The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020

(15A) (1) Where a registration application is received from a Swiss osteopath before the end of the Swiss recognition period, any provision made by or under the 1993 Act[^f00112] 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 1993 Act, the Fees Rules and the Recognition Rules specified in sub-paragraphs (3) to (5)). (2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments (other than the provisions listed in the table following paragraph 16(3))— (a) the 1993 Act (other than sections 5A, 6(1), (2), (4A), (5) and (6), 8(8), 17(2A) to (2D), 29(1)(ba), 29A (other than subsection (2)(c)) and 37(2)); (b) the Fees Rules; (c) the Recognition Rules. (3) The modifications to the 1993 Act mentioned in sub-paragraph (1) are— (a) in section 14— (i) in subsection (10), the reference to “EU law”, and (ii) in subsection (10)(b), the reference to “Community law”, are to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)); (b) section 41 is to be read as if 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)”. (4) The modification to the Fees Rules mentioned in sub-paragraph (1) is that rule 6(2)(b) is to be read as if for “or other European Economic Area State” there were substituted, “, Switzerland”. (5) The modification to the Recognition Rules mentioned in sub-paragraph (1) is that rule 4(2) is to be read as if— (a) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a Swiss osteopath (within the meaning given in paragraph 15A(6) of Schedule 6 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”; (b) in sub-paragraph (b)(ii), for “a relevant European State, other than the United Kingdom,” there were substituted “a competent authority in Switzerland, pursuant to Article 2(2) of the Directive”. (6) In this paragraph— - “the Fees Rules” means the General Osteopathic Council (Application for Registration and Fees) Rules 2000[^f00113]; - “the Recognition Rules” means the General Osteopathic Council (Recognition of Qualifications) Rules 2000[^f00114]; - “registration application” means an application for entry in the register maintained under the 1993 Act; - “Swiss osteopath” means a qualifying applicant who had not, before IP completion day, made a registration application.

• (4) In paragraph 16—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 1993 Act specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as an osteopath for a period not exceeding 90 days in total in any calendar year.

• (d) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting osteopath. (2B) But a Swiss visiting osteopath’s entitlement does not continue (or further continue) under section 5A of the 1993 Act on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting osteopath” means a visiting osteopath who— (a) is a national of the United Kingdom or is a Swiss national, or (b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the osteopath profession, no less favourably than a national of the United Kingdom or Switzerland.

• (e) after sub-paragraph (3), insert—

(4) The modifications to the 1993 Act mentioned in sub-paragraph (1) are— (a) section 5A(1)[^f00115] is to be read as if for the words from “an exempt person” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as an osteopath in Switzerland (“State A”)”; (b) section 17(2D)[^f00116] is to be read as if for the words from “the relevant” to “osteopath” there were substituted “Switzerland”.

• (5) In paragraph 17(1), for “exit day” substitute “IP completion day”.

• (6) In paragraph 18—

• (a) in sub-paragraphs (a)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 15A)”.

Amendments to Part 2 of Schedule 7 (chiropractors)

15

• (1) Part 2 of Schedule 7 is amended as follows.

• (2) In paragraph 14(1), for “exit day” substitute “IP completion day”.

• (3) After paragraph 14, insert—

(14A) (1) Where a registration application is received from a Swiss chiropractor before the end of the Swiss recognition period, any provision made by or under the 1994 Act[^f00117] 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 that Act and the 2002 Rules 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 1994 Act (other than sections 5A, 6(1), (2), (4A), (5) and (6), 8(8), 17(2A) to (2D), 29(1)(ba), 29A (other than subsection (2)(c)) and 37(2)); (b) the 2002 Rules (other than rules 2(2A), 3(4)(a) and 6(2)). (3) The modifications to the 1994 Act are— (a) in section 14(10), in both places where it occurs, “EU law” is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)); (b) section 43 is to be read as if, 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)”. (4) The modifications to the 2002 Rules mentioned in sub-paragraph (1) are— (a) rules 5(3), 6(1A) and 11(1) are to be read as if for each reference to “an exempt person” there were substituted “a Swiss chiropractor”; (b) rule 6(1A)(b)(ii) is to be read as if for “a relevant European State” there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive”; (c) rule 11 is to be read as if for paragraph (6) there were substituted— (6) In paragraphs (2) to (5), the “attesting State” in relation to A, is Switzerland. (5) In this paragraph— - “the 2002 Rules” means the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002[^f00118]; - “registration application” means an application for entry in the register maintained under the 1994 Act; - “Swiss chiropractor” means a qualifying applicant who had not, before IP completion day, made a registration application.

• (4) In paragraph 15—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 1994 Act specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a chiropractor for a period not exceeding 90 days in total in any calendar year.

• (d) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting chiropractor. (2B) But a Swiss visiting chiropractor’s entitlement does not continue (or further continue) under section 5A of the 1994 Act on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting chiropractor” means a visiting chiropractor who— (a) is a national of the United Kingdom or is a Swiss national, or (b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of the chiropractor profession, no less favourably than a national of the United Kingdom or Switzerland.

• (e) after sub-paragraph (3), insert—

(4) The modifications to the 1994 Act mentioned in sub-paragraph (1) are— (a) section 5A(1)[^f00119] is to be read as if for the words from “an exempt” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as a chiropractor in Switzerland (“State A”)”; (b) section 17(2D)[^f00120] is to be read as if for the words from “the relevant” to “chiropractor” there were substituted “Switzerland”.

