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

(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

[^f00001]: 2018 c. 16.

[^f00002]: S.I. 2007/2781.

[^f00003]: S.I. 2015/2059.

[^f00004]: S.I. 2016/1030.

[^f00005]: 1983 c. 54. Section 21B was inserted by S.I. 2006/1914.

[^f00006]: S.I. 2010/473. Relevant amending instruments are S.I. 2013/3036, 2016/1030.

[^f00007]: S.I. 2010/231.

[^f00008]: 1984 c. 24.

[^f00009]: S.I. 1998/811. Relevant amending instruments are S.I. 2004/1947, 2007/3101, 2013/3036.

[^f00010]: S.I. 2002/253.

[^f00011]: Relevant amending instruments are S.I. 2006/1914, 2007/3101, 2008/1774.

[^f00012]: Relevant amending instruments are S.I. 1996/1591, 2006/1914, 2007/3101.

[^f00013]: Subsection (2A) was inserted by S.I. 1996/1591. Relevant amending instruments are S.I. 2006/1914, 2007/3101, 2008/1774,

[^f00014]: Section 10B was inserted by S.I. 20016/1030.

[^f00015]: Subsection (3) was added by S.I. 1996/1591 and subsection (4) was added by S.I. 2016/1030. Relevant amending instruments are S.I. 2006/1914, 2007/3101.

[^f00016]: Section 14A was inserted by S.I. 2007/3101.

[^f00017]: Section 15A was inserted by S.I. 2000/3041. Relevant amending instruments are S.I. 2006/1914, 2007/3101.

[^f00018]: Section 19 was substituted by S.I. 2002/3135. Relevant amending instruments are S.I. 2007/3101, 2011/1043.

[^f00019]: Section 19A was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00020]: Relevant amending instruments are S.I. 2006/1914, 2007/3101.

[^f00021]: Section 21B was inserted by S.I. 2006/1914. Relevant amending instrument is S.I. 2007/3101.

[^f00022]: Section 21C was inserted by S.I. 2006/1914. Relevant amending instrument is S.I. 2007/3101.

[^f00023]: Relevant amending instruments are S.I. 2002/3135, 2006/1914, 2007/3101, 2008/1774.

[^f00024]: Relevant amending instruments are S.I. 2007/3101, 2008/1774.

[^f00025]: Section 34D was inserted by S.I. 2010/234.

[^f00026]: Section 34G was inserted by S.I. 2010/234.

[^f00027]: Section 34J was inserted by S.I. 2010/234.

[^f00028]: Section 34K was inserted by S.I. 2010/234.

[^f00029]: Section 34L was inserted by S.I. 2010/234.

[^f00030]: Section 40 was substituted by S.I. 2002/3135. Subsection (1B) was inserted by S.I. 2016/1030 and subsection (4A) was inserted by S.I. 2006/1914. Relevant amending instruments are S.I. 2015/794, 2016/1030.

[^f00031]: Section 44B was inserted by S.I. 2006/1914. Relevant amending instrument is S.I. 2007/3101.

[^f00032]: Section 44C was substituted by S.I. 2014/1887. Relevant amending instrument is S.I. 2007/3101.

[^f00033]: Subsection (2A) was inserted by S.I. 2006/1914. Relevant amending instruments are S.I. 2010/234, 2011/1043.

[^f00034]: Section 49B was inserted by S.I. 2007/3101. Relevant amendments are made by Schedule 19 to the Data Protection Act 2018 (c.12). Relevant amending instruments are S.I. 2008/1774, 2010/234.

[^f00035]: The definition of “the Directive” was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2007/3101, 2008/1774, 2016/1030.

[^f00036]: Relevant amending instrument is S.I. 2007/3101.

[^f00037]: Schedule 2A was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00038]: Paragraph 7 was substituted by S.I. 2007/3101.

[^f00039]: Schedule 3A was inserted by S.I. 2002/3135. Paragraph 2(1)(q) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2007/3101.

[^f00040]: Schedule 4A was inserted by S.I. 2007/3101. Relevant amendments are made by Schedule 19 to the Data Protection Act 2018. Relevant amending instruments are S.I. 2010/234, 2016/1030.

[^f00041]: S.I. 2008/653. Relevant amending instrument is S.I. 2010/234.

