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SCHEDULES

Regulation 4

SCHEDULE 3U.K.Dentists and dental care professionals

PART 1U.K.Amendments to legislation

InterpretationU.K.

1.  In this Schedule—

“the 1984 Act” means the Dentists Act 1984 M1;

“the 1998 Regulations” means the European Primary and Specialist Dental Qualifications Regulations 1998 M2.

Commencement Information

I1Sch. 3 para. 1 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

Dentists Act 1984U.K.

2.  The 1984 Act is amended as follows.

Commencement Information

I2Sch. 3 para. 2 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)

3.  In section 12A (degrees and licences) M3, in subsection (2), in the definition of “basic dental training”, for “is to” substitute “ would ”.U.K.

Commencement Information

I3Sch. 3 para. 3 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

M3Section 12A was inserted by S.I. 2007/3101.

4.  In section 14 (dentists register) M4, in subsection (1A)—U.K.

(a)for “three” substitute “ two ”;

(b)at the end of paragraph (a), insert “ and ”;

(c)omit paragraph (c) and the “and” before it.

Commencement Information

I4Sch. 3 para. 4 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

M4Section 14 was substituted by S.I. 2005/2011 and subsection (1A) was inserted by S.I. 2007/3101.

5.  In section 15 (qualification for registration) M5—U.K.

(a)in subsection (1)—

(i)at the end of paragraph (a), insert “ and ”;

(ii)omit paragraphs (b) and (ba) (including the final “and”);

(b)for subsection (2), substitute—

“(2) In this Act “recognised overseas diploma” means—

(a)a relevant European diploma, or

(b)any other diploma granted in a country overseas that is recognised for the time being by the Council for the purposes of this Act.

(2ZA) In this Act “relevant European diploma” means—

(a)an appropriate European diploma, within the meaning given by Schedule 2, that has not been designated by the Council for the purposes of this paragraph, or

(b)a dental qualification that is not an appropriate European diploma but—

(i)was granted in a relevant European State, and

(ii)demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a UK diploma in dentistry (within the meaning given by section 12A(2)).

(2ZB) The Council—

(a)may designate a diploma for the purposes of subsection (2ZA)(a) only with the approval of the Privy Council;

(b)must maintain and publish a list of the diplomas that are so designated.”;

(c)in subsection (3), omit “, (b) or (ba)”;

(d)after subsection (4), insert—

“(4ZA) Subsection (4)(c) does not apply to a person whose application under this section is made in reliance on a relevant European diploma.”;

(e)omit subsections (4A) to (4C).

Commencement Information

I5Sch. 3 para. 5 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

M5Subsection (1)(b) and (ba) was substituted by S.I. 2007/3101. Subsection (3)(ba) was inserted by 2015/806. Subsections (4A) to (4BD) were substituted by S.I. 2007/3101. Subsection (4C) was inserted by S.I. 1998/811. Relevant amending instruments are S.I. 2007/3101, 2016/1030.

6.  In section 15A (necessary knowledge of English) M6, omit subsections (5) and (7).U.K.

Commencement Information

I6Sch. 3 para. 6 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

M6Section 15A was inserted by S.I. 2015/806.

7.  In section 16 (overseas diplomas) M7, omit subsections (2A) and (2B).U.K.

Commencement Information

I7Sch. 3 para. 7 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

M7Subsections (2A) was inserted by S.I. 1998/811. Subsection (2B) was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2003/3148, 2007/3101.

8.  In section 17 (temporary registration) M8—U.K.

(a)omit subsection (3A);

(b)in subsection (3B), omit “(except subsection (5))”.

Commencement Information

I8Sch. 3 para. 8 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

M8Subsection (3A) was inserted by S.I. 1998/811, and subsection (3B) was inserted by S.I. 2015/806. Relevant amending instruments are S.I. 2003/3148, 2007/3101.

9.  In section 18 (registration procedure) M9, omit subsections (2A) and (2B).U.K.

Commencement Information

I9Sch. 3 para. 9 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

M9Subsections (2A) and (2B) were inserted by S.I. 2007/3101.

10.  In section 19 (registration regulations) M10—U.K.

(a)in subsection (1), for “Subject to subsection (1A), the” substitute “ The ”;

(b)omit subsection (1A).

Commencement Information

I10Sch. 3 para. 10 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

M10Subsection (1A) was inserted by, and subsection (1) was amended by, S.I. 2007/3101.

11.  In section 21A (notification of result of application) M11—U.K.

(a)omit subsections (2A) and (2B);

(b)in subsection (3), for the words from “application—” to the end substitute “ application within the period of three months beginning with the relevant date. ”.