• (f) in the table following sub-paragraph (3), for “section 31” substitute “section 43”.

• (5) In paragraph 16(1), for “exit day” substitute “IP completion day”.

• (6) In paragraph 17—

• (a) in sub-paragraph (a)(i), (ii) and (iii), and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 14A)”.

Amendments to Schedule 8 (health professionals)

16

• (1) Schedule 8 is amended as follows.

• (2) In the Schedule title, omit “and social work”.

• (3) In paragraph 1, omit “and Social Work”.

• (4) In the heading before paragraph 2, omit “and Social Work”.

• (5) In paragraph 15, omit “or social work”.

• (6) In paragraph 19(1), for “exit day” substitute “IP completion day”.

• (7) After paragraph 19, insert—

(19A) (1) Where a registration application is received from a Swiss health professional before the end of the Swiss recognition period, any provision made by or under the 2001 Order[^f00121] 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 2001 Order and the Registration Rules 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 (other than the articles and rule listed in the table following paragraph 20(3))— (a) the 2001 Order; (b) the Registration Rules; (c) the Health Professions Council (Registration Appeals) Rules 2003[^f00122]. (3) The modifications to the 2001 Order mentioned in sub-paragraph (1) are that the Order is to be read as if— (a) in article 8(5)[^f00123]— (i) for “another relevant European State” there were substituted “Switzerland”; (ii) for “are amended from time to time” there were substituted “had effect immediately before IP completion day”; (b) in article 12[^f00124]— (i) in paragraph (1)— (aa) in sub-paragraphs (b) and (c)(iii) for “an exempt person” there were substituted “a Swiss health professional”; (bb) sub-paragraph (ba) were omitted; (ii) in paragraph (1A)— (aa) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a Swiss health professional”; (bb) in sub-paragraph (a)(ii), for “a relevant European State, other than the United Kingdom” there were substituted “Switzerland, in accordance with its national rules as permitted by Article 2(2) of 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”; (c) in article 38[^f00125]— (i) in paragraph (1A), sub-paragraphs (c) to (e) were omitted; (ii) in paragraph (3)— (aa) in sub-paragraph (b), the words from “or, in the case” to the end were omitted; (bb) in sub-paragraph (c), the words from “, or the failure” to “(1A)(e),” were omitted; (d) article 49 were omitted; (e) in Schedule 3[^f00126]— (i) 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)”; (ii) there were inserted, at the appropriate place— - “Swiss health professional” has the meaning given in paragraph 19A(5) of Schedule 8 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019; (4) The modifications to the Registration Rules mentioned in sub-paragraph (1) are— (a) rule 2 is to be read as if— (i) for the definition of “attesting State”, there were substituted— - “attesting State”, in relation to an application, is Switzerland; (ii) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”; (b) rule 7 is to be read as if for “an exempt person” there were substituted “a Swiss health professional (within the meaning given in paragraph 19A(5) of Schedule 8 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”; (c) Schedule 1 to the Registration Rules is to be read as if after paragraph (d), there were inserted— (dza) where that person is not a national of the United Kingdom or of Switzerland, proof of the enforceable EU right by virtue of which the person is a Swiss health professional. (5) In this paragraph— - “registration application” means an application for admission to the register maintained under the 2001 Order; - “the Registration Rules” means the Health and Care Professions Council (Registration and Fees) Rules 2003[^f00127]; - “relevant professions” has the meaning given in Schedule 3 to the 2001 Order; - “Swiss health professional” means a qualifying applicant who had not, before IP completion day, made a registration application (other than an application under article 13A of the 2001 Order)[^f00128].

• (8) In paragraph 20—

• (a) in the heading—

• (i) omit “and social work”;

• (ii) for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b)—

• (aa) omit “and social work”;

• (bb) after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(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.

• (d) in sub-paragraph (2), omit “or social work”;

• (e) after sub-paragraph (2), insert—

(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.

• (f) in sub-paragraph (3)—

• (i) in paragraph (b), omit “and social work”;

• (ii) in the table after paragraph (b), in the second column, in the entry for Schedule 3 to the 2001 Order, omit “or social work”;

• (g) after sub-paragraph (3), insert—

(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)[^f00129] is to be read as if for the words from “the relevant” to the end there were substituted “Switzerland”.

• (9) In paragraph 21—

• (a) in sub-paragraphs (1)(a) and (3), omit “for establishment”;

• (b) in sub-paragraphs (1), (3), (4)(a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”.

• (10) In paragraph 22—

• (a) in sub-paragraphs (1) and (3), in each place it occurs, omit “or social work”;

• (b) in sub-paragraphs (1) and (4), in each place it occurs, for “exit day” substitute “IP completion day”.

• (11) In paragraph 23—

• (a) in sub-paragraph (2)(b)(ii), omit “for establishment”;

• (b) in sub-paragraph (1) and (2)(b)(ii), in each place it occurs, for “exit day” substitute “IP completion day”.

• (12) In paragraph 24(1), for “exit day” substitute “IP completion day”.

• (13) In paragraph 25—

• (a) in sub-paragraphs (a)(i) to (iv) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 19A)”.

Amendments to Part 2 of Schedule 9 (social workers in Scotland)

17

• (1) Part 2 of Schedule 9 is amended as follows.