[^f00042]: S.I. 2010/473. Relevant amending instrument is S.I. 2016/1030.

[^f00043]: Relevant amending instruments are S.I. 2013/3036, 2016/1030.

[^f00044]: Article 12 was inserted by S.I. 2016/1030.

[^f00045]: As set out in the Schedule to the General Medical Council (Applications for General Practice and Specialist Registration) Regulations Order of Council 2010 (S.I. 2010/475). Relevant amending instrument is S.I. 2011/1248.

[^f00046]: Made by the General Medical Council in exercise of powers conferred by section 31(1) and (2) of the Medical Act 1983.

[^f00047]: As set out in the Schedule to the General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012 (S.I. 2012/2685).

[^f00048]: Relevant amending instruments are S.I. 2014/1273, 2015/1375.

[^f00049]: S.I. 2015/94, to which there are amendments not relevant to this instrument.

[^f00050]: S.I. 2015/1862, to which there are amendments not relevant to this instrument

[^f00051]: S.I. 2015/1879, to which there are amendments not relevant to this instrument.

[^f00052]: Relevant amending instrument is S.I. 2016/1030.

[^f00053]: 1968 c. 67.

[^f00054]: S.I. 2010/231.

[^f00055]: Section 67E was inserted by S.I. 2018/181.

[^f00056]: Subsection (1ZA) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2010/231.

[^f00057]: Subsection (7) was substituted by S.I. 2010/231.

[^f00058]: Subsections (5) and (5A) were substituted by S.I. 2010/231.

[^f00059]: Relevant amending instruments are S.I. 2011/1043, 2016/1030.

[^f00060]: Relevant amending instrument is 2016/1030.

[^f00061]: Relevant amending instrument is S.I. 2016/1030.

[^f00062]: Article 23A was inserted by S.I. 2015/806.

[^f00063]: Paragraphs (2A), (2B) and (5A) were inserted, and paragraphs (4) and (5) were amended, by S.I. 2015/806.

[^f00064]: Article 32 was substituted by S.I. 2014/1887.

[^f00065]: Article 33A was inserted by S.I. 2016/1030. Relevant amendments made by paragraph 354 of Schedule 19 to the Data Protection Act 2018.

[^f00066]: Paragraph (1)(cb) was inserted by S.I. 2015/806. Paragraph (1)(t) and (u) and (1A) were inserted by S.I. 2016/1030.

[^f00067]: Paragraphs (1A) and (7)(ca) were inserted by, and paragraph (7)(b) was amended by, S.I. 2016/1030.

[^f00068]: Paragraph (4)(ca) was inserted by, and paragraph (4)(b) was amended by, S.I. 2016/1030.

[^f00069]: Relevant amending instrument is S.I. 2016/1030.

[^f00070]: Article 42A was inserted by S.I.2016/1030.

[^f00071]: Relevant amendments made by paragraph 357 of Schedule 19 to the Data Protection Act 2018, S.I. 2016/1030.

[^f00072]: Article 71 was inserted by S.I. 2016/1030.

[^f00073]: Relevant amending instrument is S.I. 2016/1030.

[^f00074]: Schedule 2A was inserted by S.I. 2016/1030. Relevant amendments made by paragraph 358 of Schedule 19 to the Data Protection Act 2018.

[^f00075]: Relevant amendments made by paragraph 359 of Schedule 19 to the Data Protection Act 2018, S.I. 2015/806, 2016/1030.

[^f00076]: S.I. 2004/1031. Paragraph (a) was substituted by S.I. 2010/231, and paragraph (b) was amended by, S.R. 2008 No.192.

[^f00077]: S.I. 2007/564.

[^f00078]: S.S.I. 2009/183. Relevant amending instrument is S.I. 2010/231.

[^f00079]: As set out in the Schedule to the General Pharmaceutical Council (Registration Rules) Order of Council 2010 (S.I. 2010/1617). Paragraph 10(3ZA) was inserted by S.I. 2016/1030. Paragraph 10(12) was substituted by S.I. 2010/2660. Relevant amending instruments are S.I. 2012/3171, 2016/1008, 1030.

[^f00080]: S.I. 2010/1620.

