) and (i);

• (b) omit paragraphs (9) and (10).

10

In Schedule 1 (recognised qualifications)—

• (a) in paragraph 1, omit sub-paragraph (b);

• (b) omit paragraph 2.

PART 2 — Savings and transitional provision

Pending applications

11

The 2018 Regulations and any rules made under the 2018 Regulations continue to apply without the amendments made by Part 1 of this Schedule in relation to the following applications made before IP completion day (including any appeal arising from them)—

• (a) an application made under regulations 10(1), 13(1) or 15(1) of the 2018 Regulations (applications for registration, renewal or restoration);

• (b) an application made under regulations 9(1), 10(4) or 33(1) of the Health Professions Order 2001 (applications for registration, renewal, readmission or restoration) and treated as an application under the 2018 Regulations by virtue of Part 2 of the Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019.

Visiting social work professionals: saving of old law for up to five years

12

• (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 social worker (and regulation 18(2) of the 2018 Regulations 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 2018 Regulations 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 social work professionals from relevant European states (but subject, in the case of a relevant applicant, to the modification to the 2018 Regulations specified in sub-paragraph (1A)).

• (1A) The modification to the 2018 Regulations mentioned in sub-paragraph (1) is that regulation 18 is to be read as if for paragraph (1) there were substituted—

(1) This regulation applies to 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) (“EP”) who is lawfully established, in Switzerland (“State A”), as a social worker.

• (1B) A relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a social worker in England 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 social work professional—

• (a) if the professional is registered as required by regulation 18(2) of the 2018 Regulations, when his or her name is removed under regulation 18(5) of those Regulations;

• (b) otherwise, when the professional's entitlement ceases by reason of the operation of regulation 18(5) of those Regulations.

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

• (2B) But a Swiss visiting social worker’s entitlement does not continue (or further continue) under regulation 18 of the 2018 Regulations on or after the end of the visiting practitioner transitional period.

• (2C) In this paragraph, “Swiss visiting social worker” means a visiting social worker 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 social work, 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 social work professionals from relevant European states” is to the following provisions of the 2018 Regulations—

• (a) regulation 2(1), (2) and (3);

• (b) regulation 9(1)(c);

• (c) regulation 10(5);

• (d) regulation 18;

• (e) regulation 19(1)(i).

Interpretation of saved provisions

13

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

• (a) in regulation 2 of the 2018 Regulations—

• (i) in paragraph (1), 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 paragraph (2), for sub-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 social work 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 social work profession, no less favourably than a national of a relevant European State.

• (iii) in paragraph (3), 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;

• (c) any reference to the European Communities (Recognition of Professional Qualifications) Regulations 2007 or the European Union (Recognition of Professional Qualifications) Regulations 2015 were—

• (i) in relation to anything done before IP completion day, to those Regulations as they had effect at that time;

• (ii) otherwise, to those Regulations 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.

Signed

Signed by authority of the Secretary of State for Health and Social Care.

Stephen Hammond — Minister of State for Health, — 2019-03-14

Explanatory note

(This note is not part of the Regulations)

Footnotes