• (2) In paragraph 12—

• (a) in sub-paragraphs (1) and (2), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (2), for “paragraph 13” substitute “paragraph 14 or, in the case of a relevant applicant, the modifications specified in paragraph 14A”;

• (c) after sub-paragraph (2), insert—

(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) In paragraph 13—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraphs (1)(a) and (b), and (2), in each place it occurs, for “exit day” substitute “IP completion day”;

• (c) in sub-paragraph (2), for “paragraph 13” substitute “paragraph 14”;

• (d) after sub-paragraph (2), insert—

(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.

• (4) In paragraph 14—

• (a) for “paragraphs 11(2) and 12(2)” substitute “paragraphs 12(2) and 13(2)”;

• (b) in sub-paragraph (b)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”.

• (5) After paragraph 14, insert—

(14A) The modifications of the 2001 Act[^f00130] in the case of a relevant applicant mentioned in paragraph 12(2) are as follows— (a) section 46A(1)[^f00131] is to have effect as if— (i) the reference to “an exempt person” were a reference 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)”, and (ii) the reference to “a relevant European State other than the United Kingdom” were a reference to “Switzerland”; (b) section 77[^f00132] is to have effect as if— (i) the definition of “exempt person” were omitted, (ii) at the end of the definition of “the General Systems Regulations” there were inserted— - — in relation to anything done before IP completion day, as they had effect at that time, otherwise, as (and only to the extent that) they have effect, 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;

• (6) In paragraph 15(1)(a), (b)(i) and (ii), (2) and (3), in each place it occurs, for “exit day” substitute “IP completion day”.

• (7) After paragraph 15, insert—

(16) (1) This paragraph applies where a registration application is received from a Swiss social worker before the end of the Swiss recognition period. (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), after IP completion day, subject to the modifications specified in paragraph 17— (a) section 46B(a), (b) section 51(1)(b), and (c) in section 77, the definition of “the General Systems Regulations”. (3) For the purposes of this paragraph, a “Swiss social worker” is a qualifying applicant who had not, before IP completion day, made a registration application (other than an application under section 46A of the 2001 Act). (4) In this paragraph “registration application” means an application for registration in a part of the register maintained under Part 3 of the 2001 Act. (17) The modifications of the 2001 Act mentioned in paragraph 16 are as follows— (a) section 46B(a)[^f00133] is to have effect as if the reference to “an exempt person” were a reference to “a Swiss social worker within the meaning given in paragraph 16 of this Part of this Schedule”; (b) section 77 has effect as if, at the end of the definition of “the General Systems Regulations”, 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)”.

Amendments to Part 2 of Schedule 10 (social care workers in Northern Ireland)

18

• (1) Part 2 of Schedule 10 is amended as follows.

• (2) In paragraph 13, for “exit day” substitute “IP completion day”.

• (3) In paragraph 14—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states”, insert “(but subject, in the case of a relevant applicant, to the modifications to the 2001 Act[^f00134] specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(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.

• (d) after sub-paragraph (3), insert—

(4) The modifications to the 2001 Act mentioned in sub-paragraph (1) are— (a) section 5A[^f00135] 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[^f00136] 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.

• (4) In paragraph 15(1), for “exit day” substitute “IP completion day”.

• (5) In paragraph 16—

• (a) in the words before sub-paragraph (a), for “this Part” substitute “paragraph 13, 14 or 15”;

• (b) in sub-paragraph (a)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (c) in sub-paragraph (a)(ii)(aa), for “chiropractic” substitute “social work”.

• (6) After paragraph 16, insert—

(17) (1) Where a registration application is received from a Swiss social care worker before the end of the Swiss recognition period, any provision made by or under the 2001 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 provisions mentioned in sub-paragraph (3) (but subject to the modifications specified in sub-paragraph (4)). (2) For the purposes of this paragraph, a “Swiss social care worker” is a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration in the visiting European part of the register). (3) The provisions of the 2001 Act[^f00137] mentioned in sub-paragraph (1) are— (a) section 2(5); (b) section 3 other than subsections (1)(c) and (2A)(c); (c) section 11. (4) The modifications to the 2001 Act mentioned in sub-paragraph (1) are— (a) section 2(5) is to be read as if 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)”; (b) section 11(A1) is to be read as if for the reference to an exempt person there were substituted a reference to a Swiss social care worker within the meaning given in paragraph 17 of this Part of this Schedule.

Amendments to Schedule 11 (social workers in England)

19

In Schedule 11—

• (a) for paragraph 4 substitute—

(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”.

• (b) for paragraph 11 substitute—

(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[^f00138] (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[^f00139].

• (c) in paragraph 12—

• (i) in the heading, for “one year” substitute “five years”;

• (ii) in sub-paragraph (1)—

• (aa) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (bb) after “European states” insert “(but subject, in the case of a relevant applicant, to the modification to the 2018 Regulations specified in sub-paragraph (1A))”;

• (iii) after sub-paragraph (1), insert—

(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.

• (iv) after sub-paragraph (2), insert—

(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.

• (d) after paragraph 12 insert—

(12A) (1) Where a qualifying application is received before the end of the Swiss recognition period, the provisions of the 2018 Regulations continue to apply in relation to that application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the provisions of those Regulations mentioned in sub-paragraph (3). (2) In this paragraph “qualifying application” means an application from a qualifying applicant to be registered as a social worker in accordance with the 2018 Regulations. (3) The provisions of the 2018 Regulations are— (a) regulation 2; (b) regulation 8(8); (c) regulation 11(4), (5) and (8); (d) regulation 19(1)(e) and (i); (e) paragraphs 1(b) and 2 of Schedule 1.