[^f00081]: As set out in the Schedule to the General Pharmaceutical Council (Continuing Professional Development and Consequential Amendments) Rules Order of Council 2011 (S.I. 2011/1367).

[^f00082]: S.I. 2012/1916.

[^f00083]: S.I. 2013/349.

[^f00084]: 1984 c. 24.

[^f00085]: S.I. 1998/811.

[^f00086]: Section 12A was inserted by S.I. 2007/3101.

[^f00087]: Section 14 was substituted by S.I. 2005/2011 and subsection (1A) was inserted by S.I. 2007/3101.

[^f00088]: Subsection (1)(b) and (ba) was substituted by S.I. 2007/3101. Subsection (3)(ba) was inserted by 2015/806. Subsections (4A) to (4BD) were substituted by S.I. 2007/3101. Subsection (4C) was inserted by S.I. 1998/811. Relevant amending instruments are S.I. 2007/3101, 2016/1030.

[^f00089]: Section 15A was inserted by S.I. 2015/806.

[^f00090]: Subsections (2A) was inserted by S.I. 1998/811. Subsection (2B) was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2003/3148, 2007/3101.

[^f00091]: Subsection (3A) was inserted by S.I. 1998/811, and subsection (3B) was inserted by S.I. 2015/806. Relevant amending instruments are S.I. 2003/3148, 2007/3101.

[^f00092]: Subsections (2A) and (2B) were inserted by S.I. 2007/3101.

[^f00093]: Subsection (1A) was inserted by, and subsection (1) was amended by, S.I. 2007/3101.

[^f00094]: Section 21A was substituted by S.I. 2007/3101. Subsections (2A) and (2B) were inserted by S.I. 2015/806.

[^f00095]: Section 26A was substituted by S.I. 2014/1887.

[^f00096]: Subsection (1)(d) was inserted by S.I. 2016/1030. Subsection (1B) was inserted by S.I. 2005/2011. Subsection (3) was substituted by section 31(2)(d) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) and subsection (3)(b) to (d) was substituted by S.I. 2005/2011. Relevant amending instruments is S.I. 2016/1030.

[^f00097]: Section 34AA was inserted by S.I. 2007/3101.

[^f00098]: Relevant amending instruments are S.I. 2005/2011, 2007/3101.

[^f00099]: Relevant amending instruments are S.I. 1996/1496, 2007/3101.

[^f00100]: Section 36ZA was inserted by S.I. 2007/3101 and amended by paragraph 29 of Schedule 19 to the Data Protection Act 2018.

[^f00101]: Section 36ZB was inserted by S.I. 2007/3101.

[^f00102]: Section 36B was inserted by S.I. 2005/2011. Subsection (1A) was inserted by S.I. 2007/3101.

[^f00103]: Section 36C was inserted by S.I. 2005/2011. Subsections (3) and (5)(b) were substituted by, S.I. 2007/3101. Subsections (6A) and (6B) were inserted by S.I. 2015/806. Relevant amending instrument is S.I. 2006/1718.

[^f00104]: Section 36CA was inserted by S.I. 2015/806.

[^f00105]: Section 36E was inserted by S.I. 2005/2011. Relevant amending instrument is S.I. 2007/3101.

[^f00106]: Section 36F was inserted by S.I. 2005/2011. Subsection (1A) was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2007/3101, 2015/806.

[^f00107]: Section 36L was substituted by S.I. 2014/1887.

[^f00108]: Section 36S was inserted by S.I. 2005/2011. Relevant amending instrument is S.I. 2016/1030.

[^f00109]: Section 36Z3 was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00110]: Section 36Z4 was inserted by S.I. 2007/3101.

[^f00111]: The definitions of “competent authority”, “the Directive”, “exempt person”, “the General Systems Regulations”, “national”, and “relevant European State” were inserted by S.I. 2007/3101. The definitions of “Directive 2002/58/EC” and “IMI” were inserted by, and “the General Systems Regulations” was substituted by, S.I. 2016/1030. Relevant amending instrument is S.I. 2011/1043.

[^f00112]: Relevant amending instruments are S.I. 1996/1496, 2003/3148, 2004/1947, 2007/3101, 2013/3036, 2016/1030.

[^f00113]: Schedule 2A was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2007/3101, 2015/806.

