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

Interpretation

1A

• (1) In these Regulations—

• “the 2017 Act” means the Children and Social Work Act 2017;

• “the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007;

• “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day;

• “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;

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

• “qualifying applicant” means an individual—who is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either the United Kingdom or Switzerland for the purposes of access to and pursuit of a regulated profession,who wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity,who has obtained a relevant qualification,who, if that relevant qualification was obtained in a third country, has three years’ professional experience in the profession concerned in the territory of Switzerland and certified by a Swiss competent authority, andwho, if that relevant qualification is a professional qualification obtained in an EEA State, is legally established in Switzerland, unless the individual is a Swiss national;

• “relevant applicant” means an individual—who provides services in a regulated profession in the United Kingdom on a temporary and occasional basis on the basis of an existing contract,who began providing, or begins to provide, the services mentioned in paragraph (a), either—before IP completion day, in an employed or self-employed capacity, oron or after IP completion day, as an employee posted for the purpose of carrying on professional activities in the United Kingdom by their employer who is established in the United Kingdom or Switzerland,who is a national of the United Kingdom or Switzerland, or a third country national, who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either the United Kingdom or Switzerland for the purposes of access to and pursuit of a regulated profession,who is legally established in Switzerland for the purpose of pursuing the same profession there, andwho, if neither the regulated profession the individual wishes to access and pursue in the United Kingdom nor the education and training leading to it is regulated in Switzerland, has pursued that profession in Switzerland for at least two years during the ten years preceding the provision of services;

• “relevant European State” means an EEA State or Switzerland;

• “relevant qualification” means—a professional qualification obtained in an EEA State or Switzerland before IP completion day;a professional qualification started in an EEA State or Switzerland but not completed before IP completion day;a third country professional qualification recognised by a competent authority in Switzerland pursuant to Article 2(2) of Directive 2005/36/EC before IP completion day;a third country professional qualification for which an application for recognition pursuant to Article 2(2) of Directive 2005/36/EC has been submitted to a competent authority in Switzerland before IP completion day, where that application is successful;

• “same profession” means the profession for which the applicant is qualified in the applicant’s home State if the activities covered are comparable;

• “Swiss applicant” means a person who is—a national of the United Kingdom,a national of Switzerland, ora third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a particular profession, no less favourably than a national of either of those states;

• “Swiss recognition period” means the period of four years beginning with the day immediately after IP completion day;

• “third country” has the same meaning as in regulation 2(1) of the 2007 Regulations;

• “visiting practitioner transitional period” means—the period of five years beginning with IP completion day, orif the period in sub-paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, that period as extended.

Medical practitioners

Pharmacists and pharmacy technicians

Dentists and dental care professionals

Nurses, midwives and nursing associates

Opticians

Osteopaths

Chiropractors

Health and social work professionals

Social workers in Scotland

Social care workers in Northern Ireland

Social workers in England

Actions taken, decisions made etc. before IP completion day: general saving

12A

The amendments, repeals and revocations made by these Regulations to an enactment do not affect the validity of any action or decision taken, or right accrued, before IP completion day under that enactment, except as provided by any applicable saving or transitional provision made by Part 2 of any of the Schedules to these Regulations.

Equal treatment and administrative co-operation under the Swiss citizens’ rights agreement

12B

• (1) In dealing with a relevant applicant who provides services in the United Kingdom pursuant to a relevant savings provision in relation to any matter, the competent authority must treat that person no less favourably than it would treat a native applicant (within the meaning given in regulation 2 of the 2007 Regulations) providing those services in the United Kingdom in relation to that matter.

• (2) Where an individual is providing services on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the appropriate competent authority in the United Kingdom must co-operate with and provide the appropriate competent authority in Switzerland with any information relevant to the legality of the individual’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature, in accordance with the practice information provision.

