The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018

PART 2 U.K. Amendment of the Provision of Services Regulations 2009

Amendment of the Provision of Services Regulations 2009 U.K.

2.  The Provision of Services Regulations 2009 M1 are amended in accordance with this Part.

Commencement Information

I1 Reg. 2 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2009/2999. Relevant amendments were made by S.I. 2011/1043.

Amendment of regulation 3 (“Competent authority”) U.K.

3.  In regulation 3(3), for “Parts 3 to 6” substitute “ Parts 3 and 6 ”.

Commencement Information

I2 Reg. 3 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 4 (interpretation: general) U.K.

4.  In regulation 4, omit the definition of “the Services Directive”.

Commencement Information

I3 Reg. 4 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 5 (general exclusions and savings) U.K.

5.—(1) In regulation 5(1)—

(a) in sub-paragraph (b), for “EU rules” substitute “ retained EU law ”M2 ;

(b) in sub-paragraph (c)—

(i) omit “in accordance with EU law”;

(ii) after “State aid rules” insert “ in retained EU law ”.

(2) In regulation 5(3)—

(a) in sub-paragraph (a), for “an EEA state or who otherwise benefits from rights conferred by EU acts” substitute “ the United Kingdom ”;

(b) for sub-paragraph (b) substitute—

“(b) a business undertaking established in the United Kingdom.”.

(3) For regulation 5(4) substitute—

“(4) Nothing in Parts 3 and 6 to 8 applies in relation to a provider of a service who is not—

(a) established in the United Kingdom, and

(b) either—

(i) an individual who is a national of the United Kingdom, or

(ii) a business undertaking.”.

(4) In regulation 5, after paragraph (4) insert—

“(5) In paragraphs (3)(b) and (4)(b)(ii), “business undertaking” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association, engaged in activities for the purpose of trading for profit, incorporated or formed under the law of any part of the United Kingdom.”.

Commencement Information

I4 Reg. 5 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2 “Retained EU law” is defined in Schedule 1 to the Interpretation Act 1978 c. 30.

Amendment of regulation 6 (relationship with other requirements) U.K.

6.—(1) In regulation 6(1), omit “, 5”.

(2) In regulation 6(2)—

(a) in sub-paragraph (a), after “enactment” insert “ other than retained direct EU legislation ”M3 ;

(b) for sub-paragraph (a)(ii) substitute—

“(ii) immediately before [F1 IP completion day], the provision implemented an EU obligation, and”;

(c) in sub-paragraph (b), for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;

(d) for sub-paragraph (b)(ii) substitute—

“(ii) immediately before [F2 IP completion day], the provision was contained in an EU instrument that came into force before these Regulations were made.”.

(3) In regulation 6(3), omit “or 4”.

(4) In regulation 6(4)—

(a) in sub-paragraph (a), after “enactment” insert “ other than retained direct EU legislation ”;

(b) in sub-paragraph (b), for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;

(c) for sub-paragraph (b)(ii) substitute—

“(ii) immediately before [F3 IP completion day], the provision was contained in an EU instrument that came into force before these Regulations were made.”.

Textual Amendments

F1 Words in reg. 6(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(a)

F2 Words in reg. 6(2)(d) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(a)

F3 Words in reg. 6(4)(c) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(a)

Commencement Information

I5 Reg. 6 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M3 “Retained direct EU legislation” is defined in Schedule 1 to the Interpretation Act 1978 c. 30.

Amendment of regulation 8 (other information to be made available) U.K.

7.  In regulation 8(1)—

(a) omit sub-paragraph (f);

(b) in sub-paragraph (g), after “assessment” insert “ or the registration number as defined in regulation 2(1) of the Value Added Tax Regulations 1995 ”M4 ;

(c) in sub-paragraph (h), for “the professional title and the EEA state in which that title has been granted” substitute “ and the professional title ”.

Commencement Information

I6 Reg. 7 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M4 S.I. 1995/2518.