[^f00114]: Schedule 4 was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00115]: Schedule 4ZA was inserted by S.I. 2007/3101. Relevant amending instruments are Schedule 19 to the Data Protection Act 2018, S.I. 2016/1030.

[^f00116]: Schedule 4A was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2007/3101, 2015/806.

[^f00117]: Paragraph (1) was amended by S.I. 2004/1947, 2007/3101, 2011/1043, 2016/1030, Schedule 19 to the Data Protection Act 2018. There are other amending instruments but none is relevant.

[^f00118]: Regulation 3 was amended by S.I. 2007/3101, 2011/1043.

[^f00119]: Regulation 4 was substituted by S.I. 2007/3101.

[^f00120]: Paragraph (1) and (2) were substituted by S.I. 2007/3101.

[^f00121]: Paragraph (2) to (2B) were substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00122]: Relevant amending instruments are S.I. 2003/3148, 2007/3101.

[^f00123]: Regulation 9A was inserted by S.I. 2007/3101.

[^f00124]: Relevant amending instruments are S.I. 2004/1947, 2007/3101, 2013/3036.

[^f00125]: Regulation 13 was substituted by S.I. 2003/3148. Relevant amending instrument is S.I. 2007/3101.

[^f00126]: Relevant amending instrument is S.I. 2007/3101.

[^f00127]: Schedule A1 was inserted by S.I. 2007/3101. Relevant amendments made by Schedule 19 to the Data Protection Act 2018. Relevant amending instrument is S.I. 2016/1030.

[^f00128]: As set out in the Schedule to the General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules Order of Council 2015 (S.I. 2015/1758). Relevant amending instrument is S.I. 2007/3101.

[^f00129]: As set out in the Schedule to the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules Order of Council 2017 (S.I. 2017/966).

[^f00130]: S.I. 2002/253.

[^f00131]: Article 5A was inserted by S.I. 2015/806.

[^f00132]: Paragraph (3)(aa) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

[^f00133]: Paragraph (4) was inserted by S.I. 2007/3101 and substituted by S.I. 2018/838.

[^f00134]: Relevant amending instrument is S.I. 2007/3101.

[^f00135]: Paragraphs (3A) and (7) were inserted by S.I. 2007/3101, paragraphs (3B) and (3C) were inserted by S.I. 2015/806. Paragraph (5) was substituted by S.I. 2007/3101 and paragraph (7) was substituted by S.I. 2018/838. Relevant amending instruments are S.I. 2007/3101, 2015/806, 2018/838.

[^f00136]: Paragraph (1) was amended by and paragraph (6) was inserted by S.I. 2007/3101.

[^f00137]: Article 12A was inserted by S.I. 2014/1887 and paragraph (11) was substituted by S.I. 2018/838.

[^f00138]: Paragraphs (1)(b)-(f) were substituted, by and paragraphs (1A) and (1B) were inserted by, S.I. 2007/3101. Relevant amending instruments are S.I. 2015/806, 2016/1030, 2018/838.

[^f00139]: Relevant amending instrument is S.I. 2007/3101.

[^f00140]: Relevant amending instrument is S.I. 2007/3101.

[^f00141]: Paragraphs (2A) to (2D) were inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

[^f00142]: Paragraph (1)(zb) was inserted by S.I. 2015/806. Paragraph (1)(aa) was inserted by S.I. 2007/3101. Paragraphs (1)(e)-(h) and (9)(ca) were inserted by, and paragraph (9)(b) was amended by, S.I. 2016/1030. Relevant amending instruments are S.I. 2016/1030, 2018/838.

[^f00143]: Paragraph (3)(ca) was inserted by S.I. 2016/1030. Relevant amending instruments are S.I. 2016/1030, 2017/231.

[^f00144]: Articles 39 and 40 were substituted by, and article 39A was inserted by, S.I. 2007/3101. Article 39B was inserted by S.I. 2016/1030. Article 39C was inserted by S.I. 2018/838. Relevant amendments made by Schedule 19 to the Data Protection Act 2018. Relevant amending instruments are S.I. 2016/1030, 2018/838.

[^f00145]: Article 55 was inserted by S.I. 2016/1030.

[^f00146]: Schedule 2A was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2011/1043, 2016/1030.

