The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020

(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are— (a) section 34AA(4)[^f00081] 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[^f00082] 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 pharmacy 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).

• (8) In paragraph 38—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), for “exit day” substitute “IP completion day”;

• (ii) in the full out words after paragraph (b), after “states” insert “(but subject, in the case of a Swiss visiting dental care professional, to the modifications to the 1984 Act specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(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.

• (d) after sub-paragraph (2), insert—

(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.

• (e) in sub-paragraph (3)(a), for “exit day” substitute “IP completion day”

• (f) in the table following sub-paragraph (3), for “section 36F(1) and 1(A)” substitute “section 36F(1) and (1A)”;

• (g) after sub-paragraph (3), insert—

(4) The modifications to the 1984 Act mentioned in sub-paragraph (1) are— (a) section 36Z3[^f00083] 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[^f00084] 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”.

• (9) In paragraph 39(1), for “exit day” substitute “IP completion day”.

• (10) In paragraph 40(a)—

• (a) in paragraphs (i) to (v), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in paragraph (iv), after “(or “General Systems Regulations”) insert “(other than those definitions as they continue to apply by virtue of paragraph 35A or 35B)”.

Amendments to Schedule 4 (nurses, midwives and nursing associates)

12

• (1) Schedule 4 is amended as follows.

• (2) In paragraph 10(c), after the paragraphs inserted after article 13(2) of the 2001 Order, insert—

(6) A person who applies, on or after IP completion day, for admission to the register is to be deemed to satisfy the requirements of Article 9(2)(a).

• (3) In paragraphs 22(a) and 27(1), for “exit day” substitute “IP completion day”.

• (4) After paragraph 27 insert—

(27A) (1) Where a registration application is received from a qualifying Swiss applicant before the end of the Swiss recognition period, any provision made by or under the 2001 Order[^f00085] 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 2001 Order and the 2004 Registration Rules 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 2001 Order (other than articles 6(3)(aa), 7(4), 9(1) and (7), 10(1) and (6), 12A(11), 19(2A) to (2D), 37(1)(aa), 39, 39A and 39C and Schedule 2A); (b) the Nursing and Midwifery Council (Fees) Rules 2004[^f00086]; (c) the European Nursing and Midwifery Qualifications Designation Order of Council 2004[^f00087]; (d) the 2004 Registration Rules (other than rules 2A, 20(a) (so far as it relates to article 37(1)(aa) of the 2001 Order) and 21(2)(a)(iii) (so far as it relates to article 37(1)(aa) of the 2001 Order)). (3) The modifications to the 2001 Order mentioned in sub-paragraph (1) are that the Order is to be read as if— (a) in article 5A(7)[^f00088] for “an exempt person” there were substituted “a qualifying Swiss applicant”; (b) in article 9(3A)[^f00089] for “an exempt person” there were substituted “a qualifying Swiss applicant”; (c) in article 13[^f00090]— (i) for each reference to “an exempt person” there were substituted “a qualifying Swiss applicant”; (ii) in paragraph (1)— (aa) in sub-paragraph (c), in the words before paragraph (i), “subject to paragraph (1A)” were omitted; (bb) sub-paragraphs (d) and (dd) were omitted; (iii) paragraph (1A) were omitted; (iv) in paragraph (1B), for sub-paragraph (a), there were substituted— (a) if the person holds a nursing or midwifery qualification which— (i) was granted otherwise than in a relevant European State or the United Kingdom; but (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 nurse or midwife in Switzerland, the acceptance of that qualification; and (d) in article 37[^f00091]— (i) in paragraph (1), sub-paragraphs (f) to (h) were omitted; (ii) in paragraph (9)— (aa) in sub-paragraph (b), the words from “or, in” to the end were omitted; (bb) sub-paragraph (ca) (including the final “or”) were omitted; (e) article 39B[^f00092] were omitted; (f) Schedule 2B[^f00093] were omitted; (g) in Schedule 4[^f00094]— (i) 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)”; (ii) there were inserted, at the appropriate place— - “qualifying Swiss applicant” has the meaning given in paragraph 27A(5) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019; (4) The modifications to the 2004 Registration Rules mentioned in sub-paragraph (1) are that those Rules are to be read as if— (a) rule 3 were omitted; (b) in rule 5(2)(a)(ii)[^f00095], “a valid European professional card as a nurse or” were omitted; (c) in rule 6, for paragraph (1F)[^f00096] there were substituted— (1F) In paragraphs (1B) to (1E) the “attesting State”, in relation to A, is Switzerland. (d) in Schedule 3 to the Rules[^f00097]— (i) in paragraph (ba), for “a relevant European State”, there were substituted “the United Kingdom or Switzerland”; (ii) in paragraph (bb), 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 applicant is a qualifying Swiss applicant”. (5) In this paragraph— - “the 2004 Registration Rules” means the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004[^f00098]; - “qualifying Swiss applicant” means— a Swiss applicant (“A”)— who holds a relevant qualification in nursing or midwifery, who had not, before IP completion day, applied to be registered in the Midwives’ Part, or Sub-Part 1 of the Nurses’ Part of the register (as the case may be), and if A falls within paragraph (a) of the definition of “Swiss applicant” and only holds relevant qualifications obtained in EEA States, is established in Switzerland; or a qualifying applicant who— holds a relevant qualification as a nursing associate, and had not, before IP completion day, applied to be registered in the Nursing Associates’ Part of the register; - “the register” has the meaning given in Schedule 4 to the 2001 Order; - “registration application” means an application for registration— in Sub-Part 1 of the Nurses’ Part of the register, in the Midwives’ Part of the register, or in the Nursing Associates’ Part of the register; - “relevant qualification” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

