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The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020

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3.  After regulation 5 insert—U.K.

Applications under the Act: Swiss citizens’ rights agreement entitled persons

5A.(1) In this regulation, “qualifying applicant” has the meaning given by paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement).

(2) In relation to a qualifying applicant, the Act has effect as if the amendments made by regulation 2 did not apply, and as if—

(a)in section 2(2)(a), for “, 5A or 5B” there were substituted “or 5A”;

(b)for the heading to section 5A there were substituted “Registration of Swiss citizens’ rights agreement entitled persons”;

(c)in section 5A(1)

(i)in subsection (1)—

(aa)for “Community rights” there were substituted “Swiss citizens’ rights agreement”;

(bb)in paragraph (a), “European” were omitted;

(ii)in subsection (3)—

(aa)in paragraph (a), “European” were omitted;

(bb)in paragraph (c), for “a relevant European State” there were substituted “Switzerland”;

(cc)for paragraph (d) there were substituted—

(d)if the person is not a national of the United Kingdom or Switzerland, proof that the person is a Swiss citizens’ rights agreement entitled person;;

(iii)in subsection (5), for “a competent authority of a relevant European State” there were substituted “the Swiss competent authority”;

(iv)in subsection (6)(a)—

(aa)“European”, in the first place it occurs, were omitted;

(bb)for “that is not the relevant European State in which the evidence of qualification was issued” there were substituted “other than Switzerland”;

(v)in subsection (7), for “a competent authority in the issuing State” there were substituted “the Swiss competent authority”;

(vi)in subsection (10), for paragraph (a)(i) there were substituted—

(i)Switzerland; or;

(d)section 5B(2) (and the references to it in sections 5ZBA(1)(a), 5BA(1), 6(1)(b)(ii) and (6) and 10(3), and, where it occurs, the word “or” immediately preceding any such reference) were omitted;

(e)in the heading to section 5BA(3), for “Community rights” there were substituted “Swiss citizens’ rights agreement”;

(f)in section 5BA, in subsections (1) and (2), for “Community rights”, in both places it occurs, there were substituted “Swiss citizens’ rights agreement”;

(g)section 5CA(4) (and the references to it in sections 5CD(1) and (2), 5CE(1) and 5D(1), and in the headings to sections 5CD and 5CE(5)) were omitted;

(h)section 5CB (and the references to it in sections 5CD(1) and (2), 5CE(1) and 5D(1), and in the headings to sections 5CD and 5CE) were omitted;

(i)in section 27—

(i)in the definitions of “Directive 2005/36/EC” and “the Directive table”, for “amended from time to time” there were substituted “it applied immediately before IP completion day”;

(ii)immediately before the definition of “veterinary surgery” there were inserted—

“Swiss citizens’ rights agreement entitled person” means a person within the meaning of paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement);;

(j)in Schedule 1A—

(i)for the heading there were substituted “REGISTRATION OF SWISS CITIZENS’ RIGHTS AGREEMENT ENTITLED PERSONS”;

(ii)in paragraphs 1(1), 2(1) and (3), 3(1), and 4, in each place it precedes “veterinary surgeon”, “European” were omitted..

Commencement Information

I1Sch. 2 para. 3 in force at 31.12.2020 immediately before IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

(1)

Section 5A was substituted by S.I. 2008/1824. Relevant amending instruments are S.I. 2013/2985 and 2015/2073.

(2)

Section 5B was substituted by S.I. 2008/1824. The relevant amending instrument is S.I. 2015/2073.

(3)

Section 5BA was substituted by S.I. 2008/1824.

(4)

Sections 5CA, 5CB, 5CD and 5CE were substituted by S.I. 2008/1824. The relevant amending instrument is S.I. 2015/2073.

(5)

Section 5D was inserted by S.I. 2003/2919. Relevant amending instruments are S.I. 2008/1824 and 2015/2073.

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