The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

Visiting medical practitioners: saving of old law for up to [F1 five years] U.K.

68.—(1) Where, immediately before [F2 IP completion day]—

(a) a visiting practitioner was entitled under paragraph 4 (entitlement to provide occasional medical services: first year) M1 or 7 (entitlement to provide occasional medical services after first year: renewals) of Schedule 2A to the Medical Act 1983 to provide occasional medical services, or

(b) the Registrar was in receipt of the required documents (within the meaning of paragraph 5 (first provisions of services: required documents) of that Schedule) from a visiting practitioner seeking to acquire that entitlement,

any provision made by or under that Act continues to apply in relation to the visiting practitioner without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting medical practitioners from relevant European States [F3 (but subject to the modifications to Schedule 2A to that Act specified in sub-paragraph (4))].

(2) But a visiting practitioner's entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the Medical Act 1983 on or after [F4 IP completion day] (and, accordingly, the entitlement lapses at end of the period mentioned in paragraph 8(1) or (2) (duration of entitlement to provide occasional medical services) of that Schedule).

[F5 (2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting practitioner.

(2B) But a Swiss visiting practitioner’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the Medical Act 1983 after the end of the visiting practitioner transitional period (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

(2C) In this paragraph, “Swiss visiting practitioner” means a visiting practitioner who—

(a) is a national of the United Kingdom or a Swiss national, or

(b) is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a regulated profession, no less favourably than a United Kingdom or Swiss national.]

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting medical practitioners from relevant European States” are to the provisions listed in the following table.

Act or instrument	Provision relating to visiting medical practitioners
Medical Act 1983	section 2(2)((d)
	section 18
	section 30(1)(d)
	section 32(5)
	section 44B(1) and (2)
	section 44C(11)
	in section 55(1), the definition of “fully registered person”
	Schedule 1, paragraph 10
	Schedule 2A
	[F6 Schedule 3, paragraph 7]
	Schedule 3A, paragraphs 1 and 2(1)(q)
Postgraduate Medical Education and Training Order of Council 2010	article 3(1)(c) and (2)
	article 7(1)(c) and (2)
General Medical Council (Form and Content of the Registers) Regulations No 2 2010	regulation 2
	regulation 4(d)
	regulation 5(f)
General Medical Council (Licence to Practise and Revalidation) Regulations 2012	regulation 3(1)
	regulation 4(2)(f)
	regulation 6(2)

[F7 (4) The modifications to Schedule 2A to the Medical Act 1983 mentioned in sub-paragraph (1) are—

(a) paragraph 1 (application and interpretation) is to be read as if for that paragraph there were substituted—

“1.— (1) This Schedule applies to a Swiss visiting practitioner who is lawfully established in medical practice in Switzerland.

(2) In this Schedule, “Swiss visiting practitioner” has the meaning given in paragraph 68(2C) of Schedule 1 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”;

(b) paragraph 2 is to be read as if —

(i) before paragraph (a) there were inserted—

“(za) an “existing contract” means a written contract which was concluded, and the performance of which started, before IP completion day;”;

(ii) in paragraph (a), for “an exempt person” there were substituted “a Swiss visiting practitioner”;

(iii) in paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”;

(iv) in paragraph (c), after “basis” there were inserted—

“—

(i) on the basis of one or more existing contracts, and

(ii) for a period not exceeding 90 days in total in any calendar year”;

(c) paragraph 5(2) is to be read as if—

(aa) in paragraph (b), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(bb) in paragraph (c), for the words from “a relevant European State” to the end, there were substituted “the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner”;

(d) paragraph 7 is to be read as if—

(i) sub-paragraphs (3) and (4) were omitted;

(ii) after sub-paragraph (6)(a), there were inserted—

“(aa) contains details of the existing contract or contracts on the basis of which the occasional medical services will continue to be provided;

(ab) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality;

(ac) if the practitioner is not a national of the United Kingdom or Switzerland, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting practitioner;”;

(e) paragraph 8(7) (duration of entitlement to provide occasional medical services) is to be read as if, for paragraph (b), there were substituted—

“(b) (i) immediately before the time when the suspension or (as the case may be) erasure takes effect, the practitioner is entitled under this Schedule to provide occasional medical services, or

(ii) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional medical services, is terminated or otherwise expires,”.]

Textual Amendments

F1 Words in Sch. 1 para. 68 heading substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(a)

F2 Words in Sch. 1 para. 68(1) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(c)

F3 Words in Sch. 1 para. 68(1) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(b)

F4 Words in Sch. 1 para. 68(2) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(c)

F5 Sch. 1 para. 68(2A)-(2C) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(d)

F6 Words in Sch. 1 para. 68(3) table inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(e)

F7 Sch. 1 para. 68(4) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 9(4)(f)

Commencement Information

I1 Sch. 1 para. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)

Marginal Citations

M1 Relevant amending instrument is S.I. 2016/1030.