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

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PART 2Savings and transitional provision

Pending applications

14.—(1) Where an application for entry in, or restoration to, the register kept under the 1994 Act is received before exit day, any provision made by or under that Act 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) Where section 14(10) of the 1994 Act continues to apply by virtue of sub-paragraph (1), the reference in that subsection to EU or Community 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)).

Visiting chiropractors: saving of old law for up to one year

15.—(1) Where—

(a)a person had, immediately before exit 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 chiropractor (and section 5A(3) of the 1994 Act accordingly applied to the person), and

(b)the person continues to have that benefit on or after exit day,

any provision made by or under the 1994 Act 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 chiropractors from relevant European states.

(2) Sub-paragraph (1) ceases to apply in relation to a visiting chiropractor—

(a)if the chiropractor is registered as required by section 5A(3) of the 1994 Act, when his or her name is removed under section 5A(6) of the Act;

(b)otherwise, when the chiropractor’s entitlement ceases by reason of the operation of section 5A(5) of the Act.

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

Act or instrumentProvision relating to visiting chiropractors
The 1994 Actsection 5A
section 6(1), (2), (4A), (5) and (6)
section 8(8)
section 17(2A) to (2D)
section 29(1)(ba)
section 29A (other than subsection (2)(c))
section 37(2)
section 31
General Chiropractic Council (Registration) Rules 1999rules 2(2A), 3(4)(a) and 6(2)

IMI alerts

16.—(1) Where an alert has been sent by the General Chiropractic Council before exit 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 section 29A of the 1994 Act (subject to the provisions of that Act) despite the repeal of section 29A(2)(c).

(2) In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in section 29A(3) of the 1994 Act, to—

(a)dismiss the appeal, or

(b)allow the appeal and direct the General Chiropractic Council to take such steps as the court (or sheriff) thinks fit to draw the findings of the court (or sheriff) to the attention of the European Commission,

and to make such order as to costs (or, in Scotland, expenses) as the court (or sheriff) thinks fit.

Interpretation of saved provisions

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

(a)in section 43 of the 1994 Act—

(i)there were inserted at the appropriate place—

“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;;

(ii)in the definition of “exempt person”—

(aa)for paragraphs (a) to (c) there were substituted—

(a)a person who, immediately before exit day, was a national of a relevant European State,

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

(c)a person who, immediately before exit 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 of chiropractic, no less favourably than a national of a relevant European State;;

(bb)in the words after paragraph (c), for “is not” there were substituted “was not, immediately before exit day”;

(iii)in the definition of “General Systems Regulations”, at the end there were inserted—

(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;;

(b)in the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002—

(i)in rule 2, in the definition of “the Directive”, for “as amended from time to time” there were substituted “as it had effect immediately before exit day”;

(ii)in rules 11(1) and 12, the references to the Directive applying or not applying to a case were references to the case falling within or outside the Directive;

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

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