Commencement Information

I11Sch. 3 para. 11 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

M11Section 21A was substituted by S.I. 2007/3101. Subsections (2A) and (2B) were inserted by S.I. 2015/806.

12.  In section 26A (indemnity requirements) M12, omit subsection (11).U.K.

Commencement Information

I12Sch. 3 para. 12 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

M12Section 26A was substituted by S.I. 2014/1887.

13.  In section 29 (appeals) M13—U.K.

(a)in subsection (1), omit paragraph (d);

(b)in subsection (1B), omit “or regulation 67 of the General System Regulations,”;

(c)in subsection (3)—

(i)in paragraph (b), omit the words after “against”;

(ii)in paragraphs (c) and (d), omit “the Council,”.

Commencement Information

I13Sch. 3 para. 13 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

M13Subsection (1)(d) was inserted by S.I. 2016/1030. Subsection (1B) was inserted by S.I. 2005/2011. Subsection (3) was substituted by section 31(2)(d) of the National Health Service Reform and Health Care Professions Act 2002 (c. 17) and subsection (3)(b) to (d) was substituted by S.I. 2005/2011. Relevant amending instruments is S.I. 2016/1030.

14.  Omit section 34AA (professional training and development for visiting dentists) M14.U.K.

Commencement Information

I14Sch. 3 para. 14 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

M14Section 34AA was inserted by S.I. 2007/3101.

15.  In section 35 (effect of disqualification in relevant European States) M15—U.K.

(a)in subsection (1), for “15(1)(b) or (ba) above” substitute “ 15(1)(c) in reliance on a relevant European diploma ”;

(b)in subsection (3), for the words from “is registered” to “when he is” substitute “ has been registered under section 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before [F1IP completion day], when he was ”;

(c)in subsection (5), for “15(1)(b) or (ba)” substitute “ 15(1)(c) in reliance on a relevant European diploma, or under subsection (1)(b) or (ba) of that section as it had effect before [F2IP completion day], ”.

Textual Amendments

Commencement Information

I15Sch. 3 para. 15 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

M15Relevant amending instruments are S.I. 2005/2011, 2007/3101.

16.  Omit section 36 (visiting dentists from relevant European states) M16.U.K.

Commencement Information

I16Sch. 3 para. 16 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

M16Relevant amending instruments are S.I. 1996/1496, 2007/3101.

17.  Omit sections 36ZA (designation of competent authority) M17 and 36ZB (fees for certificates) M18.U.K.

Commencement Information

I17Sch. 3 para. 17 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

M17Section 36ZA was inserted by S.I. 2007/3101 and amended by paragraph 29 of Schedule 19 to the Data Protection Act 2018.

M18Section 36ZB was inserted by S.I. 2007/3101.

18.  In section 36B (dental care professionals register) M19, for subsection (1A) substitute—U.K.

“(1A) The dental care professionals register shall contain particulars of persons who under section 36C are entitled to be registered in the dental care professionals register.”.

Commencement Information

I18Sch. 3 para. 18 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

M19Section 36B was inserted by S.I. 2005/2011. Subsection (1A) was inserted by S.I. 2007/3101.

19.  In section 36C (qualifications for registration) M20—U.K.

(a)in subsection (1), for paragraphs (a) and (b) substitute—

“(a)of matter A or C, and

(b)of matter D.”;

(b)omit subsection (3);

(c)after subsection (4), insert—

“(4A) Subsection (4)(b) does not apply to a person whose application for registration is made in reliance on a relevant qualification that—

(a)was granted in a relevant European State, and

(b)demonstrates, in the opinion of the Council, a comparable level of knowledge and skill to that demonstrated by a qualification approved (or qualifications together approved) in respect of the same profession or class under section 36D(2).”;

(d)in subsection (5), for paragraphs (a) and (b) substitute—

“(a)shall take into account all that person's relevant qualifications, and all relevant knowledge or experience, wherever acquired, and

(b)may determine that a person must perform to the satisfaction of the Council in any test or assessment specified in the determination.”;

(e)omit subsections (6A) and (6B).

Commencement Information

I19Sch. 3 para. 19 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

M20Section 36C was inserted by S.I. 2005/2011. Subsections (3) and (5)(b) were substituted by, S.I. 2007/3101. Subsections (6A) and (6B) were inserted by S.I. 2015/806. Relevant amending instrument is S.I. 2006/1718.

