The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

[F1 Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the principal Regulations - transitional and saving provision U.K.

44.— (1) This paragraph applies where—

(a) before IP completion day, an applicant has made an application to a competent authority or to a point of single contact under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the principal Regulations; and

(b) the application has not been finally determined before IP completion day.

(2) For the purposes of sub-paragraph (1), an application is finally determined when—

(a) the competent authority has notified or is deemed to have notified the applicant of its decision; and

(b) either—

(i) the period for appeal against that decision under the principal Regulations has expired without an appeal being made; or

(ii) an appeal made under regulation 68(1) of the principal Regulations against a decision taken or deemed to be taken under regulations 10 or 42(2) has been determined.

(3) The provisions of the principal Regulations continue to apply on and after IP completion day as they had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (4), in relation to—

(a) the application concerned; and

(b) any appeal under regulation 68(1) of the principal Regulations against a decision taken or deemed to be taken under regulations 10 or 42(2) in relation to that application.

(4) The modifications to the principal Regulations are as follows—

(a) the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);

(b) regulation 5 is to be read as if—

(i) in paragraph (2), after “IMI procedure” there were inserted “where appropriate in accordance with Article 29(2) of the withdrawal agreement”;

(ii) paragraph (3) were omitted;

(iii) for paragraph (4), there were substituted—

“(4) A competent authority must—

(a) act as a point of single contact for their regulated professions; and

(b) provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.”;

(iv) in paragraph (5), for the words from “rules” to the end there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018.”;

(v) for paragraph (8) there were substituted—

“(8) Where a competent authority asks for advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market for the completion of procedures referred to in paragraph (6), it must act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).”;

(vi) paragraph (9) were omitted;

(vii) in paragraph (10), for “regulations 21 and” there were substituted “regulation”;

(c) regulation 41 is to be ignored;

(d) regulation 42(5) is to be ignored;

(e) Parts 4 and 5 are to be ignored;

(f) regulation 66(3) is to be read as if for the words from “rules” to the end there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018 and through use of the IMI procedure where appropriate, in accordance with Article 29(2) of the withdrawal agreement”;

(g) regulation 67 is to be ignored F2 ...;

(h) regulation 68, so far as it relates to an appeal under regulation 67, is to be ignored, save to the extent that paragraph 47 of this Schedule applies.

(5) In this paragraph, “applicant” has the meaning in regulation 8(4) of the principal Regulations—

(a) before amendment made by Part 2; and

(b) with the omission of the words “including Part 4”.]

Textual Amendments

F1 Sch. 1 Pt. 3 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), reg. 1(3), Sch. 1 para. 3

F2 Words in Sch. 1 para. 44(4)(g) omitted (4.6.2021) by virtue of The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2021 (S.I. 2021/574), regs. 1(1), 2(3)

Commencement Information

I1 Sch. 1 para. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)