• (e) in paragraph 13—

• (i) in sub-paragraphs (a)(i), (ii) and (iii) and (c)(i) and (ii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in sub-paragraph (c), for “Union” in the first place it occurs substitute “Communities”.

PART 3 — Amendments to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019

Amendments to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019

20

• (1) The European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019[^f00140] are amended as follows.

• (2) After regulation 1 insert—

(1A) In these Regulations— - “the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007; - “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015, 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); - “the Council” means the Council of the Pharmaceutical Society of Northern Ireland; - “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, or on 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, and who, 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; - “same profession” means the profession for which the applicant is qualified in the applicant’s home State if the activities covered are comparable; - “third country” has the same meaning as in regulation 2(1) of the 2007 Regulations.

• (3) After regulation 2 insert—

(2A) (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 awarded or recognised by a competent authority in Northern Ireland, the Council 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— (i) Schedule 2D to the Pharmacy (Northern Ireland) Order 1976[^f00141], as it had effect immediately before IP completion day; (ii) regulation 5(2) to (5) of the 2015 Regulations; (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) The Council must process information for the purposes of paragraph (1) in accordance with data protection legislation within the meaning of section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018. (3) In this regulation, “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. (2B) (1) In dealing with a relevant applicant who provides services in the United Kingdom pursuant to paragraph 30 of the Schedule in relation to any matter, the Council 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 services in Northern Ireland in relation to that matter. (2) Where an individual is providing services as a pharmacist on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the Council must co-operate with and provide the 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 paragraph 3 of Schedule 3 to the Pharmacy (Northern Ireland) Order 1976, as it applied immediately before IP completion day, or regulation 5(2), (3) and (4) of the 2007 Regulations (as the case may be). (3) Where an individual has made or makes an application falling within Article 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 Council must— (a) co-operate with the Swiss competent authority or contact point in Switzerland, or the individual (as the case may be), in accordance with Schedule 2D to the Pharmacy (Northern Ireland) Order 1976, as it applied immediately before IP completion day, or regulation 5(2), (5) and (6) of the 2007 Regulations (as the case may be), 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) The Council 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 paragraph, “competent authority”, in relation to Switzerland, has the meaning given in regulation 2(1) of the 2015 Regulations, as it had effect immediately before IP completion day.

• (4) In regulation 3(1)(a), for “exit day” substitute “IP completion day”.

• (5) In Part 1 of the Schedule, in paragraph 8, for “exit day” substitute “IP completion day”.

• (6) In Part 2 of the Schedule, in paragraph 25, after “of” insert “the”.

• (7) In Part 3 of the Schedule—

• (a) in paragraph 29, for “exit day” substitute “IP completion day”;

• (b) after paragraph 29, insert—

(29A) (1) Where an application for registration in the register mentioned in Article 6(1)(a) of the 1976 Order is received from a Swiss pharmacist before the end of the period of four years beginning with the day immediately after IP completion day, any provision made by or under the 1976 Order[^f00142] (except for the provision contained in Schedule 2C to the Order) continues to apply in relation to the application without the amendments Parts 1 and 2 of this Schedule make to the provisions mentioned in sub-paragraph (3) (but subject to the modifications to the 1976 Order and the Registration Regulations specified in sub-paragraphs (4) and (5)). (2) For the purposes of this paragraph, “Swiss pharmacist” means a qualifying applicant (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, made an application in the register mentioned in Article 6(1)(a) of the 1976 Order. (3) The provisions mentioned in sub-paragraph (1) are— (a) in the 1976 Order[^f00143]— (i) in Article 2(2), the definitions of “competent authorities”, “the Directive”, “General Systems Regulations”, and “relevant European State”, (ii) Article 8, (iii) Article 8A, (iv) Article 8AA, (v) Article 8C, (vi) Article 11, (vii) Article 11ZA, (viii) Article 14(2A), (ix) Schedule 2A; (b) Article 63AA(3)(c) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00144]; (c) the European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008[^f00145]; (d) the Registration Regulations 2008. (4) The modifications to the 1976 Order mentioned in sub-paragraph (1) are— (a) Article 2(2) is to have effect as if at the end of the definition of “General Systems Regulations” 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)”; (b) Article 8(2)(c) is to have effect as if, in the words before paragraph (i), the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule; (c) Article 8AA(7) is to have effect as if the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule; (5) The modifications to the Registration Regulations mentioned in sub-paragraph (1) are that regulation 2 is to have effect as if— (a) in paragraph (1) for “an exempt person” there were substituted “a Swiss pharmacist (within the meaning given in paragraph 29A of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019)”; (b) for paragraph (2), there were substituted— (2) Proof that E is a national of the United Kingdom or Switzerland or (where E is not a national of the United Kingdom or Switzerland) proof of the enforceable EU right by virtue of which E is a Swiss pharmacist. (c) any reference in paragraphs (3) to (6) to “E’s attesting State” were a reference to Switzerland. (6) In this paragraph, “the Registration Regulations” means the Registration of Pharmaceutical Chemists (Exempt Persons) Regulations (Northern Ireland) 2008[^f00146].

• (c) in paragraph 30—

• (i) in the heading, for “one year” substitute “five years”;

• (ii) in sub-paragraph (1), in the words following paragraph (b), after “States” insert “(but subject, in the case of a Swiss visiting practitioner, to the modifications to the 1976 Order specified in sub-paragraph (4))”;

• (iii) in sub-paragraphs (1) and (2), for “exit day” substitute “IP completion day”;

• (iv) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting practitioner. (2B) But a Swiss visiting practitioner’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2B to the 1976 Order after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule). (2C) In this paragraph— - “Swiss visiting practitioner” means a visiting practitioner who is— a national of the United Kingdom, a national of Switzerland, or 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 particular profession, no less favourably than a national of either of those states; - “visiting practitioner transitional period” means— the period of five years beginning with IP completion day, or if the period in paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, that period as extended.