• (5) In paragraph 28—

• (a) in the heading for “one year” substitute “five years”;

• (b) in sub-paragraph (1) —

• (i) for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states”, insert “(but subject, in the case of a Swiss visiting nurse or Swiss visiting midwife, to the modifications to the 2001 Order specified in sub-paragraph (4))”;

• (c) in sub-paragraph (2)—

• (i) for “exit day” substitute “IP completion day”;

• (ii) after “of that Schedule.”, insert “This sub-paragraph is subject to sub-paragraphs (2A) to (2C).”;

• (d) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting nurse or a Swiss visiting midwife. (2B) But a Swiss visiting nurse or Swiss visiting midwife’s entitlement does not continue (or further continue) under paragraph 7 of Schedule 2A to the 2001 Order 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 midwife” means a visiting midwife who is— a national of the United Kingdom or a Swiss national, or 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 medical profession, no less favourably than a United Kingdom national or Swiss national; - “Swiss visiting nurse” means a visiting nurse who is— a national of the United Kingdom or a Swiss national, or 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 medical profession, no less favourably than a United Kingdom national or Swiss national.

• (e) after sub-paragraph (3), insert—

(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are— (a) article 10(6)[^f00099] is to be read as if for the words from “visiting nurse” to the end there were substituted “Swiss visiting nurse or Swiss visiting midwife”; (b) article 19(2D)[^f00100] is to be read as if, for the words from “the relevant” to the end there were substituted “Switzerland”; (c) Schedule 2A[^f00101] is to be read as if— (i) for paragraph 1, there were substituted— (1) This Schedule applies to— (a) a Swiss visiting nurse who is lawfully established as a nurse in Switzerland; or (b) a Swiss visiting midwife who is lawfully established as a midwife in Switzerland. (ii) in paragraph 2— (aa) before sub-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; (bb) in sub-paragraph (a), for “an exempt person” there were substituted “a Swiss visiting nurse or Swiss visiting midwife”; (cc) in sub-paragraph (b), for the words from “the relevant” to the end there were substituted “Switzerland”; (dd) in sub-paragraph (d), at the end, 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) for paragraph (c), there were substituted— (c) if the practitioner is not a national of the United Kingdom or Switzerland, proof of the enforceable EU right by virtue of which the practitioner is a Swiss visiting nurse or Swiss visiting midwife; (iv) in paragraph 7, for sub-paragraph (6), there were substituted— (6) In this paragraph “renewal declaration”, in relation to a visiting practitioner, means a written declaration that— (a) states the practitioner’s wish to provide occasional nursing services or occasional midwifery services in a further year; (b) contains details of the existing contract or contracts on the basis of which those services will continue to be provided; (c) if the practitioner is a national of the United Kingdom or Switzerland, contains proof of nationality; (d) 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 nurse or Swiss visiting midwife. (v) in paragraph 8(5), after paragraph (a), there were inserted— (aa) the existing contract, or last of the existing contracts, on the basis of which the visiting practitioner was providing occasional nursing or midwifery services, is terminated or otherwise expires; or (d) Schedule 4[^f00102] is to be read as if— (i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”; (ii) there were inserted, at the appropriate places— - “Swiss visiting midwife” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019; - “Swiss visiting nurse” has the meaning given in paragraph 28(2C) of Schedule 4 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

• (6) In paragraph 29—

• (a) in sub-paragraph (1) —

• (i) in paragraphs (a) and (b), for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4))”;

• (b) after sub-paragraph (1), insert—

(1A) But a relevant applicant to whom sub-paragraph (1) applies may only provide services as a nurse or midwife (as the case may be) for a period not exceeding 90 days in total in any calendar year.

