LegalizeThe Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020
- replace the existing transitional provisions, in particular to make further provision for administrative cooperation in accordance with the Withdrawal Agreement, EEA EFTA separation agreement and Swiss citizens’ rights agreement, and for extended rights to provide professional services and for recognition of a professional qualification in accordance with the Swiss citizens’ rights agreement; and
- amend provisions amending the Education (School Teachers’ Qualifications) (England) Regulations 2003 (S.I. 2003/1662).
Regulation 5 and Schedule 2 amend the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/454) to make transitional provision relating to the recognition of veterinary qualifications held by Swiss citizens’ rights agreement entitled persons.
Regulation 6 amends the Farriers and Animal Health (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/457) to make transitional provision relating to the recognition of farriery qualifications held by Swiss citizens’ rights agreement entitled persons.
Regulations 7 and 8 and Schedule 3 make amendments to the modifications made to the Architects Act 1997 (c. 22) by the Architects Act 1997 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/717), and the amendments to those Regulations by the Architects Act 1997 (Swiss Qualifications) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/810), to replace the references to “exit day” with “IP completion day”.
In Part 4, regulation 10 provides that certain provisions on free movement of workers, so far as they relate to the recognition of professional qualifications, which continue as directly effective rights in domestic law by virtue of section 4 of the 2018 Act, cease. These provisions derive from the Treaty on the Functioning of the EU and the Agreement on the European Economic Area.
Regulation 11 provides that any directly effective rights in domestic law which continue by virtue of section 4 of the 2018 Act, and which are derived from certain provisions on recognition of professional qualifications in the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, cease.
Regulation 12 provides that the prohibitions on discrimination on the grounds of nationality in the agreements listed in regulations 10 and 11 cease to be recognised so far as those prohibitions relate to the cessation of the provisions on free movement of workers and recognition of professional qualifications provided for in regulations 10 and 11.
Part 5 revokes retained direct EU legislation.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.
Footnotes
See S.I. 1995/3207, 2002/248 and 2003/2901. Under section 57(1) of the Scotland Act 1998 (c.46), despite the transfer to Scottish Ministers of functions in relation to implementation obligations under European Union law in relation to certain matters by virtue of section 53 of that Act, the function of the Secretary of State in relation to any matter continues to be exercisable by the Secretary of State as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972 (c.68).
1972 c. 68. The European Communities Act 1972 was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) with effect from exit day, but saved with modifications until IP completion day by section 1A of that Act (as inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1)). Section 2(2) of the European Communities Act 1972 was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
2018 c. 16. Section 8 is amended by the European Union (Withdrawal Agreement) Act 2020 (c.1) (“the 2020 Act”), section 27. Paragraph 21 in Part 3 of Schedule 7 to the 2018 Act is amended by the 2020 Act, Schedule 5, Part 2, paragraph 53.
2020 c. 1. The power in sections 12 and 14 is exercisable by the “appropriate authority” as to which see section 12(8) and section 14(6).
S.I. 2015/2059, amended by S.I. 2019/312; there are other amending instruments, but none is relevant.
S.I. 2018/1329. Regulation 1(1) provides for the Regulations to come into force on exit day. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(1) is to be read instead as providing for the Regulations to come into force on IP completion day.
S.I. 2019/312. Regulation 1(3) provides for certain provisions to come into force on exit day. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(3) is to be read instead as providing for the provisions concerned to come into force on IP completion day.
S.I. 2019/454. Regulation 1(1) provides for the Regulations to come into force on exit day. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(1) is to be read instead as providing for the Regulations to come into force on IP completion day.
S.I. 2019/457. Regulation 1(1) provides for the Regulations to come into force on exit day. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(1) is to be read instead as providing for the Regulations to come into force on IP completion day.
See section 39(1) of the 2020 Act for the definition of “Swiss citizens’ rights agreement”.
See paragraph 3 of Schedule 1 to these regulations, which inserts paragraph 51.