• (v) after sub-paragraph (3), insert—

(4) The modifications to the 1976 Order[^f00147] mentioned in sub-paragraph (1) are— (a) Article 2(2) is to be read as if, in the definition of “competent authorities” for “a relevant European State” there were substituted “Switzerland”; (b) Article 4A(14) is to be read as if for the words from “the relevant” to the end there were substituted “Switzerland”; (c) Schedule 2B is to be read as if— (i) for paragraph 1, there were substituted— (1) This Schedule applies to a Swiss visiting practitioner (within the meaning given in paragraph 30(2C) of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019) who is lawfully established as a pharmacist in Switzerland. (ii) in paragraph 2— (aa) before sub-paragraph (a), there were inserted— (za) an “existing contract” means a written contract which was concluded, and performance of which started, before IP completion day; (bb) in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”; (cc) in sub-paragraph (b), for the words from “the relevant” to the end, there were substituted “Switzerland”; (dd) in sub-paragraph (c), after “basis” there were inserted— — (i) on the basis of one or more existing contracts, and (ii) for a period not exceeding 90 days in total in any calendar year. (iii) in paragraph 5(2)— (aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”; (bb) in paragraph (c), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”; (iv) in paragraph 7(6), after paragraph (a), there were inserted— (aa) contains details of the existing contract or contracts on the basis of which the occasional pharmacy services will continue to be provided; (v) in paragraph 8(5), after paragraph (a), there were inserted— (aa) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional pharmacy services, is terminated or otherwise expires; or

• (d) in paragraphs 31(1) and (3), 32(1), 33(1) and (2)(c), 34(1) and 35(a), in each place it occurs, for “exit day” substitute “IP completion day”.

Signed

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

Edward Argar — Minister of State, — Department of Health and Social Care — 30th November 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”), in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union (and in particular, the deficiencies under section 8(2)(c), (d) and (e), and section 8(3)(a) of that Act). Part 2 of the Regulations contains amendments to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/593) (“the 2019 Regulations”) and Part 3 contains amendments to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (S.I. 2019/585) (“the 2019 NI Regulations”). The amendments made under the 2018 Act fix some minor and technical drafting errors that were made in the 2019 Regulations and the 2019 NI Regulations, and change “exit day” references to “IP completion day”.

The amendments made to the 2019 Regulations and the 2019 NI Regulations using section 2(2) of the European Communities Act 1972 make provision regarding the recognition of professional qualifications for health and social care professionals for the purposes of the Swiss citizens’ rights agreement and the EEA EFTA citizens’ rights agreement (the EEA EFTA citizens’ rights agreement is 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 amendments made to the 2019 Regulations and the 2019 NI Regulations under the European Union (Withdrawal Agreement) Act 2020 (c. 1) implement the Swiss citizens’ rights agreement and the EEA EFTA citizens’ rights agreement.

Amendments have also been made to the 2019 Regulations under the Children and Social Work Act 2017 (c. 16) to remove obsolete references to social work and social workers, in relation to the Health and Care Professions Council’s previous responsibility to regulate that profession in England. This responsibility transferred to Social Work England on 1 December 2019.

The 2019 Regulations are amended to introduce saving provisions for decisions made before IP completion day (regulation 4) and for administrative cooperation in relation to the health and social care professions covered in those regulations (regulation 5). The 2019 Regulations are also modified to extend rights to provide professional services and for the recognition of professional qualifications for medical practitioners (regulations 8 and 9), pharmacists and pharmacy technicians (regulation 10), dentists and dental care professionals (regulation 11), nurses, midwives and nursing associates (regulation 12), opticians (regulation 13), osteopaths (regulation 14), chiropractors (regulation 15), health professionals (regulation 16), social workers in Scotland (regulation 17), social care workers in Northern Ireland (regulation 18) and social workers in England (regulation 19).

In Part 3, the 2019 NI Regulations are amended to make provision in relation to pharmacists in Northern Ireland (regulation 20).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by section 27 of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3 of, and the Schedule to, the European Union (Amendment) Act 2008 (c.7). By virtue of the amendments to section 1(2) by section 1 of the European Economic Area Act 1993 (c.51), regulations may be made under section 2(2) of the 1972 Act to implement obligations of the United Kingdom created or arising by or under the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (Cm 2073) and the Protocol adjusting the Agreement signed in Brussels on 17th March 1993 (Cm 2183). The 1972 Act is repealed with effect from IP completion day by section 1 of the European Union (Withdrawal) Act 2018 (c.16).

[^f00002]: 2017 c. 16.

[^f00003]: 2018 c. 16.

[^f00004]: 2020 c. 1.

[^f00005]: 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 of 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).

[^f00006]: S.I. 2019/593.

[^f00007]: 2017 c. 16.

[^f00008]: S.I. 2007/2781. S.I. 2007/2781 was revoked by S.I. 2015/2059, but continued to apply (in relation to Swiss nationals) before IP completion day by virtue of regulation 78 of S.I. 2015/2059 and regulation 155 of S.I. 2016/1030. A relevant amending instrument is S.I. 2020/1038.

