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PART 2Savings and transitional provision

Interpretation of provisions saved by regulation 17(2)

18.  In so far as the following provisions of the 2016 Act continue to apply by virtue of regulation 17(2), they apply with the following modifications—

(a)in section 90 (visiting social workers from relevant European States)—

(i)subsection (1) is to be read as if “other than the United Kingdom” was omitted;

(ii)subsection (8) is to be read as if, for the definitions of “exempt person” and “the General Systems Regulations”, there were substituted—

“exempt person” (“person esempt”) means—

(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, by virtue of an enforceable EU right, social work, or work as a social care manager, 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 social work or work as a social care manager, no less favourably than a national of a relevant European State,

and for the purposes of this definition, “enforceable EU right” (“hawl UE orfodadwy”) 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. 68);;;

“the General Systems Regulations” (“y Rheoliadau Systemau Cyffredinol”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059)—

(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 section 90A (visiting social care managers from relevant European States), subsection (1) is to be read as if “other than the United Kingdom” was omitted.