20.  In section 36CA (necessary knowledge of English) M21—U.K.

(a)omit subsections (5), (7) and (8);

(b)in subsection (14)(a), omit “the principal list of”.

Commencement Information

I20Sch. 3 para. 20 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

M21Section 36CA was inserted by S.I. 2015/806.

21.  In section 36E (rules relating to the register) M22, in paragraph (a), omit “the principal list of”.U.K.

Commencement Information

I21Sch. 3 para. 21 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

M22Section 36E was inserted by S.I. 2005/2011. Relevant amending instrument is S.I. 2007/3101.

22.  In section 36F (registration fees) M23—U.K.

(a)[F3in subsection (1),] for “Subject to subsection (1A), the” substitute “ The ”;

(b)omit subsection (1A).

Textual Amendments

Commencement Information

I22Sch. 3 para. 22 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

M23Section 36F was inserted by S.I. 2005/2011. Subsection (1A) was inserted by S.I. 2007/3101. Relevant amending instruments are S.I. 2007/3101, 2015/806.

23.  In section 36L (indemnity arrangements) M24, omit subsection (11).U.K.

Commencement Information

I23Sch. 3 para. 23 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

M24Section 36L was substituted by S.I. 2014/1887.

24.  In section 36S (appeals) M25—U.K.

(a)in subsection (1), omit paragraph (d);

(b)in subsection (3), omit “or regulation 67 of the General System Regulations,”;

(c)in subsection (6)—

(i)in paragraph (b), omit the words after “against”;

(ii)in paragraphs (c) and (d), omit “the Council,”.

Commencement Information

I24Sch. 3 para. 24 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

M25Section 36S was inserted by S.I. 2005/2011. Relevant amending instrument is S.I. 2016/1030.

25.  Omit sections 36Z3 (visiting dental care professionals from relevant European states) M26 and 36Z4 (training and development for visiting professionals) M27.U.K.

Commencement Information

I25Sch. 3 para. 25 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

M26Section 36Z3 was inserted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

M27Section 36Z4 was inserted by S.I. 2007/3101.

26.  In section 53 (interpretation) M28, in subsection (1)—U.K.

(a)omit the definitions of “competent authority”, “Directive 2002/58/EC”, “exempt person”, “the General Systems Regulations”, “IMI”, and “national”;

(b)for the definition of “the Directive” substitute—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F4IP completion day];”.

Textual Amendments

Commencement Information

I26Sch. 3 para. 26 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

M28The definitions of “competent authority”, “the Directive”, “exempt person”, “the General Systems Regulations”, “national”, and “relevant European State” were inserted by S.I. 2007/3101. The definitions of “Directive 2002/58/EC” and “IMI” were inserted by, and “the General Systems Regulations” was substituted by, S.I. 2016/1030. Relevant amending instrument is S.I. 2011/1043.

27.  In Schedule 2 (European Dental Qualifications) M29—U.K.

(a)in paragraph 1(1), omit the definition of “medical qualification”;

(b)in paragraph 2—

(i)for “paragraphs 3, 3A and 4” substitute “ paragraph 3 ”;

(ii)for “any” substitute “ a ”;

(iii)for “15(1)(b)” substitute “ 15(2ZA) ”;

(iv)for “, provided that, where the diploma” substitute “ if it ”;

(v)after “Directive”, where it first occurs, insert “ and ”;

(c)in paragraph 3—

(i)for “15(1)(b)” substitute “ 15(2ZA) ”;

(ii)omit the words from “unless” to the end;

(d)omit paragraphs 3A to 10.

Commencement Information

I27Sch. 3 para. 27 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

M29Relevant amending instruments are S.I. 1996/1496, 2003/3148, 2004/1947, 2007/3101, 2013/3036, 2016/1030.

28.  In Schedule 2A (registration appeals) M30—U.K.

(a)in paragraph 1—

(i)in the definition of “appealable registration decision”, omit “and (4)”;

(ii)in the definition of “person concerned”, omit “or (4)”;

(iii)in the definition of “the requisite period”—

(aa)omit “(ba),”;

(bb)for “, (i) or (j)” substitute “ or (i) ”;

(cc)omit the words after “the decision”, where it first appears;

(b)in paragraph 2(1)—

(i)in paragraph (a), omit “, (b)”;

(ii)omit paragraphs (aa), (ab), (ba) and (bb);

(iii)omit paragraphs (j), (k) and (l);

(c)in paragraph 3—

(i)in sub-paragraph (2)—

(aa)omit “, (aa)”;

(bb)for “, (i) or (j)” substitute “ or (i) ”;

(ii)omit sub-paragraphs (3) and (4);

(d)in paragraph 4(1)(b), omit “or (4)”.

