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

PART 2 U.K. Savings and transitional provision

Pending applications U.K.

27.—(1) Where a relevant application is received before [F1 IP completion day], any provision made by or under the 2001 Order (except for provision contained in Schedule 2B to the Order) continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) In sub-paragraph (1) “relevant application” means an application for—

(a) admission to a part of the register of qualified nurses, midwives and nursing associates,

(b) renewal of registration in that register,

(c) readmission to that register following lapse of registration, or

(d) restoration to that register following striking-off.

Textual Amendments

F1 Words in Sch. 4 para. 27(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(3)

Commencement Information

I1 Sch. 4 para. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

[F2 Swiss nurses and midwives qualifying outside the United Kingdom: saving of old law U.K.

27A.— (1) Where a registration application is received from a qualifying Swiss applicant before the end of the Swiss recognition period, any provision made by or under the 2001 Order 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 2004 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—

(a) the 2001 Order (other than articles 6(3)(aa), 7(4), 9(1) and (7), 10(1) and (6), 12A(11), 19(2A) to (2D), 37(1)(aa), 39, 39A and 39C and Schedule 2A);

(b) the Nursing and Midwifery Council (Fees) Rules 2004;

(c) the European Nursing and Midwifery Qualifications Designation Order of Council 2004;

(d) the 2004 Registration Rules (other than rules 2A, 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order) and 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order)).

(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 5A(7) for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(b) in article 9(3A) for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(c) in article 13—

(i) for each reference to “an exempt person” there were substituted “a qualifying Swiss applicant”;

(ii) in paragraph (1)—

(aa) in sub-paragraph (c), in the words before paragraph (i), “subject to paragraph (1A)” were omitted;

(bb) sub-paragraphs (d) and (dd) were omitted;

(iii) paragraph (1A) were omitted;

(iv) in paragraph (1B), for sub-paragraph (a), there were substituted—

“(a) if the person holds a nursing or midwifery qualification which—

(i) was granted otherwise than in a relevant European State or the United Kingdom; but

(ii) 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 nurse or midwife in Switzerland,

the acceptance of that qualification; and”;

(d) in article 37—

(i) in paragraph (1), sub-paragraphs (f) to (h) were omitted;

(ii) in paragraph (9)—

(aa) in sub-paragraph (b), the words from “or, in” to the end were omitted;

(bb) sub-paragraph (ca) (including the final “or”) were omitted;

(e) article 39B were omitted;

(f) Schedule 2B were omitted;

(g) in Schedule 4—

(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—

““qualifying Swiss applicant” has the meaning given in paragraph 27A(5) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”.

(4) The modifications to the 2004 Registration Rules mentioned in sub-paragraph (1) are that those Rules are to be read as if—

(a) rule 3 were omitted;

(b) in rule 5(2)(a)(ii), “a valid European professional card as a nurse or” were omitted;

(c) in rule 6, for paragraph (1F) there were substituted—

“(1F) In paragraphs (1B) to (1E) the “attesting State”, in relation to A, is Switzerland.”;

(d) in Schedule 3 to the Rules—

(i) in paragraph (ba), for “a relevant European State”, there were substituted “the United Kingdom or Switzerland”;

(ii) in paragraph (bb), 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 applicant is a qualifying Swiss applicant”.

(5) In this paragraph—

“the 2004 Registration Rules” means the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004;

“qualifying Swiss applicant” means—

(a)

a Swiss applicant (“A”)—

(i)

who holds a relevant qualification in nursing or midwifery,

(ii)

who had not, before IP completion day, applied to be registered in the Midwives’ Part, or Sub-Part 1 of the Nurses’ Part of the register (as the case may be), and

(iii)

if A falls within paragraph (a) of the definition of “Swiss applicant” and only holds relevant qualifications obtained in EEA States, is established in Switzerland; or

(b)

a qualifying applicant who—

(i)

holds a relevant qualification as a nursing associate, and

(ii)

had not, before IP completion day, applied to be registered in the Nursing Associates’ Part of the register;

“the register” has the meaning given in Schedule 4 to the 2001 Order;

“registration application” means an application for registration—

(a)

in Sub-Part 1 of the Nurses’ Part of the register,

(b)

in the Midwives’ Part of the register, or

(c)

in the Nursing Associates’ Part of the register;

“relevant qualification” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.]