• (c) after sub-paragraph (3), insert—

(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are— (a) article 10(6) is to be read as if for the words from “visiting nurse” to the end there were substituted “relevant applicant”; (b) article 39A(1) is to be read as if— (i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”; (ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”; (c) article 39C(1) is to be read as if— (i) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a relevant applicant”; (ii) in sub-paragraph (a), for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”; (d) Schedule 4 is to be read as if— (i) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”; (ii) there were inserted, at the appropriate place— - “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

• (7) In paragraphs 30(1), (3)(a) and (b) and 31(1), for “exit day” substitute “IP completion day”.

• (8) In paragraph 32—

• (a) in sub-paragraphs (1) and (2)(b), for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (2)(b)(ii), omit “for establishment”.

• (9) In paragraph 33(1), for “exit day” substitute “IP completion day”.

• (10) In paragraph 34(a)—

• (a) in paragraphs (i), (ii), (iii), (iv) and (v), for “exit day” substitute “IP completion day”;

• (b) in paragraph (iv), after ““General Systems Regulations””, insert “(other than in the definition as it continues to apply by virtue of paragraph 27A)”.

Amendments to Part 2 of Schedule 5 (opticians)

13

• (1) Part 2 of Schedule 5 is amended as follows.

• (2) In paragraph 25, for “exit day” substitute “IP completion day”.

• (3) After paragraph 25, insert—

(25A) (1) Where a registration application is received from a Swiss optician before the end of the Swiss recognition period, any provision made by or under the 1989 Act[^f00103] 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 1989 Act and the General Optical Council (Registration) Rules 2005[^f00104] 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 1989 Act (other than sections 8B to 8D, 10(1)(c) and (1ZA), 10A(11), 11A(5) to (7), 11B(1A) to (1C) and 29(2A) and paragraph 1A(1)(b)(ii) of Schedule 1); (b) the General Optical Council Testing of Sight by Persons Training as Ophthalmic Opticians Rules 1993[^f00105]; (c) the General Optical Council (Registration) Rules 2005 (other than rules 2(1A), 21A and 21B). (3) The modifications to the 1989 Act mentioned in sub-paragraph (1) are— (a) section 8(1A)(a)[^f00106] is to be read as if for “an exempt person” there were substituted “a Swiss optician”; (b) section 36[^f00107] is to be read as if, 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)”. (4) The modifications to the General Optical Council (Registration) Rules 2005 mentioned in sub-paragraph (1) are— (a) rule 12(2)(b)(ii) 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”; (b) rule 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 register of optometrists or the register of dispensing opticians kept under section 7 of the 1989 Act; - “Swiss optician” means a qualifying applicant who had not, before IP completion day, made a registration application in respect of registration in the register in which the applicant wishes to be registered on or after IP completion day.

• (4) In paragraph 26—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 1989 Act specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may not provide services as an optometrist or a dispensing optician (as the case may be) for a period exceeding 90 days in total in any calendar year.

• (d) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting optician. (2B) But a Swiss visiting optician’s entitlement does not continue (or further continue) under sections 8C or 8D of the 1989 Act on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting optician” means a visiting optometrist or dispensing optician 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 the profession of optometrist or dispensing optician, no less favourably than a national of the United Kingdom or Switzerland.

• (e) after sub-paragraph (3), insert—

(4) The modifications to the 1989 Act mentioned in sub-paragraph (1) are— (a) section 8C[^f00108] is to be read as if in subsection (1)— (i) for “an exempt person” there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019”; (ii) for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”; (b) section 8D[^f00109] is to be read as if in subsection (1)— (i) for “an exempt person” there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”; (ii) for “a relevant European State other than the United Kingdom” there were substituted “Switzerland”; (c) section 11A[^f00110] is to be read as if in subsection (7), for the words from “the relevant” to the end there were substituted “Switzerland”; (d) section 11B[^f00111] is to be read as if in subsection (1C), for the words from “the relevant” to the end there were substituted “Switzerland”.