• (3) Where an individual has made or makes an application falling within Articles 31(1) or 32(1) or (5) of the Swiss citizens’ rights agreement to a competent authority in Switzerland for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom, the appropriate competent authority in the United Kingdom must—

• (a) co-operate with the competent authority or contact point in Switzerland or the individual (as the case may be), in accordance with the general cooperation provision, and

• (b) provide information to the competent authority in Switzerland regarding disciplinary action or criminal sanctions taken, or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual.

• (4) A competent authority in the United Kingdom must process information for the purposes of paragraphs (2) and (3) in accordance with data protection legislation within the meaning given in section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018.

• (5) In this regulation—

• “the general cooperation provision”, in relation to a competent authority in the United Kingdom, means—to the extent it applies to the competent authority, regulation 5(2) to (7) (functions of competent authorities in the United Kingdom) of the 2007 Regulations, andwhere any of the following Schedules applied to the competent authority immediately before IP completion day, that Schedule as it had effect in relation to the competent authority immediately before IP completion day—Schedule 4A (Directive 2005/36: functions of the General Medical Council) to the Medical Act 1983;Schedule 4ZA (Directive 2005/36: functions of the General Dental Council) to the Dentists Act 1984;Schedule 3 (Directive 2005/36: functions of the Nursing and Midwifery Council) to the Nursing and Midwifery Order 2001;Schedule 3 (the Directive: designation of competent authority etc) to the Pharmacy Order 2010;

• “the practice information provision”, in relation to a competent authority, means any of the following provisions which apply to the competent authority—section 35B(2) of the Medical Act 1983;section 33C(3) of the Dentists Act 1984;section 13C(3) of the Opticians Act 1989;article 22(10) of the Nursing and Midwifery Order 2001;article 22(10) of the Health Professions Order 2001;regulation 5(2), (3) and (4) of the 2007 Regulations;article 50 of the Pharmacy Order 2010;regulations 25(1)(c) and 26(5)(b)(v) of the Social Workers Regulations 2018;

• “relevant savings provision” means any of the following provisions of these Regulations—paragraph 68 (visiting medical practitioners: saving of old law for up to five years) of Schedule 1;paragraph 45 (visiting pharmacists and pharmacy technicians: saving of old law for up to five years) of Schedule 2;paragraph 37 or 38 (visiting dentists or dental care professionals: saving of old law for up to five years) of Schedule 3;paragraph 28 or 29 (visiting nurses, midwives and nursing associates: saving of old law for up to one year) of Schedule 4;paragraph 26 (visiting opticians: saving of old law for up to five years) of Schedule 5;paragraph 16 (visiting osteopaths: saving of old law for up to five years) of Schedule 6;paragraph 15 (visiting chiropractors: saving of old law for up to five years) of Schedule 7;paragraph 20 (visiting health professionals: saving of old law for up to five years) of Schedule 8;paragraph 13 (visiting social workers in Scotland: saving of old law for up to five years) of Schedule 9;paragraph 14 (visiting social work professionals in Northern Ireland: saving of old law for up to five years) of Schedule 10;paragraph 12 (visiting social work professionals in England: saving of old law for up to five years) of Schedule 11.

Administrative cooperation under the EEA EFTA citizens’ rights agreement

12C

• (1) Where an individual has, before IP completion day, made an application falling under Article 26 of the EEA EFTA citizens’ rights agreement to a competent authority in Iceland, Norway or Liechtenstein for recognition of a professional qualification obtained in the United Kingdom, the appropriate competent authority in the United Kingdom must—

• (a) co-operate with the competent authority or assistance centre in Iceland, Norway or Liechtenstein, or with the individual (as the case may be), in accordance with the general cooperation provision, and

• (b) provide information to the competent authority in Iceland, Liechtenstein or Norway regarding disciplinary action or criminal sanctions taken, or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual.

• (2) Competent authorities must process information for the purposes of paragraph (1) in accordance with data protection legislation within the meaning given in section 3(9) of the Data Protection Act 2018.