Textual Amendments

F2 Sch. 4 para. 27A inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(4)

Commencement Information

I2 Sch. 4 para. 27A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Visiting nurses, midwives and nursing associates: saving of old law for up to [F3 five years] U.K.

28.—(1) Where, immediately before [F4 IP completion day]—

(a) a visiting nurse or midwife was entitled under paragraph 4 or 7 of Schedule 2A to the 2001 Order to provide occasional services, or

(b) the Registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a nurse or midwife seeking to acquire that entitlement,

any provision made by or under the Order continues to apply in relation to the nurse or midwife without the amendments that the Part 1 of this Schedule makes to the provisions relating to visiting midwives and certain visiting nurses from relevant European states [F5 (but subject, in the case of a Swiss visiting nurse or Swiss visiting midwife, to the modifications to the 2001 Order specified in sub-paragraph (4))].

(2) But a visiting nurse or midwife's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or after [F6 IP completion day] (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule. [F7 This sub-paragraph is subject to sub-paragraphs (2A) to (2C).])

[F8 (2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting nurse or a Swiss visiting midwife.

(2B) But a Swiss visiting nurse or Swiss visiting midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order on or 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 midwife” means a visiting midwife who is—

(a)

a national of the United Kingdom or a Swiss national, or

(b)

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 medical profession, no less favourably than a United Kingdom national or Swiss national;

“Swiss visiting nurse” means a visiting nurse who is—

(a)

a national of the United Kingdom or a Swiss national, or

(b)

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 medical profession, no less favourably than a United Kingdom national or Swiss national.]

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting midwives and certain visiting nurses from relevant European states” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting practitioners
The 2001 Order	article 6(3)(aa)
	article 7(4)
	article 9(1) and (7)
	article 10(1) and (6)
	article 12A(11)
	article 19(2A) to (2D)
	article 37(1)(aa)
	article 39
	Schedule 2A
	in Schedule 4, the definitions of “competent authority”, “the Directive”, “exempt person”, “General Systems Regulations”, “national”, “relevant European State” and “visiting nurse or midwife from a relevant European State”
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004	article 8
Nursing and Midwifery Council (Education, Registration and Registration Appeals) Rules 2004	rule 2A
	rule 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order)
	rule 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order)

[F9 (4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a) article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “Swiss visiting nurse or Swiss visiting midwife”;

(b) article 19(2D) is to be read as if, for the words from “the relevant” to the end there were substituted “Switzerland”;

(c) Schedule 2A is to be read as if—

(i) for paragraph 1, there were substituted—

“1.   This Schedule applies to—

(a) a Swiss visiting nurse who is lawfully established as a nurse in Switzerland; or

(b) a Swiss visiting midwife who is lawfully established as a midwife 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 the performance of which started, before IP completion day;”;

(bb) in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting nurse or Swiss visiting midwife”;

(cc) in sub-paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”;

(dd) in sub-paragraph (d), at the end, 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) for paragraph (c), there were substituted—

“(c) if the practitioner is not a national of the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife;”;

(iv) in paragraph 7, for sub-paragraph (6), there were substituted—

“(6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that—

(a) states the practitioner’s wish to provide occasional nursing services or occasional midwifery services in a further year;

(b) contains details of the existing contract or contracts on the basis of which those services will continue to be provided;

(c) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality;

(d) if the practitioner is not a national of the United Kingdom or a Swiss national, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife.”;

(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 nursing or midwifery services, is terminated or otherwise expires; or”;

(d) Schedule 4 is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii) there were inserted, at the appropriate places—

““Swiss visiting midwife” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;

“Swiss visiting nurse” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”.]

Textual Amendments

F3 Words in Sch. 4 para. 28 heading substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(a)

F4 Words in Sch. 4 para. 28(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(b)(i)

F5 Words in Sch. 4 para. 28(1) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(b)(ii)

F6 Words in Sch. 4 para. 28(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(c)(i)

F7 Words in Sch. 4 para. 28(2) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(c)(ii)

F8 Sch. 4 para. 28(2A)-(2C) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(d)

F9 Sch. 4 para. 28(4) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(5)(e)

Commencement Information

I3 Sch. 4 para. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

29.—(1) Where— U.K.

