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

[F1 Swiss pharmacists qualifying outside the United Kingdom: saving of old law U.K.

44A.— (1) Where an application for registration in Part 1 of the Register is received from a qualifying Swiss applicant before the end of the Swiss recognition period, any provision made by an instrument amended by Part 1 of this Schedule continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the establishment provisions (but subject to the modifications to the 2010 Order and the General Pharmaceutical Council (Registration) Rules 2010 specified in sub-paragraphs (3) and (4)).

(2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments—

(a) the 2010 Order, other than articles 19(2)(d) and (e), 32(11), 33, 33A, 36(3), 39(1)(c) and (e), 66(2) and 71, and Schedule 2A;

(b) the Approved European Pharmacy Qualifications Order of Council 2007;

(c) the General Pharmaceutical Council (Registration) Rules 2010;

(d) the Pharmacy Order 2010 (Approved European Pharmacy Qualifications) Order 2010.

(3) The modifications to the 2010 Order mentioned in sub-paragraph (1) are—

(a) article 3(1) is to be read as if—

(i) in the definitions of “the Directive” and “Directive 2002/58/EC”, for “as amended from time to time” there were substituted “as it had effect immediately before IP completion day”;

(ii) in the definition of “General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(iii) there were inserted at the appropriate place—

““qualifying Swiss applicant” has the meaning given in paragraph 44A(5) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”;

(iv) for the definition of “third country”, there were substituted—

““third country” has the same meaning as in regulation 2(1) of the 2007 Regulations.”;

(b) article 20(4) is to be read as if, for sub-paragraph (a), there were substituted—

“(a) is a qualifying Swiss applicant who has qualified as a pharmacist in a relevant European State;”;

(c) article 21 is to be read as if—

(i) in paragraph (1), in sub-paragraphs (b) and (c), for “an exempt person”, there were substituted “a qualifying Swiss applicant”;

(ii) in paragraph (1), in sub-paragraph (d)—

(aa) in the words before paragraph (i), “subject to paragraph (2)” were omitted;

(bb) in paragraph (ii)(aa), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(cc) in paragraph (ii)(bb), “whether or not P is an exempt person” were omitted;

(iii) paragraphs (2), and (4)(b) were omitted, and the “and” at the end of paragraph (4)(a) were omitted;

(iv) in paragraph (5)—

(aa) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(bb) in sub-paragraph (a), for “another relevant European State” there were substituted “a competent authority in Switzerland, pursuant to Article 2(2) of the Directive”;

(d) in article 23—

(i) paragraph (1)(c) is to be read as if—

(aa) paragraph (iii) were omitted;

(bb) in paragraph (iv), in the words before sub-paragraph (aa) and in sub-paragraph (bb), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

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

(dd) in paragraph (vi), for “an exempt person” there were substituted “a qualifying Swiss applicant”, and for “a relevant European State” there were substituted “Switzerland”;

(ii) paragraph (4) is to be read as if for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(iii) paragraph (9) is to be read as if for the words from “in relation” to the end, there were substituted “in relation to a qualifying Swiss applicant, means Switzerland”;

(e) article 23A(7) is to be read as if for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(f) article 36(1) is to be read as if for “Subject to paragraph (3), the” there were substituted “The”.

(4) The modifications to the General Pharmaceutical Council (Registration) Rules 2010 mentioned in sub-paragraph (1) are—

(a) rule 2 is to be read as if after the definition of “prescribed fee”, there were inserted—

““qualifying Swiss applicant” has the meaning given in paragraph 44A(5) of Schedule 2 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”;

(b) rule 10 is to be read as if—

(i) in paragraph (3)(e)—

(aa) in the words before paragraph (i), for “an exempt person within the meaning given in article 3(1) of the Order” there were substituted “a qualifying Swiss applicant”;

(bb) in paragraphs (i) and (ii), for “a relevant European State”, in each place it occurs, there were substituted “the United Kingdom or Switzerland”;

(cc) in paragraph (ii), for “Community right by virtue of which the applicant is an exempt person” there were substituted “enforceable EU right by virtue of which the applicant is a qualifying Swiss applicant”;

(ii) in paragraph (3)(f), for “a relevant European State”, in each place it occurs, there were substituted “the United Kingdom or Switzerland”;

(iii) in paragraph (3)(h), in the words before paragraph (i), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(iv) in paragraph (3)(i), in the words before paragraph (i), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(v) in paragraph (3)(j), in paragraphs (i) and (ii), for “an exempt person”, in each place it occurs, there were substituted “a qualifying Swiss applicant”;

(vi) in paragraph (3)(k)—

(aa) in paragraph (i), for “an exempt person” there were substituted “a qualifying Swiss applicant”;

(bb) in paragraph (ii), “, whether or not the applicant is an exempt person,” were omitted;

(vii) paragraph (3ZA) were omitted;

(viii) in paragraph (12), for the definition of “attesting State” there were substituted—

““attesting State” means Switzerland;”.

(5) For the purposes of this paragraph—

“qualifying Swiss applicant” means a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration under Schedule 2 to the 2010 Order);

“the Register” has the meaning given in article 3(1) of the 2010 Order, as it had effect immediately before IP completion day.]

Textual Amendments

F1 Sch. 2 paras. 44A, 44B 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), 10(4)

Commencement Information

I1 Sch. 2 para. 44A 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)