Amendment of regulation 9 (information to be supplied on request etc) U.K.

8.  In regulation 9(1)(b), omit “in the EEA state in which the provider is established”.

Commencement Information

I7 Reg. 8 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 13 (application of this Part) U.K.

9.  In regulation 13—

(a) in paragraph (1), omit “except as specified in paragraph (2)”;

(b) omit paragraph (2).

Commencement Information

I8 Reg. 9 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 14 (authorisation schemes) U.K.

10.—(1) Omit regulation 14(2)(a).

(2) In regulation 14(3)—

(a) in sub-paragraph (a), for “implementing an EU obligation” substitute “ other than retained direct EU legislation which, immediately before [F4 IP completion day], implemented an EU obligation ”;

(b) for sub-paragraph (b) substitute—

“(b) a provision of retained direct EU legislation which, immediately before [F4 IP completion day], was contained in an EU instrument that came into force before these Regulations were made.”.

Textual Amendments

F4 Words in reg. 10(2) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(b)

Commencement Information

I9 Reg. 10 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 15 (conditions for the granting of authorisation) U.K.

11.—(1) Omit regulation 15(2)(a).

(2) In regulation 15(3)(a), omit “or in another EEA state”.

Commencement Information

I10 Reg. 11 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 17 (selection from among several candidates) U.K.

12.  In regulation 17(4), for “EU law” substitute “ retained EU law ”.

Commencement Information

I11 Reg. 12 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 21 (prohibited requirements) U.K.

13.—(1) In regulation 21(1), omit sub-paragraphs (a) – (d) and (g).

(2) Omit regulation 21(4).

Commencement Information

I12 Reg. 13 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 22 (requirements subject to evaluation) U.K.

14.—(1) In regulation 22(2)(d)—

(a) in paragraph (i), after “covered by” insert “ retained EU law which, immediately before [F5 IP completion day], implemented an obligation under ”;

(b) in paragraph (ii), for “EU instruments” substitute “ retained EU law ”.

(2) Omit regulation 22(3)(a).

(3) In regulation 22(5), omit “, in accordance with EU law,”.

Textual Amendments

F5 Words in reg. 14(1)(a) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), regs. 1(3), 3(2)(c)

Commencement Information

I13 Reg. 14 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Revocation of Part 4 (duties of competent authorities in relation to providers of services provided from another EEA state) U.K.

15.  Omit Part 4.

Commencement Information

I14 Reg. 15 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Revocation of Part 5 (recipients of services) U.K.

16.  Omit Part 5.

Commencement Information

I15 Reg. 16 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 31 (certificates and other documents) U.K.

17.—(1) In regulation 31(3)(a), for “another EU instrument” substitute “ other retained EU law ”.

(2) Omit regulation 31(5)(a) – (e).

(3) For regulation 31(5)(h) substitute—

“(h) regulations 61(1), 61(4) and (5) and 63 of the Public Contracts (Scotland) Regulations 2015;”.

(4) For regulation 31(5)(k) substitute—

“(k) regulations 38, 39 and 40 of the European Union (Recognition of Professional Qualifications) Regulations 2015.”.

Commencement Information

I16 Reg. 17 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Revocation of regulation 33 (insurance) U.K.

18.  Omit regulation 33.

Commencement Information

I17 Reg. 18 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Amendment of regulation 34 (commercial communications by regulated professions) U.K.

19.  Omit regulation 34(3)(a).

Commencement Information

I18 Reg. 19 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Revocation of Part 9 (administrative co-operation between EEA states) U.K.

20.  Omit Part 9.

Commencement Information

I19 Reg. 20 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)

Revocation of regulation 46 (disclosure of information under Employment Agencies Act 1973) U.K.

21.  Omit regulation 46.

Commencement Information

I20 Reg. 21 in force on IP completion day, see reg. 1 and 2020 c. 1, Sch. 5 para. 1(1)