Commencement Information

I28Sch. 3 para. 28 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

M30Schedule 2A was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2007/3101, 2015/806.

29.  Omit Schedule 4 (visiting dentists from relevant European states) M31.U.K.

Commencement Information

I29Sch. 3 para. 29 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

M31Schedule 4 was substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

30.  Omit Schedule 4ZA (designation of competent authority) M32.U.K.

Commencement Information

I30Sch. 3 para. 30 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

M32Schedule 4ZA was inserted by S.I. 2007/3101. Relevant amending instruments are Schedule 19 to the Data Protection Act 2018, S.I. 2016/1030.

31.  In Schedule 4A (registration appeals) M33—U.K.

(a)in paragraph 1—

(i)in the definition of “appealable registration decision”, omit “and (4)”;

(ii)in the definition of “person concerned”, omit “or (4)”;

(iii)in the definition of “the requisite period”, omit “(ab),”;

(b)in paragraph 2(1)—

(i)omit paragraphs (aa) and (ab);

(ii)omit paragraph (i) and the “and” before it;

(c)in paragraph 3, omit sub-paragraphs (3) and (4);

(d)in paragraph 4(1)(b), omit “or (4)”.

Commencement Information

I31Sch. 3 para. 31 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

M33Schedule 4A was inserted by S.I. 2005/2011. Relevant amending instruments are S.I. 2007/3101, 2015/806.

European Primary and Specialist Dental Qualifications Regulations 1998U.K.

32.—(1) The 1998 Regulations are amended as follows.

(2) In regulation 2 (interpretation) M34, in paragraph (1)—

(a)for the definition of “the Directive” substitute—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in these Regulations to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F5IP completion day];”;

(b)omit the definitions of “Directive 2002/58/EC”, “exempt person”, “the GDPR”, “General Systems Regulations”, “IMI” and “national”.

(3) In regulation 3 (power of direction in relation to EU obligations) M35, in paragraph (1), after “arise from” insert “ retained ”.

(4) Omit regulation 4 (designation of competent authority) M36.

(5) In regulation 7 (minimum requirements for specialist training) M37—

(a)in paragraph (1), for “is to” substitute “ would ”;

(b)in paragraph (2), for “can” substitute “ would ”.

(6) In regulation 8 (distinctive titles and specialist lists) M38—

(a)in paragraph (2)—

(i)at the end of sub-paragraph (b), insert “ or ”;

(ii)omit sub-paragraphs (c) and (e) (and the “or” before sub-paragraph (e));

(b)omit paragraphs (2A) and (2B).

(7) In regulation 9 (eligible specialists) M39—

(a)in paragraph (1)—

(i)omit sub-paragraph (a) (including “and”);

(ii)in sub-paragraph (b), for “recognised” substitute “ relevant European ”;

(b)in paragraph (2), for “Subject to paragraph (2A), a” substitute “ A ”;

(c)omit paragraphs (2A) and (3);

(d)in paragraph (4)—

(i)omit sub-paragraph (a);

(ii)in sub-paragraph (b), omit “in any other case,”.

(8) Omit regulation 9A (applications by nationals of relevant European States etc.) M40.

(9) In regulation 10 (recognised European qualifications) M41—

(a)in the heading, for “Recognised” substitute “ Relevant European ”;

(b)before paragraph (1), insert—

“(A1) In regulation 9(1), “relevant European specialist dental qualification” means an appropriate European specialist dental qualification, within the meaning of paragraph (1), that has not been designated by the GDC for the purposes of this paragraph.

(B1) The GDC—

(a)may designate a qualification for the purposes of paragraph (A1) only with the approval of the Privy Council;

(b)must maintain and publish a list of the qualifications that are so designated.”;

(c)in paragraph (1)—

(i)in the words before sub-paragraph (a)—

(aa)for “recognised” substitute “ appropriate European ”;

(bb)for “regulation 9(1)” substitute “ paragraph (A1) ”;

(ii)in sub-paragraph (a)(ii), omit “other than the United Kingdom”;

(iii)omit sub-paragraphs (aa) to (e);

(d)omit paragraph (2).

(10) Omit regulation 13 (access to other specialities by nationals of relevant European States etc.) M42.

(11) In regulation 14 (appeals to panel) M43, in paragraph (1), omit sub-paragraphs (ba) to (bc).

(12) Omit Schedule A1 (competent authority functions) M44.