(a) a person had, immediately before [F10 IP completion day], the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a nurse or nursing associate (and article 39A(3) or 39C(3) of the 2001 Order accordingly applied to the person), and

(b) the person continues to have that benefit on or after [F11 IP completion day],

any provision made by or under the 2001 Order continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting general systems nurses and nursing associates from relevant European states [F12 (but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4))].

[F13 (1A) But a relevant applicant to whom sub-paragraph (1) applies may only provide services as a nurse or midwife (as the case may be) for a period not exceeding 90 days in total in any calendar year.]

(2) Sub-paragraph (1) ceases to apply in relation to a visiting nurse or nursing associate—

(a) in respect of a part of the register in which the person is registered as required by article 39A(3) or 39C(3) of the 2001 Order, when the person's name is removed under article 39A(6) or 39C(6) of the Order;

(b) in respect of any other part of the register, when the person's entitlement ceases by reason of the operation of article 39A(5) or 39C(5) of the 2001 Order.

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting general systems nurses and nursing associates from relevant European states” is to the provisions listed in the table in paragraph 28(3), but as if—

(a) the references to article 39 of, and Schedule 2A to, the 2001 Order were omitted, and

(b) there were inserted at the appropriate place a reference to articles 39A and 39C of the 2001 Order.

[F14 (4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a) article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “relevant applicant”;

(b) article 39A(1) is to be read as if—

(i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”;

(ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(c) article 39C(1) is to be read as if—

(i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”;

(ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(d) Schedule 4 is to be read as if—

(i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii) there were inserted, at the appropriate place—

““relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”.]

Textual Amendments

F10 Words in Sch. 4 para. 29(1)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(6)(a)(i)

F11 Words in Sch. 4 para. 29(1)(b) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(6)(a)(i)

F12 Words in Sch. 4 para. 29(1) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(6)(a)(ii)

F13 Sch. 4 para. 29(1A) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(6)(b)

F14 Sch. 4 para. 29(4) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(6)(c)

Commencement Information

I4 Sch. 4 para. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

European Professional Card U.K.

30.—(1) Sub-paragraph (2) applies where, immediately before [F15 IP completion day]—

(a) a person held a valid European professional card for establishment as a nurse in the United Kingdom, or

(b) the Nursing and Midwifery Council was in receipt of a person's application for such a card, the application having been transmitted to it under Article 4d(1) of the Directive.

(2) For the purposes of registration in the register of qualified nurses, midwives and nursing associates, the person is not required to resubmit any document or evidence held by the Council which is derived from the person's IMI file and which does not appear to the Council to have become invalid.

(3) In this paragraph—

(a) “the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), as it had effect immediately before [F16 IP completion day];

(b) “IMI file” has the meaning given by Schedule 4 to the 2001 Order as it had effect immediately before [F17 IP completion day].

Textual Amendments

F15 Words in Sch. 4 para. 30(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(7)

F16 Words in Sch. 4 para. 30(3)(a) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(7)

F17 Words in Sch. 4 para. 30(3)(b) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(7)

Commencement Information

I5 Sch. 4 para. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

31.—(1) Where, immediately before [F18 IP completion day], a person was entitled as mentioned in paragraph 15(2) of Schedule 2B to the 2001 Order, any provision made by or under that Order continues to apply in relation to the person without the amendments made by Part 1 of this Schedule to the provisions relating to the provision of occasional nursing services by holders of a European professional card. U.K.

(2) For the purposes of paragraph 15(4)(a) of Schedule 2B to the 2001 Order as it continues to apply by virtue of sub-paragraph (1)—

(a) a European professional card that was transmitted as mentioned in paragraph 15(1)(a) of that Schedule is to be treated as becoming invalid on the expiry of the period of 18 months beginning with the day on which it was transmitted;

(b) a European professional card that was issued as mentioned in paragraph 15(1)(b) of that Schedule is to be treated as becoming invalid on the expiry of the period of 12 months beginning with the day on which it was issued.

(3) The reference in sub-paragraph (1) to “the provisions relating to the provision of occasional nursing services by holders of a European professional card” is to the provisions listed in the following table.