• (5) In paragraph 27(1), for “exit day” substitute “IP completion day”.

• (6) In paragraph 28—

• (a) in sub-paragraph (a)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 25A)”.

Amendments to Part 2 of Schedule 6 (osteopaths)

14

• (1) Part 2 of Schedule 6 is amended as follows.

• (2) In paragraph 15(1), for “exit day” substitute “IP completion day”.

• (3) After paragraph 15, insert—

(15A) (1) Where a registration application is received from a Swiss osteopath before the end of the Swiss recognition period, any provision made by or under the 1993 Act[^f00112] 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 1993 Act, the Fees Rules and the Recognition Rules specified in sub-paragraphs (3) to (5)). (2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments (other than the provisions listed in the table following paragraph 16(3))— (a) the 1993 Act (other than sections 5A, 6(1), (2), (4A), (5) and (6), 8(8), 17(2A) to (2D), 29(1)(ba), 29A (other than subsection (2)(c)) and 37(2)); (b) the Fees Rules; (c) the Recognition Rules. (3) The modifications to the 1993 Act mentioned in sub-paragraph (1) are— (a) in section 14— (i) in subsection (10), the reference to “EU law”, and (ii) in subsection (10)(b), the reference to “Community law”, are to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)); (b) section 41 is to be read as if 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)”. (4) The modification to the Fees Rules mentioned in sub-paragraph (1) is that rule 6(2)(b) is to be read as if for “or other European Economic Area State” there were substituted, “, Switzerland”. (5) The modification to the Recognition Rules mentioned in sub-paragraph (1) is that rule 4(2) is to be read as if— (a) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a Swiss osteopath (within the meaning given in paragraph 15A(6) of Schedule 6 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”; (b) in sub-paragraph (b)(ii), 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”. (6) In this paragraph— - “the Fees Rules” means the General Osteopathic Council (Application for Registration and Fees) Rules 2000[^f00113]; - “the Recognition Rules” means the General Osteopathic Council (Recognition of Qualifications) Rules 2000[^f00114]; - “registration application” means an application for entry in the register maintained under the 1993 Act; - “Swiss osteopath” means a qualifying applicant who had not, before IP completion day, made a registration application.

• (4) In paragraph 16—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 1993 Act specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as an osteopath for a period not exceeding 90 days in total in any calendar year.

• (d) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting osteopath. (2B) But a Swiss visiting osteopath’s entitlement does not continue (or further continue) under section 5A of the 1993 Act on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting osteopath” means a visiting osteopath 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 the osteopath profession, no less favourably than a national of the United Kingdom or Switzerland.

• (e) after sub-paragraph (3), insert—

(4) The modifications to the 1993 Act mentioned in sub-paragraph (1) are— (a) section 5A(1)[^f00115] is to be read as if for the words from “an exempt person” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as an osteopath in Switzerland (“State A”)”; (b) section 17(2D)[^f00116] is to be read as if for the words from “the relevant” to “osteopath” there were substituted “Switzerland”.

• (5) In paragraph 17(1), for “exit day” substitute “IP completion day”.

• (6) In paragraph 18—

• (a) in sub-paragraphs (a)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 15A)”.

Amendments to Part 2 of Schedule 7 (chiropractors)

15

• (1) Part 2 of Schedule 7 is amended as follows.

• (2) In paragraph 14(1), for “exit day” substitute “IP completion day”.

• (3) After paragraph 14, insert—

(14A) (1) Where a registration application is received from a Swiss chiropractor before the end of the Swiss recognition period, any provision made by or under the 1994 Act[^f00117] 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 that Act and the 2002 Rules 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 1994 Act (other than sections 5A, 6(1), (2), (4A), (5) and (6), 8(8), 17(2A) to (2D), 29(1)(ba), 29A (other than subsection (2)(c)) and 37(2)); (b) the 2002 Rules (other than rules 2(2A), 3(4)(a) and 6(2)). (3) The modifications to the 1994 Act are— (a) in section 14(10), in both places where it occurs, “EU law” is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)); (b) section 43 is to be read as if, 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)”. (4) The modifications to the 2002 Rules mentioned in sub-paragraph (1) are— (a) rules 5(3), 6(1A) and 11(1) are to be read as if for each reference to “an exempt person” there were substituted “a Swiss chiropractor”; (b) rule 6(1A)(b)(ii) is to be read as if for “a relevant European State” there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive”; (c) rule 11 is to be read as if for paragraph (6) there were substituted— (6) In paragraphs (2) to (5), the “attesting State” in relation to A, is Switzerland. (5) In this paragraph— - “the 2002 Rules” means the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002[^f00118]; - “registration application” means an application for entry in the register maintained under the 1994 Act; - “Swiss chiropractor” means a qualifying applicant who had not, before IP completion day, made a registration application.