Textual Amendments

Commencement Information

I32Sch. 3 para. 32 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

M34Paragraph (1) was amended by S.I. 2004/1947, 2007/3101, 2011/1043, 2016/1030, Schedule 19 to the Data Protection Act 2018. There are other amending instruments but none is relevant.

M35Regulation 3 was amended by S.I. 2007/3101, 2011/1043.

M36Regulation 4 was substituted by S.I. 2007/3101.

M37Paragraph (1) and (2) were substituted by S.I. 2007/3101.

M38Paragraph (2) to (2B) were substituted by S.I. 2007/3101. Relevant amending instrument is S.I. 2016/1030.

M39Relevant amending instruments are S.I. 2003/3148, 2007/3101.

M40Regulation 9A was inserted by S.I. 2007/3101.

M41Relevant amending instruments are S.I. 2004/1947, 2007/3101, 2013/3036.

M42Regulation 13 was substituted by S.I. 2003/3148. Relevant amending instrument is S.I. 2007/3101.

M43Relevant amending instrument is S.I. 2007/3101.

M44Schedule A1 was inserted by S.I. 2007/3101. Relevant amendments made by Schedule 19 to the Data Protection Act 2018. Relevant amending instrument is S.I. 2016/1030.

General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015U.K.

33.  In the General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015 M45, in rule 1(2) (interpretation)—

(a)in the definitions of “dental care professional” and “dentist”, omit the words from “other” to the end;

(b)in the definition of “register”, in paragraphs (a) and (b), omit the words from “in relation” to the end.

Commencement Information

I33Sch. 3 para. 33 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

General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017U.K.

34.  In the General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017 M46, in rule 1(3) (interpretation), in the definition of “practitioner”, omit the words from “other” to the end.

Commencement Information

I34Sch. 3 para. 34 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

PART 2U.K.Savings and transitional provision

Pending applicationsU.K.

35.—(1) Where an application for—

(a)registration in, or restoration to, a register kept under the 1984 Act, or

(b)entry into a list kept under regulations made under section 26 of the 1984 Act,

is received before [F6IP completion day], any provision made by or under that Act, or (in the case of an application within paragraph (b)) by the 1998 Regulations, continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) For the purposes of paragraph (1) a list transmitted under section 18(3) of the 1984 Act is to be regarded as an application for registration in the dentists register.

Textual Amendments

Commencement Information

I35Sch. 3 para. 35 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)

[F7Swiss dentists qualifying outside the United Kingdom: saving of old lawU.K.

35A.—(1) Where an application for registration in the dentists register is received from a Swiss dentist before the end of the Swiss recognition period, any provision made by or under the 1984 Act, or by the 1998 Regulations, 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 1984 Act and the 1998 Regulations 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 1984 Act (other than sections 14(1A), 19(1) and (1A), 26A(11), 34AA and 36, paragraph 2(1)(l) of Schedule 2A, and Schedule 4);

(b)the 1998 Regulations (other than regulations 8(2)(e), (2A) and (2B) and 14(1)(bc)).

(3) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a)section 14(1A) is to be read as if paragraph (c) were omitted;

(b)section 15 is to be read as if—

(i)in subsections (1)(b) and (ba), for “any exempt person” there were substituted “any Swiss dentist”;

(ii)in subsection (4A), for “an exempt person” there were substituted “a Swiss dentist”;

(iii)for subsection (4BD), there were substituted—

“(4BD) In subsections (4B) to (4BC), the “attesting State”, in relation to A, is Switzerland.”;

(c)section 15A(7) is to be read as if for “an exempt person” there were substituted “a Swiss dentist”;

(d)section 16 is to be read as if—

(i)in subsection (2A)—

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

(bb)for paragraph (b), there were substituted—

“(b)if the person holds a dental qualification—

(i)which was granted otherwise than in a relevant European State or the United Kingdom, and

(ii)has been recognised by a competent authority in Switzerland pursuant to Article 2(2) of the Directive as qualifying the person to practise as a dentist in Switzerland,

shall take that acceptance into account; and”;

(ii)subsection (2B) were omitted;

(e)section 17(3A) is to be read as if—

(i)for “an exempt person” there were substituted “a Swiss dentist”;

(ii)for the words from “a relevant” to the end there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive, of the Swiss dentist’s right to practise as a dentist in Switzerland”;

(f)section 18(2A) is to be read as if—

(i)in the words before paragraph (a), for “An exempt person” there were substituted “A Swiss dentist”;

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

(iii)in paragraph (b), for the words from “a relevant European State” to the end there were substituted “the United Kingdom or Switzerland, the enforceable EU right by virtue of which A is a Swiss dentist”;

(g)section 53(1) is to be read as if—

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

(ii)in the definition of “the 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—

““Swiss dentist” has the meaning given in paragraph 35A(5) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”;

(h)Schedule 2A is to be read as if in paragraph 2(1)(ab) for “an exempt person” there were substituted “a Swiss dentist”.