[^f00009]: The Swiss citizens’ rights agreement has the meaning given in section 39(1) of the 2020 Act.

[^f00010]: 2018 c.12.

[^f00011]: 1983 c. 54. Schedule 4A was inserted by S.I. 2007/3101 and was amended by the Data Protection Act 2018, Schedule 19, paragraph 26, and S.I. 2010/234 and 2016/1030. Schedule 4A is omitted by S.I. 2019/593, but saved for transitional purposes.

[^f00012]: 1984 c. 24. Schedule 4ZA was inserted by S.I. 2007/3101 and was amended by the Data Protection Act 2018, Schedule 19, paragraph 32, and S.I. 2010/234, 2016/1030 and 2015/806. Schedule 4ZA is omitted by S.I. 2019/593, but saved for transitional purposes.

[^f00013]: S.I. 2002/253. Schedule 3 was substituted by S.I. 2007/3101 and amended by the Data Protection Act 2018, Schedule 19, paragraph 285, and S.I. 2015/806 and 2016/1030. Schedule 3 is omitted by S.I. 2019/593, but saved for certain purposes.

[^f00014]: S.I. 2010/231. Schedule 3 was amended by the Data Protection Act 2018, Schedule 19, paragraph 359, and S.I.s 2015/806 2016/1030. Schedule 3 is omitted by S.I 2019/593, but saved for transitional purposes.

[^f00015]: Section 35B was substituted by S.I. 2002/3135. It has been amended by S.I. 2006/1914 and 2015/794.

[^f00016]: Section 33C was inserted by S.I. 2005/2011.

[^f00017]: 1989 c. 44. Section 13C was inserted by S.I. 2005/848.

[^f00018]: S.I. 2002/254; there are amendments to article 22 but none is relevant.

[^f00019]: S.I. 2018/893.

[^f00020]: The heading for paragraph 68 of Schedule 1 to S.I. 2019/593 is amended by regulation 9(4) of these Regulations.

[^f00021]: The heading for paragraph 45 of Schedule 2 to S.I. 2019/593 is amended by regulation 10(5) of these Regulations.

[^f00022]: The headings for paragraphs 37 and 38 of Schedule 3 to S.I. 2019/593 were amended by regulation 11(7) and (8) of these Regulations.

[^f00023]: The heading for paragraphs 28 and 29 of Schedule 4 to S.I. 2019/593 is amended by regulation 12(5) of these Regulations.

[^f00024]: The heading for paragraph 26 of Schedule 5 to S.I. 2019/593 is amended by regulation 13(4) of these Regulations.

[^f00025]: The heading for paragraph 16 of Schedule 6 to S.I. 2019/593 is amended by regulation 14(4) of these Regulations.

[^f00026]: The heading for paragraph 15 of Schedule 7 to S.I. 2019/593 is amended by regulation 15(4) of these Regulations.

[^f00027]: The heading for paragraph 20 of Schedule 8 to S.I. 2019/593 is amended by regulation 16(8) of these Regulations.

[^f00028]: The heading for paragraph 13 of Schedule 9 to S.I. 2019/593 is amended by regulation 17(3) of these Regulations.

[^f00029]: The heading for paragraph 14 of Schedule 10 to S.I. 2019/593 is amended by regulation 18(3) of these Regulations.

[^f00030]: The heading for paragraph 12 of Schedule 11 to S.I. 2019/593 is amended by regulation 19(c) of these Regulations.

[^f00031]: S.I. 2015/2059.

[^f00032]: Paragraph 44(4) is substituted by regulation 5 of S.I. 2020/1038.

[^f00033]: S.I. 2016/1030.

[^f00034]: S.I. 2019/312. Relevant amending instrument is S.I. 2020/1038.

[^f00035]: Section 5(2A) was inserted by S.I. 1996/1591 and amended by S.I. 2006/1914, 2007/3101 and 2008/3131. Sections 21B and 21C were inserted by S.I.2006/1914 and amended by S.I. 2007/3101. Sections 34D, 34G, 34J and 34K were inserted by S.I. 2010/234. Section 44B(3) was substituted by S.I. 2007/3101. Section 46(2A) was substituted by S.I. 2016/1914 and amended by S.I. 2010/234 and 2011/1043.

[^f00036]: S.I. 2008/653.

[^f00037]: S.I. 2015/94.

[^f00038]: S.I. 2015/1862.

[^f00039]: S.I. 2015/1879.

[^f00040]: The relevant amending instrument is S.I. 2007/3101.

[^f00041]: The definition of “the Directive” in section 5(4) was substituted by S.I. 2007/3103.

[^f00042]: Section 14A was inserted by S.I. 2007/3101 and amended by S.I. 2011/1043 and 2016/1030.

[^f00043]: Section 15A was inserted by S.I. 2000/3041 and amended by S.I. 2007/3101, 2006/1914 and 2011/1043.

[^f00044]: Section 19 was substituted by S.I. 2002/3135. Relevant amending instruments are S.I. 2006/1914, 2007/3101 and 2011/1043.

[^f00045]: Section 19A was inserted by S.I. 2007/3101 and amended by S.I. 2016/1030.

[^f00046]: Relevant amending instruments are S.I 2002/3135, 2006/1914 and 2007/1043.

[^f00047]: The definition of “the Directive” was inserted by S.I. 2007/3101.

[^f00048]: Article 5 was amended by S.I. 2016/1030.

[^f00049]: Article 10 was amended by S.I. 2013/3036 and 2016/1030.