• (4) In paragraph 15—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 1994 Act specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

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

• (d) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting chiropractor. (2B) But a Swiss visiting chiropractor’s entitlement does not continue (or further continue) under section 5A of the 1994 Act on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting chiropractor” means a visiting chiropractor 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 the chiropractor profession, no less favourably than a national of the United Kingdom or Switzerland.

• (e) after sub-paragraph (3), insert—

(4) The modifications to the 1994 Act mentioned in sub-paragraph (1) are— (a) section 5A(1)[^f00119] is to be read as if for the words from “an exempt” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as a chiropractor in Switzerland (“State A”)”; (b) section 17(2D)[^f00120] is to be read as if for the words from “the relevant” to “chiropractor” there were substituted “Switzerland”.

• (f) in the table following sub-paragraph (3), for “section 31” substitute “section 43”.

• (5) In paragraph 16(1), for “exit day” substitute “IP completion day”.

• (6) In paragraph 17—

• (a) in sub-paragraph (a)(i), (ii) and (iii), and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 14A)”.

Amendments to Schedule 8 (health professionals)

16

• (1) Schedule 8 is amended as follows.

• (2) In the Schedule title, omit “and social work”.

• (3) In paragraph 1, omit “and Social Work”.

• (4) In the heading before paragraph 2, omit “and Social Work”.

• (5) In paragraph 15, omit “or social work”.

• (6) In paragraph 19(1), for “exit day” substitute “IP completion day”.

• (7) After paragraph 19, insert—

(19A) (1) Where a registration application is received from a Swiss health professional before the end of the Swiss recognition period, any provision made by or under the 2001 Order[^f00121] 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 2001 Order and the Registration Rules 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 (other than the articles and rule listed in the table following paragraph 20(3))— (a) the 2001 Order; (b) the Registration Rules; (c) the Health Professions Council (Registration Appeals) Rules 2003[^f00122]. (3) The modifications to the 2001 Order mentioned in sub-paragraph (1) are that the Order is to be read as if— (a) in article 8(5)[^f00123]— (i) for “another relevant European State” there were substituted “Switzerland”; (ii) for “are amended from time to time” there were substituted “had effect immediately before IP completion day”; (b) in article 12[^f00124]— (i) in paragraph (1)— (aa) in sub-paragraphs (b) and (c)(iii) for “an exempt person” there were substituted “a Swiss health professional”; (bb) sub-paragraph (ba) were omitted; (ii) in paragraph (1A)— (aa) in the words before sub-paragraph (a), for “an exempt person” there were substituted “a Swiss health professional”; (bb) in sub-paragraph (a)(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 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day”; (c) in article 38[^f00125]— (i) in paragraph (1A), sub-paragraphs (c) to (e) were omitted; (ii) in paragraph (3)— (aa) in sub-paragraph (b), the words from “or, in the case” to the end were omitted; (bb) in sub-paragraph (c), the words from “, or the failure” to “(1A)(e),” were omitted; (d) article 49 were omitted; (e) in Schedule 3[^f00126]— (i) 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)”; (ii) there were inserted, at the appropriate place— - “Swiss health professional” has the meaning given in paragraph 19A(5) of Schedule 8 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019; (4) The modifications to the Registration Rules mentioned in sub-paragraph (1) are— (a) rule 2 is to be read as if— (i) for the definition of “attesting State”, there were substituted— - “attesting State”, in relation to an application, is Switzerland; (ii) in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”; (b) rule 7 is to be read as if for “an exempt person” there were substituted “a Swiss health professional (within the meaning given in paragraph 19A(5) of Schedule 8 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”; (c) Schedule 1 to the Registration Rules is to be read as if after paragraph (d), there were inserted— (dza) where that person is not a national of the United Kingdom or of Switzerland, proof of the enforceable EU right by virtue of which the person is a Swiss health professional. (5) In this paragraph— - “registration application” means an application for admission to the register maintained under the 2001 Order; - “the Registration Rules” means the Health and Care Professions Council (Registration and Fees) Rules 2003[^f00127]; - “relevant professions” has the meaning given in Schedule 3 to the 2001 Order; - “Swiss health professional” means a qualifying applicant who had not, before IP completion day, made a registration application (other than an application under article 13A of the 2001 Order)[^f00128].