S.I. 2019/717. Regulation 1(2) provides for the Regulations to come into force on whichever is the later of exit day, and the day after the day on which the Regulations are made. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(2) is to be read instead as providing for the Regulations to come into force on the later of IP completion day and the day after the day on which the Regulations are made.
Part 2 of Schedule 1 amends the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059). Part 3 contains saving and transitional provisions relating to the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781) and S.I. 2015/2059. S.I 2007/2781 was revoked with savings by S.I. 2015/2059 and by S.I. 2019/312.
2018 c. 12. Section 3(9) was amended by S.I. 2019/419.
1966 c. 36. Schedule 1B was inserted by S.I. 2008/1824 and amended by S.I. 2011/1043, 2015/2073. Schedule 1B is revoked with savings by SI 2019/454 with effect from IP completion day
1983 c. 54. Schedule 2A was inserted by S.I. 2007/3101 and amended by S.I. 2016/1030. Schedule 2A is revoked with savings by SI 2019/593 with effect from IP completion day.
1984 c. 24. Schedule 4 was substituted by S.I. 2007/3101 and amended by S.I. 2016/1030. Schedule 4 is revoked with savings by SI 2019/593 with effect from IP completion day.
S.I. 2002/253. Schedule 2A was inserted by S.I. 2007/3101 and amended by S.I. 2011/1043, 2016/1030. Schedule 2A is revoked with savings by SI 2019/593 with effect from IP completion day.
S.I. 2010/231, amended by S.I. 2016/1030. Schedule 2 is revoked with savings by SI 2019/593 with effect from IP completion day.
See section 39(1) of the 2020 Act for the definition of “withdrawal agreement”.
See section 39(1) of the 2020 Act for the definition of “EEA EFTA separation agreement”.
ECCTIS Limited is a private limited company registered in England and Wales with company number 2405026.
See section 39(1) of the 2020 Act for the definition of “Swiss citizens’ rights agreement”.
OJ No L255, 30.09.2005, p 22.
S.I. 2019/454. Regulation 1(1) provides for the Regulations to come into force on exit day. As a result of the application of paragraph 1 of Schedule 5 to the 2020 Act, regulation 1(1) is to be read instead as providing for the Regulations to come into force on IP completion day.
Section 5A was substituted by S.I. 2008/1824. Relevant amending instruments are S.I. 2013/2985 and 2015/2073.
Section 5B was substituted by S.I. 2008/1824. The relevant amending instrument is S.I. 2015/2073.
Section 5BA was substituted by S.I. 2008/1824.
Sections 5CA, 5CB, 5CD and 5CE were substituted by S.I. 2008/1824. The relevant amending instrument is S.I. 2015/2073.
Section 5D was inserted by S.I. 2003/2919. Relevant amending instruments are S.I. 2008/1824 and 2015/2073.
“Visiting practitioner” is defined in paragraph 2(1)(a) of Schedule 1A to the 1997 Act.
2019 c. 12. Section 3(9) was amended by S.I. 2019/419.
See section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1) for the definition of “EEA EFTA separation agreement”.
S.I. 2007/2781, revoked by S.I. 2015/2059 and 2019/312 subject to savings.
See section 39(1) of the European Union (Withdrawal Agreement) Act 2020 for the definition of “Swiss citizens’ rights agreement”.
Editorial notes
Reg. 1 in force at 25.9.2020, see reg. 1(2)
Reg. 2 in force at 25.9.2020, see reg. 1(2)
Sch. 1 para. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 3 para. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 1 para. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 1 para. 4 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 2 para. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 2 para. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 3 para. 2 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 3 para. 4 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Reg. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Reg. 6 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Reg. 8 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(4)
Reg. 4 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Reg. 5 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Reg. 7 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 1 para. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 2 para. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Sch. 3 para. 1 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Pt. 4 omitted (1.3.2024) by virtue of The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Provision) Regulations 2024 (S.I. 2024/80), reg. 1(2), Sch. para. 15
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