[^f00050]: 1983 c. 54.

[^f00051]: S.I. 2010/473. Relevant amending instrument is S.I. 2016/1030.

[^f00052]: Schedule 2A to the Medical Act 1983 was inserted by S.I. 2007/3101 and amended by S.I. 2016/1030.

[^f00053]: “The 2010 Order” is defined in paragraph 1 of Schedule 2.

[^f00054]: As set out in the Schedule to the General Pharmaceutical Council (Registration Rules) Order of Council 2010 (S.I. 2010/1617). Relevant amending instruments are S.I. 2010/2660, 2012/3171, 2016/1008 and 2016/1030.

[^f00055]: S.I. 2007/564.

[^f00056]: S.I. 2010/1620.

[^f00057]: The definition of “the Directive” was inserted by S.I. 2016/1030.

[^f00058]: Relevant amending instruments are S.I. 2015/806 and 2016/1030.

[^f00059]: Article 23 was amended by S.I. 2016/1030.

[^f00060]: Article 23A was inserted by S.I. 2015/806.

[^f00061]: “The 1984 Act” and “the 1998 Regulations” are defined in paragraph 1 of Schedule 3 to S.I. 2019/593.

[^f00062]: Subsection (1A) was inserted by S.I. 2007/3101.

[^f00063]: Subsection (1)(b) and (ba) and subsections (4A) to (4BD) were substituted by S.I. 2007/3101.

[^f00064]: Section 15A was inserted by S.I. 2015/806.

[^f00065]: Subsection (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 and 2007/3101.

[^f00066]: Subsection (3A) was inserted by S.I. 1998/811. Relevant amending instruments are S.I. 2003/3148 and 2007/3101.

[^f00067]: Subsection (2A) was inserted by S.I. 2007/3101.

[^f00068]: The definition of “the Directive” was inserted by S.I. 2007/3101.

[^f00069]: Schedule 2A was inserted by S.I. 2005/2011. Relevant amending instrument is S.I. 2007/3101.

[^f00070]: The definition of “competent authority” was inserted by S.I.2007/3101. The definition of “General Systems Regulations” was substituted by S.I. 2016/1030.

[^f00071]: Paragraph (2) was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00072]: Relevant amending instruments are S.I. 2003/3148 and 2007/3101.

[^f00073]: Regulation 9A was inserted by S.I. 2007/3101.

[^f00074]: Regulation 13 was substituted by S.I. 2003/3148. Relevant amending instrument is S.I. 2007/3101.

[^f00075]: See section 14 of the Dentists Act 1984.

[^f00076]: Section 36B was inserted by S.I. 2005/2011. Subsection (1A) was inserted by S.I. 2007/3101.

[^f00077]: Section 36C was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2006/1718, 2007/3101 and 2015/806.

[^f00078]: Section 36CA was inserted by S.I. 2015/806.

[^f00079]: Section 36E was inserted by S.I. 2005/2011. Relevant amending instrument is S.I. 2007/3101.

[^f00080]: Schedule 4A was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2007/3101 and 2015/806.

[^f00081]: Section 34AA was inserted by S.I. 2007/3101.

[^f00082]: Schedule 4 was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00083]: Section 36Z3 was inserted by S.I. 2007/3101. A relevant amending instrument is S.I. 2016/1030.

[^f00084]: Section 36Z4 was inserted by S.I. 2007/3101.

[^f00085]: “The 2001 Order” is defined in paragraph 1 of Schedule 4 to S.I. 2019/593.

[^f00086]: As set out in the Schedule to the Nursing and Midwifery Council (Fees) Rules Order of Council 2004 (S.I. 2004/1654).

[^f00087]: S.I. 2004/1766.

[^f00088]: Article 5A was inserted by S.I. 2015/806.

[^f00089]: Paragraph (3A) was inserted by S.I. 2007/3101.

[^f00090]: Paragraph (1)(b) to (f) was substituted by, and paragraphs (1A) and (1B) were inserted by, S.I. 2007/3101. Relevant amending instruments are S.I. 2015/806, 2016/1030 and 2018/838.

[^f00091]: Paragraphs (1)(f) to (h) were inserted by, and paragraph (9) was amended by, S.I. 2016/1030. Relevant amending instrument is 2018/838.

[^f00092]: Article 39B was inserted by S.I. 2016/1030.

[^f00093]: Schedule 2B was inserted by S.I. 2016/1030.

[^f00094]: The definition of “General Systems Regulations” was substituted by S.I. 2016/1030.

[^f00095]: Relevant amending instruments are S.I. 2007/3101 and 2016/1030.

[^f00096]: Paragraph (1F) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

[^f00097]: Paragraphs (ba) and (bb) were inserted by S.I. 2007/3101.

[^f00098]: 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).

[^f00099]: Paragraph (6) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

[^f00100]: Paragraph (2D) was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

[^f00101]: Schedule 2A was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2011/1043 and 2016/1030.

[^f00102]: The definition of “competent authority” was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2018/838.

[^f00103]: “The 1989 Act” is defined in paragraph 1 of Schedule 5 to S.I. 2019/593.

[^f00104]: As set out in the Schedule to the General Optical Council (Registration Rules) Order of Council 2005 (S.I. 2005/1478); as amended by S.I. 2007/3101. Relevant amending instrument is S.I. 2007/3101.

[^f00105]: 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.

[^f00106]: Subsection (1A) was inserted by S.I. 2005/848. Relevant amending instrument is S.I. 2007/3101.