• (3) In this regulation—

• “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015, as it had effect immediately before IP completion day;

• “EEA EFTA citizens’ rights agreement” means the Agreement signed at London on 2 April 2019 between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland on arrangements regarding citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement;

• “the general cooperation provision”, in relation to a competent authority, means—where any of the following Schedules applied to the competent authority immediately before IP completion day, that Schedule as it had effect in relation to the authority immediately before IP completion day—Schedule 4A to the Medical Act 1983;Schedule 4ZA to the Dentists Act 1984;Schedule 3 to the Nursing and Midwifery Order 2001;Schedule 3 to the Pharmacy Order 2010;to the extent that they apply to the authority—regulation 5(2), (4) and (5) of the 2015 Regulations, but as modified by paragraph 44(4)(b) of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019;regulation 5(3) of the 2015 Regulations.

References to the General Systems Regulations

Review of continued recognition of certain European qualifications

Swiss medical practitioners: saving of old law

67A

• (1) This paragraph applies where—

• (a) an application to be registered, or provisionally registered, under the 1983 Act is received from a qualifying Swiss applicant before the end of the Swiss recognition period, or

• (b) an application to be registered under the 1983 Act is received from a qualifying Swiss applicant who is, immediately before the end of the Swiss recognition period, provisionally registered under the 1983 Act.

• (2) Where this paragraph applies, any provision made by or under the 1983 Act continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the establishment provisions (but subject to the modifications to the 1983 Act and the 2010 Order specified in sub-paragraphs (4) and (5)).

• (3) The reference in sub-paragraph (2) to “the establishment provisions” is to the provisions of the following enactments—

• (a) the 1983 Act other than—

• (i) the provisions of that Act mentioned in the table following paragraph 68(3) of this Schedule, and

• (ii) sections 5(2A), 21B, 21C, 34D(5), 34G, 34J, 34K, 34L, 44B and 46(2A)(b);

• (b) the National Health Service Pension Scheme Regulations 2008;

• (c) the 2010 Order other than the provisions of that Order mentioned in the table following paragraph 68(3);

• (d) the National Health Service Pension Scheme Regulations 2015;

• (e) the National Health Service (General Medical Services Contracts) Regulations 2015;

• (f) the National Health Service (Personal Medical Services Agreements) Regulations 2015.

• (4) The modifications to the 1983 Act mentioned in sub-paragraph (2) are—

• (a) section 3 is to be read as if—

• (i) in subsection (1) for paragraph (b) there were substituted—

(b) being a Swiss national— (i) holds one or more primary European qualifications, and (ii) makes an application, before the end of the Swiss recognition period, for registration under this paragraph, or is, at the end of that period, provisionally registered under section 15A (provisional registrations for EEA nationals etc), (c) being a national of the United Kingdom— (i) holds one or more primary European qualifications obtained in Switzerland, and (ii) makes an application, before the end of the Swiss recognition period, for registration under this paragraph, or is, at the end of that period provisionally registered under section 15A, or (d) being a national of the United Kingdom who is established in Switzerland and— (i) holds one or more primary European qualifications none of which was obtained in Switzerland, and (ii) makes an application, before the end of the Swiss recognition period, for registration under this paragraph, or is, at the end of that period, provisionally registered under section 15A,

• (ii) for subsection (2) there were substituted—

(2) Any person who is a third country national and was, immediately before IP completion day, by virtue of an enforceable EU right (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) entitled to be treated no less favourably than a national of either the United Kingdom or Switzerland for the purposes of access to and pursuit of the medical profession, shall be treated for the purposes of— (a) subsection (1)(b), as if he were a Swiss national, or (b) subsection (1)(c) or (d), as if he were a United Kingdom national, and shall be treated no less favourably than if he were a national of either of those states, as the case may be.