[^f00147]: Schedule 2B was inserted by 2016/1030, and amended by Schedule 19(2) Data Protection Act 2018.

[^f00148]: Schedule 3 was substituted by 2007/3101, and amended by Schedule 19(2) Data Protection Act 2018. Relevant amending instruments are S.I. 2015/806, 2016/1030.

[^f00149]: Relevant amending instruments are Data Protection Act 2018, S.I. 2003/3148, 2007/3101, 2011/1043, 2016/1030, 2018/838.

[^f00150]: As set out in the Schedule to the Nursing and Midwifery Council (Fees) Rules Order of Council 2004 (S.I. 2004/1654).

[^f00151]: S.I. 2004/1765. Relevant amending instruments are S.I. 2007/3101, 2018/838.

[^f00152]: S.I. 2004/1766.

[^f00153]: As set out in the Schedule to the Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules Order of Council 2004 (S.I. 2004/1767).

[^f00154]: Paragraph (2) was inserted by S.I. 2007/3101.

[^f00155]: Rule 2A was inserted by S.I. 2007/3101 and substituted by pending amending instrument S.I. 2018/838.

[^f00156]: Paragraphs (1) and (2) were substituted by S.I. 2007/3101.

[^f00157]: Paragraphs (3) and (4) were inserted by S.I. 2007/3101. Paragraph (4A) was inserted by S.I. 2016/1030. Relevant amending instruments are S.I. 2007/3101, 2016/1030, 2018/838.

[^f00158]: Paragraphs (1A) to (1F) were inserted by S.I. 2007/3101, except paragraph (1ZA) which was inserted by S.I. 2018/838. Relevant amending instruments are S.I. 2007/3101, 2018/838.

[^f00159]: Rule 8 was substituted by 2011/2297. Relevant amending instrument is S.I. 2018/838.

[^f00160]: Relevant amending instruments are S.I. 2007/3101, 2014/1887, 2015/1923. There are other amending instruments but none is relevant.

[^f00161]: Relevant amending instruments are S.I. 2015/1923, 2016/1030.

[^f00162]: Relevant amending instruments are S.I. 2015/1923, 2016/1030.

[^f00163]: Relevant amending instrument is S.I. 2007/3101.

[^f00164]: 1989 c. 44.

[^f00165]: Relevant amending instruments are S.I. 2005/848, 2007/3101.

[^f00166]: Sections 8B to 8D were inserted by S.I. 2007/3101. Sections 8C and 8D were amended by S.I. 2016/1030.

[^f00167]: Relevant amending instruments are S.I. 2005/848, 2007/3101.

[^f00168]: Section 10A was inserted by S.I. 2005/848 and substituted by S.I. 2014/1887.

[^f00169]: Section 11A was inserted by S.I. 2005/848 and subsections (5) to (7) were inserted by S.I. 2007/3101.

[^f00170]: Section 11B was inserted by S.I. 2005/848 and subsections (1A) to (1C) were inserted by S.I. 2007/3101.

[^f00171]: Section 23G was inserted by S.I. 2005/848. Relevant amending instrument is S.I. 2016/1030.

[^f00172]: Subsection 2A was inserted by S.I. 2007/3101.

[^f00173]: Relevant amending instruments are S.I. 2005/848, 2007/3101, 2011/1043, 2016/1030.

[^f00174]: Relevant amending instrument is S.I. 2008/1774.

[^f00175]: 1978 c. 29. Relevant amending instruments are S.I. 2005/848, 2007/3101.

[^f00176]: 2006 c. 41. Relevant amending instrument is S.I. 2007/3101.

[^f00177]: 2006 c. 42. Relevant amending instrument is S.I. 2007/3101.

[^f00178]: S.I. 1986/975. Relevant amending instruments are S.I. 2005/1481, 2007/122 (W.12), 2007/3101.

[^f00179]: S.I. 1992/664. Relevant amending instruments are S.I. 2005/848, 2007/3101.

[^f00180]: As set out in the Schedule to the General Optical Council (Testing of Sight by Persons Training as Ophthalmic Opticians Rules) Order of Council 1994 (S.I. 1994/70). Relevant amending instrument is S.I. 2007/3101.

[^f00181]: S.I. 2004/1031. Relevant amending instrument is S.I. 2007/3101.