[^f00107]: The definition of “General Systems Regulations” was substituted by S.I. 2016/1030.

[^f00108]: Section 8C was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00109]: Section 8D was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00110]: Section 11A was inserted by S.I. 2005/848. Relevant amending instrument is S.I. 2007/3101.

[^f00111]: Section 11B was inserted by S.I. 2005/848. Relevant amending instrument is S.I. 2007/3101.

[^f00112]: “The 1993 Act” is defined in paragraph 1 of Schedule 6 to S.I. 2019/593.

[^f00113]: As set out in the Schedule to the General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 (S.I. 2000/1038). Relevant amending instrument is S.I. 2007/3101.

[^f00114]: As set out in the Schedule to the General Osteopathic Council (Recognition of Qualifications) Rules Order of Council 2000 (S.I. 2000/1281). Relevant amending instrument is S.I. 2007/3101.

[^f00115]: Section 5A was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.Subsection (2D) was inserted by S.I 2007/3101.

[^f00116]: Subsection (2D) was inserted by S.I 2007/3101.

[^f00117]: “The 1994 Act” is defined in paragraph 1 of Schedule 7 to S.I. 2019/593.

[^f00118]: As set out in the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002 (S.I. 2002/2704). Relevant amending instruments are S.I. 2007/3101 and 2011/1043.

[^f00119]: Section 5A was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00120]: Subsection (2D) was inserted by S.I. 2007/3101.

[^f00121]: “The 2001 Order” is defined in paragraph 1 of Schedule 8 to S.I 2019/593.

[^f00122]: As set out in the Schedule to the Health Professions Council (Registration Appeals) Rules Order of Council 2003 (S.I. 2003/1579). Relevant amending instruments are S.I. 2009/1355, 2012/1479 and 2019/1094.

[^f00123]: Relevant amending instrument is S.I. 2007/3101.

[^f00124]: Article 12 was amended by the Health and Social Care Act 2012 (c. 7), section 215, S.I. 2007/3101 and S.I. 2016/1030.

[^f00125]: Paragraph (1A) was inserted by S.I. 2007/3101. Relevant amendments were made to paragraphs (1A) and (3) by S.I. 2016/1030.

[^f00126]: The definition of “General Systems Regulations” was substituted by S.I. 2016/1030.

[^f00127]: As set out in the Schedule to the Health Professions Council (Registration and Fees) Rules Order of Council 2003 (S.I. 2003/1572). Relevant amending instruments are S.I. 2007/1280, 2007/3101, 2012/1479, 2015/1337, 2016/693 and 2016/1030.

[^f00128]: Article 13A was inserted by S.I. 2007/3101. It was amended by the Health and Social Care Act 2012, section 215, and S.I. 2016/1030.

[^f00129]: Paragraph (2D) was inserted by S.I. 2007/3101.

[^f00130]: “The 2001 Act” is defined in paragraph 1 of Schedule 9 to S.I. 2019/593.

[^f00131]: Section 46A was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

[^f00132]: Section 77 was substituted by S.S.I 2011/211. Relevant amending instruments are S.I. 2011/1043, S.S.I 2013/177 and S.I. 2016/1030.

[^f00133]: Section 46B was inserted by S.I. 2007/3101.

[^f00134]: “The 2001 Act” is defined in paragraph 1 of Schedule 10 to S.I.2019/593.

[^f00135]: Section 5A was inserted by S.I. 2007/3101. Relevant amendments are made by the Health and Personal Social Services Act (Northern Ireland) 2001 c. 3 (N.I.).

[^f00136]: Subsection (2D) was substituted by S.I. 2007/3101.

[^f00137]: Section 2(5) was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030. In section 3, subsection (1)(c) was inserted, and subsection (2A)(c) was substituted, by S.I. 2007/3101. In section 11, subsection (A1) was inserted by S.I. 2007/3101 and relevant amendments were made by the Health and Personal Social Services (Amendment) Act (Northern Ireland) 2016.

[^f00138]: S.I. 2002/254, as amended by S.I. 2018/893. The Order was re-named by section 213(4) and (6) of the Health and Social Care Act 2012 (c. 7), and by paragraphs 45 and 46 of Schedule 5 to the Children and Social Work Act 2017. There are other amending instruments but none is relevant.

[^f00139]: S.I. 2019/1140.

[^f00140]: S.I. 2019/585.

[^f00141]: S.I. 1976/1213 (N.I. 22). Schedule 2D was inserted by S.I. 2016/1030.

[^f00142]: “The 1976 Order” is defined in paragraph 1 of the Schedule.

[^f00143]: Relevant amendments are made to Article 8 by S.R. 2008/192. S.I. 2015/806 and S.I. 2016/1030. Article 8A was inserted by S.R. 1987/457. Article 8AA was inserted by S.I. 2015/806. Article 8C was inserted by S.I. 2016/1030. Relevant amendments to Article 11 were made by S.R. 2008/192. Article 11ZA was inserted by S.I. 2015/806. In Article 14, paragraph (2A) was inserted by S.R. 1987/457 and relevant amendments were made to it by S.R. 2008/192. Schedule 2A was inserted by S.R. 2008/192.

[^f00144]: S.I. 1972/1265 (N.I. 14). Article 63AA was inserted by the Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 c. 2 (N.I.).

[^f00145]: S.R. 2008/192.

[^f00146]: S.R. 2008/193.

[^f00147]: Article 4A was inserted by S.R 2012/308. Schedule 2B was inserted by S.R. 2008/192.