The Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019

Made: 4th April 2019

Laid before Parliament: 5th April 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by—in relation to regulation 1, the provisions mentioned in paragraphs (b) and (c);in relation to regulation 2, section 2(2) of the European Communities Act 1972 ;in relation to regulations 3 and 4, section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State makes these Regulations in exercise of the powers conferred by—

in relation to regulation 1, the provisions mentioned in paragraphs (b) and (c);

in relation to regulation 2, section 2(2) of the European Communities Act 1972 ;

in relation to regulations 3 and 4, section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the recognition of higher-education diplomas, formal qualifications, or experience in the occupation, required for the pursuit of professions or occupations.

The Secretary of State is of the opinion that, by reason of urgency, it is necessary to make these Regulations without a draft of the instrument being laid before, and approved by a resolution of, each House of Parliament .

PART 1 — Introduction

Citation and commencement

1

• (1) These Regulations may be cited as the Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019.

• (2) This regulation and regulation 2 come into force on the day after the day on which these Regulations are made.

• (3) Regulations 3 and 4 come into force immediately after the Architects Act 1997 (Amendment) (EU Exit) Regulations 2019 come into force.

PART 2 — Amendments to the Architects Act 1997 and the Architects Act 1997 (Amendment) (EU Exit) Regulations 2019

Amendments made under the European Communities Act 1972 coming into force on the day after the day on which these Regulations are made

2

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Amendments made under the European Union (Withdrawal) Act 2018 coming into force on IP completion day

3

In section 25(1) of the Architects Act 1997 (interpretation), for the definition of “the Directive” substitute—

“the Directive” means Council Directive 2005/36/EC on the recognition of professional qualifications as it had effect immediately before IP completion day and any reference to the Directive includes (without prejudice to the operation of section 20A of the Interpretation Act 1978) a reference to the Directive as extended by the EEA Agreement and by the Swiss Agreement as those Agreements had effect immediately before IP completion day;

4

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Signed

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Kit Malthouse — Minister of State — 2019-04-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act).

[^f00002]: 2018 c.16.

[^f00003]: S.I. 2002/248.

[^f00004]: Paragraph 38(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 allows for regulations under that Act to be combined with regulations, made under other enabling provisions, which are subject to the negative resolution procedure in Parliament.

[^f00005]: S.I. 2019/717.

[^f00006]: 1997 c.22. Section 25 was amended by S.I.s 2002/2842, 2008/1331, 2011/1043 and 2014/4.

Editorial notes

[^c23699261]: 1972 c. 68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a) and the European Union (Amendment) Act 2008 (c. 7), the Schedule, Part 1. It is prospectively repealed by the European Union (Withdrawal) Act 2018 (c. 16), section 1 from exit day (see section 20 of that Act).

[^c23699271]: 2018 c.16.

[^c23699281]: S.I. 2002/248.

[^c23699291]: Paragraph 38(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 allows for regulations under that Act to be combined with regulations, made under other enabling provisions, which are subject to the negative resolution procedure in Parliament.

[^c23699301]: S.I. 2019/717.

[^key-a8f1c654fa35e8e243ffffefbb2e1151]: Reg. 1 in force at 5.4.2019, see reg. 1(2)

[^key-49843cbc0a5e0e1994b8dc213b61c639]: Reg. 3 in force at 31.12.2020 immediately after S.I. 2019/717 comes into force, see reg. 1(3)

[^key-a7613a41a8b909f40db4e51ccd5fc6f3]: Words in reg. 3 heading substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 8(a)

[^key-90f3a599c9781e44149c1d239f77201f]: Words in reg. 3 substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 8(a)

[^key-f7b4282e7e06123e61945f6d8f40ed94]: Reg. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 8(b)

[^key-e042407ff8ab6dbb2b006aaf973f1922]: Reg. 2 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2