• (b) section 5(4) is to be read as if, in the definition of “the Directive”, for “amended from time to time” there were substituted “it had effect immediately before IP completion day”;

• (c) section 14 is to be read as if—

• (i) subsection (3) were omitted;

• (ii) in subsection (4)(a), for “national of a relevant European State” there were substituted “qualifying Swiss applicant”;

• (d) section 14A is to be read as if—

• (i) in subsection (1)—

• (aa) in the words before paragraph (a), for “national of a relevant European State” there were substituted “qualifying Swiss applicant”;

• (bb) before paragraph (a), there were inserted—

(zb) who makes an application for registration under this section before the end of the Swiss recognition period;

• (ii) subsection (2) were omitted;

• (e) section 15A is to be read as if—

• (i) in subsections (1) and (2), for the words “national of a relevant European State” there were substituted “qualifying Swiss applicant”;

• (ii) in subsection (2), for the words “his fitness to practise is not impaired” there were substituted—

— (c) the person makes an application, before the end of the Swiss recognition period, for registration under this section, and (d) the person’s fitness to practise is not impaired.

• (iii) subsection (3) were omitted;

• (iv) in subsection (5), after “medical training” there were inserted “in a relevant European State”;

• (f) section 16(2) is to be read as if “other than a primary United Kingdom qualification” were omitted;

• (g) section 17(1) is to be read as if “other than the United Kingdom” were omitted;

• (h) section 19 is to be read as if—

• (i) before subsection (1), there were inserted—

(A1) Subsection (1) applies only in relation to a qualifying Swiss applicant— (a) who has made an application, before the end of the Swiss recognition period, for registration under this section, or (b) who is provisionally registered under section 21.

• (ii) in subsection (1)—

• (aa) in the words before paragraph (a), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

• (bb) for paragraph (aa), there were substituted—

(aa) that qualification has been recognised by a competent authority in Switzerland pursuant to Article 2(2) of the Directive as qualifying the person to practise as a medical practitioner in Switzerland;

• (iii) subsection (2) were omitted;

• (iv) in subsection (3), paragraph (a) were omitted;

• (i) section 19A is to be read as if—

• (i) in the words before paragraph (a), for “An exempt person” there were substituted “A qualifying Swiss applicant”;

• (ii) before paragraph (a), there were inserted—

(zb) who has made an application for registration under this section before the end of the Swiss recognition period;

• (j) section 21 is to be read as if for subsection (2) there were substituted—

(2) Where a qualifying Swiss applicant— (a) makes an application to the General Council, before the end of the Swiss recognition period, to be provisionally registered under this section, and (b) satisfies the Registrar of the matters specified in paragraphs (a), (aa) and (c) of section 19(1), the practitioner shall, if the Council think fit so to direct, be provisionally registered under this section.

• (k) section 55(1) is to be read as if—

• (i) in the definition of “the General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning of regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

• (ii) in the appropriate places, there were inserted—

• “qualifying Swiss applicant” has the meaning given in paragraph 67A(6) of Schedule 1 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

• “Swiss recognition period” means the period of four years beginning with the day immediately after IP completion day;

• (iii) after subsection (1), there were inserted—

(1ZB) For the purposes of this Act, an application for registration is made when it is received by the Registrar.

• (5) The modifications to the 2010 Order mentioned in sub-paragraph (2) are—

• (a) article 2 is to be read as if—

• (i) after the definition of “the Act”, there were inserted—

• “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day;

• (ii) after the definition of “previous legislation”, there were inserted—

• “qualifying Swiss applicant” has the meaning given in paragraph 67A(6) of Schedule 1 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

• (b) article 4 is to be read as if—

• (i) in paragraph (1)—

• (aa) for “exempt persons” there were substituted “qualifying Swiss applicants”;

• (bb) the words “other than the United Kingdom” were omitted;

• (ii) in paragraph (4), “Subject to paragraph (5),” were omitted;

• (iii) paragraph (5) were omitted;

• (iv) for paragraph (6)(a), there were substituted—

(a) is a qualifying Swiss applicant who holds a qualification in general practice which was granted otherwise than in a relevant European State but has been recognised by a competent authority in Switzerland pursuant to Article 2(2) of the Directive as qualifying that person to practise as a general practitioner in Switzerland; or

• (c) article 5 is to be read as if—

• (i) the existing paragraph were paragraph (1) and in that paragraph, in the words before sub-paragraph (a), for “A person” there were substituted “A qualifying Swiss applicant”;

• (ii) after paragraph (1), there were inserted—

(2) In this article, any reference to “the General Systems Regulations” is a reference to those Regulations as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).

