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

[F1 The 2007 Regulations – Temporary and occasional provision of services - transitional and saving provision U.K.

48.— (1) This paragraph applies where, before exit day, an applicant has submitted or renewed a declaration in accordance with regulation 11 of the 2007 Regulations to the appropriate competent authority, and, on IP completion day, has not lost entitlement to provide services.

(2) The provisions of the 2007 Regulations relating to the provision of services on a temporary and occasional basis continue to apply on and after IP completion day in relation to the applicant concerned, as they had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (3), until the earlier of the following—

(a) the day before that on which renewal of the declaration in accordance with regulation 11(2)(c) would have been required but for the modification specified in sub-paragraph (3); or

(b) 30th January 2021.

(3) The modifications to the 2007 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 paragraphs (5) and (7) were omitted;

(c) regulation 11 is to be read as if—

(i) paragraph (2)(c) and the “and” immediately before it were omitted;

(ii) paragraph (3) were omitted;

(d) regulation 16(5) is to be read as if after “the applicant may” there were inserted “not”;

(e) regulation 17 is to be read as if paragraphs (2), (3) and (4) were omitted;

(f) regulation 18 is to be read as if after paragraph (2), there were inserted—

“(3) If the competent authorities of the home State fail to provide the information requested under paragraph (1)(a) within such period as may be specified in the request, the applicant will no longer be entitled to provide services in the profession that the applicant is pursuing in the United Kingdom in accordance with this Part nor retain any temporary registration.”;

(g) regulation 19(e) is to be read as if for the words from “the VAT identification” to the end there were substituted “the country in which the applicant is VAT registered and the applicant’s VAT registration number”.

(4) In this paragraph, “applicant” has the meaning in regulation 6(3) of the 2007 Regulations, as those Regulations had effect immediately before IP completion day, but does not include a relevant applicant as defined in paragraph 49(2).]

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

Commencement Information

I1 Sch. 1 para. 48 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)