• (8) In paragraph 20—

• (a) in the heading—

• (i) omit “and social work”;

• (ii) for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b)—

• (aa) omit “and social work”;

• (bb) after “states” insert “(but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a member of one of the relevant professions for a period not exceeding 90 days in total in any calendar year.

• (d) in sub-paragraph (2), omit “or social work”;

• (e) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting health professional. (2B) But a Swiss visiting health professional’s entitlement does not continue (or further continue) under article 13A of the 2001 Order on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting health professional” means a visiting health 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 relevant profession, no less favourably than a national of the United Kingdom or Switzerland.

• (f) in sub-paragraph (3)—

• (i) in paragraph (b), omit “and social work”;

• (ii) in the table after paragraph (b), in the second column, in the entry for Schedule 3 to the 2001 Order, omit “or social work”;

• (g) after sub-paragraph (3), insert—

(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are— (a) article 13A is to be read as if for paragraph (1) there were substituted— (1) This article applies to a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established, in Switzerland (“State A”), as a member of one of the relevant professions (“the established profession”). (b) article 19(2D)[^f00129] is to be read as if for the words from “the relevant” to the end there were substituted “Switzerland”.

• (9) In paragraph 21—

• (a) in sub-paragraphs (1)(a) and (3), omit “for establishment”;

• (b) in sub-paragraphs (1), (3), (4)(a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”.

• (10) In paragraph 22—

• (a) in sub-paragraphs (1) and (3), in each place it occurs, omit “or social work”;

• (b) in sub-paragraphs (1) and (4), in each place it occurs, for “exit day” substitute “IP completion day”.

• (11) In paragraph 23—

• (a) in sub-paragraph (2)(b)(ii), omit “for establishment”;

• (b) in sub-paragraph (1) and (2)(b)(ii), in each place it occurs, for “exit day” substitute “IP completion day”.

• (12) In paragraph 24(1), for “exit day” substitute “IP completion day”.

• (13) In paragraph 25—

• (a) in sub-paragraphs (a)(i) to (iv) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (a)(iii), after ““General Systems Regulations”” insert “(other than in that definition as it is saved by paragraph 19A)”.

Amendments to Part 2 of Schedule 9 (social workers in Scotland)

17

• (1) Part 2 of Schedule 9 is amended as follows.

• (2) In paragraph 12—

• (a) in sub-paragraphs (1) and (2), in each place it occurs, for “exit day” substitute “IP completion day”;

• (b) in sub-paragraph (2), for “paragraph 13” substitute “paragraph 14 or, in the case of a relevant applicant, the modifications specified in paragraph 14A”;

• (c) after sub-paragraph (2), insert—

(2A) In this Part, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).

• (3) In paragraph 13—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraphs (1)(a) and (b), and (2), in each place it occurs, for “exit day” substitute “IP completion day”;

• (c) in sub-paragraph (2), for “paragraph 13” substitute “paragraph 14”;

• (d) after sub-paragraph (2), insert—

(2A) Where a person to whom this paragraph applies is a relevant applicant, that person may only provide services as a social worker for a period not exceeding 90 days in total in any calendar year.

• (4) In paragraph 14—

• (a) for “paragraphs 11(2) and 12(2)” substitute “paragraphs 12(2) and 13(2)”;

• (b) in sub-paragraph (b)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”.

• (5) After paragraph 14, insert—

(14A) The modifications of the 2001 Act[^f00130] in the case of a relevant applicant mentioned in paragraph 12(2) are as follows— (a) section 46A(1)[^f00131] is to have effect as if— (i) the reference to “an exempt person” were a reference to “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”, and (ii) the reference to “a relevant European State other than the United Kingdom” were a reference to “Switzerland”; (b) section 77[^f00132] is to have effect as if— (i) the definition of “exempt person” were omitted, (ii) at the end of the definition of “the General Systems Regulations” there were inserted— - — in relation to anything done before IP completion day, as they had effect at that time, otherwise, as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arose before IP completion day, or arises as a result of anything done before IP completion day;

• (6) In paragraph 15(1)(a), (b)(i) and (ii), (2) and (3), in each place it occurs, for “exit day” substitute “IP completion day”.