• (d) article 8 is to be read as if—

• (i) in paragraph (1)—

• (aa) for “exempt persons” there were substituted “qualifying Swiss applicants”;

• (bb) “outside the United Kingdom” were omitted;

• (ii) in paragraphs (2) and (3)—

• (aa) “Subject to paragraph (4),” were omitted;

• (bb) for “a person” there were substituted “A person”;

• (iii) paragraph (4) were omitted;

• (iv) for paragraph (5)(a), there were substituted—

(a) is a qualifying Swiss applicant who holds a specialist qualification which was granted otherwise than in a relevant European State but has been recognised by a competent authority in Switzerland pursuant to Article 2(2) of the Directive, as qualifying that person to practise as a specialist in Switzerland; or

• (e) in article 10, the words “other than the United Kingdom” were omitted in each place where they occur.

• (6) In this paragraph—

• “the 1983 Act” means the Medical Act 1983;

• “the 2010 Order” means the Postgraduate Medical Education and Training Order of Council 2010;

• “qualifying Swiss applicant” means a Swiss applicant (“A”)—who holds a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019),who had not, before IP completion day, applied for registration under section 3, 14A, 19, 19A or 21B of the 1983 Act, or to be provisionally registered under that Act, andif A falls within paragraph (a) of the definition of “Swiss applicant” and only holds relevant qualifications obtained in EEA States, is established in Switzerland.

Visiting medical practitioners: saving of old law for up to five years

Swiss pharmacists qualifying outside the United Kingdom: saving of old law

44A

• (1) Where an application for registration in Part 1 of the Register is received from a qualifying Swiss applicant before the end of the Swiss recognition period, any provision made by an instrument amended by Part 1 of this Schedule continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the establishment provisions (but subject to the modifications to the 2010 Order and the General Pharmaceutical Council (Registration) Rules 2010 specified in sub-paragraphs (3) and (4)).

• (2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments—

• (a) the 2010 Order, other than articles 19(2)(d) and (e), 32(11), 33, 33A, 36(3), 39(1)(c) and (e), 66(2) and 71, and Schedule 2A;

• (b) the Approved European Pharmacy Qualifications Order of Council 2007;

• (c) the General Pharmaceutical Council (Registration) Rules 2010;

• (d) the Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 2010.

• (3) The modifications to the 2010 Order mentioned in sub-paragraph (1) are—

• (a) article 3(1) is to be read as if—

• (i) in the definitions of “the Directive” and “Directive 2002/58/EC”, for “as amended from time to time” there were substituted “as it had effect immediately before IP completion day”;

• (ii) in the definition of “General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

• (iii) there were inserted at the appropriate place—

• “qualifying Swiss applicant” has the meaning given in paragraph 44A(5) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

• (iv) for the definition of “third country”, there were substituted—

• “third country” has the same meaning as in regulation 2(1) of the 2007 Regulations.

• (b) article 20(4) is to be read as if, for sub-paragraph (a), there were substituted—

(a) is a qualifying Swiss applicant who has qualified as a pharmacist in a relevant European State;

• (c) article 21 is to be read as if—

• (i) in paragraph (1), in sub-paragraphs (b) and (c), for “an exempt person”, there were substituted “a qualifying Swiss applicant”;

• (ii) in paragraph (1), in sub-paragraph (d)—

• (aa) in the words before paragraph (i), “subject to paragraph (2)” were omitted;

• (bb) in paragraph (ii)(aa), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

• (cc) in paragraph (ii)(bb), “whether or not P is an exempt person” were omitted;

• (iii) paragraphs (2), and (4)(b) were omitted, and the “and” at the end of paragraph (4)(a) were omitted;

• (iv) in paragraph (5)—