(4) The modifications to the 1998 Regulations mentioned in sub-paragraph (1) are—

(a)regulation 2(1) is to be read as if—

(i)in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

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

(iii)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)”;

(iv)there were inserted at the appropriate place—

““Swiss dentist” has the meaning given in paragraph 35A(5) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”;

(b)regulation 8(2)(c) is to be read as if for “an exempt person” there were substituted “a Swiss dentist”;

(c)regulation 9 is to be read as if—

(i)in paragraph (1)(a) for “an exempt person” there were substituted “a Swiss dentist”;

(ii)in paragraph (2)—

(aa)“Subject to paragraph (2A),” were omitted;

(bb)for “a person”, there were substituted “A person”;

(iii)paragraph (2A) were omitted;

(iv)in paragraph (3)—

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

(bb)in sub-paragraph (b)(ii), for the words from “a relevant European State” to “Kingdom”, there were substituted “Switzerland, in accordance with its national rules as permitted by Article 2(2) of the Directive,”;

(d)regulation 9A is to be read as if—

(i)in paragraph (1), in the words before sub-paragraph (a), for “An exempt person”, there were substituted “A Swiss dentist”;

(ii)in paragraph (2)(a) for the words from “in the” to the end, there were substituted “in Switzerland”;

(iii)in paragraph (3), for “an exempt person”, there were substituted “a Swiss dentist”;

(e)regulation 13(2)(a), is to be read as if for “a relevant European State, other than the United Kingdom”, there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive”.

(5) In this paragraph—

“registration application” means an application for registration in the dentists register;

“Swiss dentist” means a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration under Schedule 4 to the 1984 Act).]

Textual Amendments

Commencement Information

I36Sch. 3 para. 35A 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)

[F7Swiss dental care professionals: saving of old lawU.K.

35B.—(1) Where a registration application is received from a Swiss dental care professional before the end of the Swiss recognition period, any provision made by or under the 1984 Act, or by the 1998 Regulations, 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 1984 Act specified in sub-paragraph (3)).

(2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the 1984 Act (other than sections 36B(1A), 36CA(14), 36E, 36F(1) and (1A), 36L(11), 36Z3 and 36Z4 and paragraph 2(1)(i) of Schedule 4A).

(3) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a)section 36B is to be read as if for subsection (1A) there were substituted—

“(1A) The dental care professionals register shall contain particulars of persons who under section 36C are entitled to be registered in that register.”;

(b)section 36C is to be read as if—

(i)in subsection (3)(a) and subsection (5)(b), for “an exempt person” there were substituted “a Swiss dental care professional”;

(ii)in subsection (5)(b)(ii), for “a relevant European State, other than the United Kingdom,” there were substituted “Switzerland, in accordance with its national rules as permitted by Article 2(2) of the Directive,”;

(c)section 36CA is to be read as if—

(i)in subsection (7), for “an exempt person” there were substituted “a Swiss dental care professional”;

(ii)in subsection (8), “the principal list of” were omitted;

(d)section 36E(a) is to be read as if “the principal list of” were omitted;

(e)section 53(1) is to be read as if—

(i)in the definition of “the 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)”;

(ii)there were inserted at the appropriate place—

““Swiss dental care professional” has the meaning given in paragraph 35B(4) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019);”;

(f)in Schedule 4A, paragraph 2(1)(aa) is to be read as if for “an exempt person” there were substituted “a Swiss dental care professional”.

(4) In this paragraph—

“registration application” means an application for registration in the dental care professionals register as a person entitled to be registered under section 36C of the 1984 Act under a title applying to the profession pursued by any of the following—

(a)

clinical dental technicians;

(b)

dental hygienists;

(c)

dental nurses;

(d)

dental technicians;

(e)

dental therapists;

(f)

orthodontic therapists;

“Swiss dental care professional” means a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration as a visiting dental care professional).]

Textual Amendments

Commencement Information

I37Sch. 3 para. 35B 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)

Assessments in relation to specialtiesU.K.

