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

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Medical Act 1983

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30.—(1) Section 55 (interpretation)(1) is amended as follows.

(2) In subsection (1)—

(a)for the definition of “the Directive” substitute—

“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 Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision of the Directive, as it had effect immediately before exit day (but see subsections (2) and (3) below);;

(b)at the appropriate place insert—

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

(c)in the definition of “fully registered person”, omit “, or under Schedule 2A as a visiting medical practitioner from a relevant European State,”;

(d)in the definition of “the General Systems Regulations”, at the end insert—

(a)

in relation to anything done before exit day, as they had effect at that time;

(b)

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

(e)omit the definition of “IMI”;

(f)in the definition of “national”, for “is not” substitute “was not, immediately before exit day”.

(3) After subsection (1) insert—

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

(1)

The definition of “the Directive” was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2007/3101, 2008/1774, 2016/1030.

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