Act or instrument	Provision relating to visiting practitioners
The 2001 Order	article 6(3)(aa)
	article 7(4)
	article 10(1) and (6)
	article 19(2A) to (2D)
	article 39
	article 39B
	in Schedule 2B, paragraphs 2 (except the definitions of “automatically recognised nurse”, “EPC holder” and “missing document”), 15 and 16
	in Schedule 4, the definitions of “competent authority”, “the Directive”, “European professional card”, “General Systems Regulations”, “IMI”, and “relevant European State”
Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004	article 8

Textual Amendments

F18 Words in Sch. 4 para. 31(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(7)

Commencement Information

I6 Sch. 4 para. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

32.—(1) A decision within article 37(1)(g) of the 2001 Order taken before [F19 IP completion day], or a failure within article 37(1)(h) of that Order arising before [F19 IP completion day], continues to be appealable for the purposes of article 37 of that Order (subject to the provisions of the Order) despite the revocation of article 37(1)(h) and (g). U.K.

(2) In disposing of such an appeal (or a further appeal under article 38 of the 2001 Order), the powers of the Council (or the court or sheriff) are, instead of those set out in article 37(9) (or 38(3)) of the 2001 Order, to—

(a) dismiss the appeal, or

(b) allow the appeal and—

(i) direct that such steps be taken as the Council (or the court or sheriff) thinks fit to draw the findings of the Council (or the court or sheriff) to the attention of the European Commission;

(ii) direct that the person in respect of whom the decision was taken (or the failure arose) is to be treated, for the purposes of paragraph 29(1)(a), as a person who held a valid European professional card F20 ... as a nurse in the United Kingdom immediately before [F21 IP completion day],

and, in the case of an appeal under article 38, to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.

Textual Amendments

F19 Words in Sch. 4 para. 32(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(8)(a)

F20 Words in Sch. 4 para. 32(2)(b)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(8)(b)

F21 Words in Sch. 4 para. 32(2)(b) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(8)(a)

Commencement Information

I7 Sch. 4 para. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

IMI alerts U.K.

33.—(1) Where an alert has been sent by the Nursing and Midwifery Council before [F22 IP completion day] under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of article 37 of the 2001 Order despite the revocation of article 37(1)(f).

(2) In disposing of such an appeal (or a further appeal under article 38 of the 2001 Order), the powers of the Council (or the court or sheriff) are, instead of those set out in article 37(9) (or 38(3)) of the 2001 Order, to—

(a) dismiss the appeal, or

(b) allow the appeal F23 ...,

and, in the case of an appeal under article 38, to make such order as to costs (or, in Scotland, expenses) as the court or sheriff thinks fit.

Textual Amendments

F22 Words in Sch. 4 para. 33(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(9)

F23 Words in Sch. 4 para. 33(2)(b) omitted (24.2.2022) by virtue of The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2022 (S.I. 2022/82), regs. 1(2), 3(5)

Commencement Information

I8 Sch. 4 para. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Interpretation of saved provisions U.K.

34.  Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a) in Schedule 4 to the 2001 Order—

(i) there were substituted for the definition of “the Directive”—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Order to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F24 IP completion day];”;

(ii) there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before [F25 IP completion day], by virtue of section 2(1) of the European Communities Act 1972;”;

(iii) in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—

“(a) a person who, immediately before [F26 IP completion day], was a national of a relevant European State,

(b) a person who, immediately before [F26 IP completion day], was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the medical profession by virtue of an enforceable EU right, or

(c) a person who, immediately before [F26 IP completion day], was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;”;

(iv) in the definition of “General Systems Regulations” [F27 (other than in the definition as it continues to apply by virtue of paragraph 27A)], at the end there were inserted—

“(a) in relation to anything done before [F28 IP completion day], as they had effect at that time;

(b) otherwise, as (and only to the extent that) they have effect, on or after [F28 IP completion day], in relation to an entitlement which arose before [F28 IP completion day] or arises as a result of something done before [F28 IP completion day];”;

(v) in the definition of “national”, for “is not” there were substituted “was not, immediately before [F29 IP completion day]”;

(b) in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

Textual Amendments

F24 Words in Sch. 4 para. 34(a)(i) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(10)(a)

F25 Words in Sch. 4 para. 34(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(10)(a)

F26 Words in Sch. 4 para. 34(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(10)(a)

F27 Words in Sch. 4 para. 34(a)(iv) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(10)(b)

F28 Words in Sch. 4 para. 34(a)(iv) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(10)(a)

F29 Words in Sch. 4 para. 34(a)(v) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 12(10)(a)

Commencement Information

I9 Sch. 4 para. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)