36.  Regulation 13 of the 1998 Regulations continues to apply for the purposes of any assessment referred to in paragraph (1)(a)(i) or (b) of that regulation that has begun but not been concluded before [F8IP completion day].

Textual Amendments

Commencement Information

I38Sch. 3 para. 36 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)

Visiting dentists: saving of old law for up to [F9five years] U.K.

37.—(1) Where, immediately before [F10IP completion day]—

(a)a visiting dentist was entitled under paragraph 4 or 7 of Schedule 4 to the 1984 Act to provide occasional dental services, or

(b)the registrar was in receipt of the required documents (within the meaning of paragraph 5 of that Schedule) from a dentist seeking to acquire that entitlement,

any provision made by or under the Act, or by the 1998 Regulations, continues to apply in relation to the dentist without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dentists from relevant European states [F11(but subject, in the case of a Swiss visiting dentist, to the modifications to the 1984 Act and the 1998 Regulations specified in sub-paragraphs (4) and (5))].

(2) But a visiting dentist's entitlement does not continue (or further continue) under paragraph 7 of Schedule 4 to the 1984 Act on or after [F12IP completion day] (and, accordingly, the entitlement lapses at the end of the period mentioned in paragraph 8(1) or (2) of that Schedule).

[F13(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting dentist.

(2B) But a Swiss visiting dentist’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 4 to the 1984 Act on or 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 dentist” means a visiting dentist who—

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

(b)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 the profession of dentistry, no less favourably than a national of the United Kingdom or Switzerland.]

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting dentists from relevant European states” is to the provisions listed in the following table.

Act or instrumentProvision relating to visiting dentists
The 1984 Actsection 14(1A)
section 19(1) and (1A)
section 26A(11)
section 34AA
section 36
in section 53(1), the definitions of “the Directive”, “exempt person”, “the General Systems Regulations”, and “national”
Schedule 2A, paragraph 2(1)(l)
Schedule 4
The 1998 Regulationsregulation 8(2)(e), (2A) and (2B)
regulation 14(1)(bc)
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015rule 1(2)
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017rule 1(3)

[F14(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a)section 34AA(4) is to be read as if, for the words from “the relevant” to the end, there were substituted “Switzerland”;

(b)section 53(1) is to be read as if—

(i)in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii)the definitions of “exempt person” and “national” were omitted;

(c)Schedule 4 is to be read as if—

(i)for paragraph 1 there were substituted—

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

(2) In this Schedule, “Swiss visiting dentist” has the meaning given in paragraph 37(2C) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”;

(ii)in paragraph 2—

(aa)before sub-paragraph (a), there were inserted—

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

(bb)in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting dentist”;

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

(dd)in sub-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.”;

(iii)in paragraph 5(2)—

(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 dentist”;

(iv)in paragraph 7(6), after paragraph (a), there were inserted—

“(aa)contains details of the existing contract or contracts on the basis of which the occasional dental 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 a Swiss national, contains proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting dentist;”;

(v)in paragraph 8(6), after paragraph (a), there were inserted—

“(aa)ceases to have a valid contract to provide occasional [F15dental] services, because the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional dental services, is terminated or otherwise expires; or”.

(5) The modification to the 1998 Regulations mentioned in sub-paragraph (1) is that regulation 8(2)(e) is to be read as if for “an exempt person” there were substituted “a Swiss visiting dentist (within the meaning given in paragraph 37(2C) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).]

Textual Amendments

Commencement Information

I39Sch. 3 para. 37 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)

Visiting dental care professionals: saving of old law for up to [F16five years] U.K.

38.—(1) Where—

(a)a person had, immediately before [F17IP completion day], the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of relevant dental care services (and section 36Z3(3) of the 1984 Act accordingly applied to the person), and

(b)the person continues to have that benefit on or after [F18IP completion day],

any provision made by or under the 1984 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting dental care professionals from relevant European states [F19(but subject, in the case of a Swiss visiting dental care professional, to the modifications to the 1984 Act specified in sub-paragraph (4))].

[F20(1A) For the purposes of this paragraph, “Swiss visiting dental care professional” means a visiting dental care professional who is a relevant applicant.

(1B) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide relevant dental care services for a period not exceeding 90 days in total in any calendar year.]

(2) Sub-paragraph (1) ceases to apply in relation to a visiting dental care professional—

(a)in respect of a title under which the professional is registered as required by section 36Z3(3), when the person's name is erased under section 36Z3(6) of the 1984 Act;

(b)in respect of any other title, when the person's entitlement ceases by reason of the operation of section 36Z3(5) of the 1984 Act.

[F21(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting dental care professional.

(2B) But a Swiss visiting dental care professional’s entitlement does not continue (or further continue) under section 36Z3 of the 1984 Act on or after the end of the visiting practitioner transitional period.

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

(a)is a national of the United Kingdom or is 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 dental care profession dental care, no less favourably than a national of the United Kingdom or Switzerland.]

(3) In sub-paragraph (1)—

(a)“relevant dental care services” means services that were “relevant services” within the meaning of section 36Z3(11) of the 1984 Act, as it had effect immediately before [F22IP completion day];

(b)the reference to “the provisions relating to visiting dental care professionals from relevant European states” is to the provisions listed in the following table.

Act or instrumentProvision relating to visiting professionals
The 1984 Actsection 36B(1A)
section 36CA(14)
section 36E
[F23section 36F(1) and (1A)]
section 36L(11)
section 36Z3
section 36Z4
in section 53(1), the definitions of “competent authority”, “exempt person”, “the General Systems Regulations”, and “national”
Schedule 4A, paragraph 2(1)(i)
General Dental Council (Indemnity Arrangements) (Dentists and Dental Care Professionals) Rules 2015rule 1(2)
General Dental Council (Continuing Professional Development) (Dentists and Dental Care Professionals) Rules 2017rule 1(3)

[F24(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a)section 36Z3 is to be read as if—

(i)in subsection (1)—

(aa)for “an exempt person” there were substituted “a relevant applicant”;

(bb)for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”;

(ii)after subsection (1) there were inserted—

“(1A) In this section, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.”;

(b)section 36Z4 is to be read as if, in subsection (4), for the words from “the relevant” to the end there were substituted “Switzerland”;

(c)section 53(1) is to be read as if, in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”.]

Textual Amendments

Commencement Information

I40Sch. 3 para. 38 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)

IMI alertsU.K.

39.—(1) Where an alert has been sent by the General Dental Council before [F25IP completion day] under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29 or (as the case may be) 36S of the 1984 Act (subject to the provisions of that Act) despite the repeal of sections 29(1)(d) and 36S(1)(d).

(2) In disposing of such an appeal, the powers of the relevant court are, instead of those set out in section 29(3) or 36S(6) of the 1984 Act, to—

(a)dismiss the appeal, or

(b)allow the appeal F26...,

and to make such order as to costs (or, in Scotland, expenses) as the court thinks fit.

Textual Amendments

Commencement Information

I41Sch. 3 para. 39 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)

Interpretation of saved provisionsU.K.

40.  Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a)in section 53(1) of the 1984 Act or regulation 2(1) of the 1998 Regulations (whichever is relevant)—

(i)there were substituted for the definition of “the Directive”—

(aa)in the case of section 53(1) of the 1984 Act—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F27IP completion day];”;

(bb)in the case of regulation 2(1) of the 1998 Regulations—

““the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in these Regulations to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision, as it had effect immediately before [F27IP completion day];”;

(ii)there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before [F27IP completion day], by virtue of section 2(1) of the European Communities Act 1972;”;

(iii)in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—

(aa)in the case of section 53(1) of the 1984 Act—

“(a)a person who, immediately before [F27IP completion day], was a national of a relevant European State,

(b)a person who, immediately before [F27IP completion day], was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession by virtue of an enforceable EU right, or

(c)a person who, immediately before [F27IP completion day], was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession, no less favourably than a national of a relevant European State;”;

(bb)in the case of regulation 2(1) of the 1998 Regulations—

“(a)a person who, immediately before [F27IP completion day], was a national of a relevant European State,

(b)a person who, immediately before [F27IP completion day], was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of dentistry by virtue of an enforceable EU right, or

(c)a person who, immediately before [F27IP completion day], was not a national of a relevant European State, but at that time was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of dentistry, no less favourably than a national of a relevant European State;”;

(iv)in the definition of “the General Systems Regulations” (or “General Systems Regulations”) [F28(other than those definitions as they continue to apply by virtue of paragraph 35A or 35B)], at the end there were inserted—

“(a)in relation to anything done before [F27IP completion day], as they had effect at that time;

(b)otherwise, as (and only to the extent that) they have effect, on or after [F27IP completion day], in relation to an entitlement which arose before [F27IP completion day] or arises as a result of something done before [F27IP completion day];”;

(v)in the definition of “national”, for “is not” there were substituted “ was not, immediately before [F27IP completion day]”;

(b)in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

Textual Amendments

Commencement Information

I42Sch. 3 para. 40 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)