• (7) After paragraph 15, insert—

(16) (1) This paragraph applies where a registration application is received from a Swiss social worker before the end of the Swiss recognition period. (2) Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the application (including any appeal arising from it), after IP completion day, subject to the modifications specified in paragraph 17— (a) section 46B(a), (b) section 51(1)(b), and (c) in section 77, the definition of “the General Systems Regulations”. (3) For the purposes of this paragraph, a “Swiss social worker” is a qualifying applicant who had not, before IP completion day, made a registration application (other than an application under section 46A of the 2001 Act). (4) In this paragraph “registration application” means an application for registration in a part of the register maintained under Part 3 of the 2001 Act. (17) The modifications of the 2001 Act mentioned in paragraph 16 are as follows— (a) section 46B(a)[^f00133] is to have effect as if the reference to “an exempt person” were a reference to “a Swiss social worker within the meaning given in paragraph 16 of this Part of this Schedule”; (b) section 77 has effect as if, at the end of the definition of “the General Systems Regulations”, 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)”.

Amendments to Part 2 of Schedule 10 (social care workers in Northern Ireland)

18

• (1) Part 2 of Schedule 10 is amended as follows.

• (2) In paragraph 13, for “exit day” substitute “IP completion day”.

• (3) In paragraph 14—

• (a) in the heading, for “one year” substitute “five years”;

• (b) in sub-paragraph (1)—

• (i) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in the words following paragraph (b), after “states”, insert “(but subject, in the case of a relevant applicant, to the modifications to the 2001 Act[^f00134] specified in sub-paragraph (4))”;

• (c) after sub-paragraph (1), insert—

(1A) Where sub-paragraph (1) applies in relation to a visiting social worker who is a relevant applicant, that visiting social worker may only provide services as a social worker for a period not exceeding 90 days in total in any calendar year.

• (d) after sub-paragraph (3), insert—

(4) The modifications to the 2001 Act mentioned in sub-paragraph (1) are— (a) section 5A[^f00135] is to be read as if, in subsection (1), for the words from “an exempt person” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019 (“V”) who is lawfully established as a social worker in Switzerland”; (b) section 12[^f00136] is to be read as if, in subsection (2D), for the words from “the relevant” to the end there were substituted “Switzerland”. (5) Sub-paragraph (3) does not apply in the case of a Swiss visiting social care worker. (6) But a Swiss visiting social care worker’s entitlement does not continue (or further continue) under section 5A of the 2001 Act on or after the end of the visiting practitioner transitional period. (7) In this paragraph, “Swiss visiting social care worker” means a visiting social care worker 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 the profession of social care work, no less favourably than a national of the United Kingdom or Switzerland.

• (4) In paragraph 15(1), for “exit day” substitute “IP completion day”.

• (5) In paragraph 16—

• (a) in the words before sub-paragraph (a), for “this Part” substitute “paragraph 13, 14 or 15”;

• (b) in sub-paragraph (a)(i), (ii) and (iii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (c) in sub-paragraph (a)(ii)(aa), for “chiropractic” substitute “social work”.

• (6) After paragraph 16, insert—

(17) (1) Where a registration application is received from a Swiss social care worker before the end of the Swiss recognition period, any provision made by or under the 2001 Act 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 provisions mentioned in sub-paragraph (3) (but subject to the modifications specified in sub-paragraph (4)). (2) For the purposes of this paragraph, a “Swiss social care worker” is a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration in the visiting European part of the register). (3) The provisions of the 2001 Act[^f00137] mentioned in sub-paragraph (1) are— (a) section 2(5); (b) section 3 other than subsections (1)(c) and (2A)(c); (c) section 11. (4) The modifications to the 2001 Act mentioned in sub-paragraph (1) are— (a) section 2(5) is to be read as if 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 of regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”; (b) section 11(A1) is to be read as if for the reference to an exempt person there were substituted a reference to a Swiss social care worker within the meaning given in paragraph 17 of this Part of this Schedule.

Amendments to Schedule 11 (social workers in England)

19

In Schedule 11—

• (a) for paragraph 4 substitute—

(4) In paragraph (8) of regulation 8 (the registrar and the register), for “a relevant European State other than the United Kingdom” substitute “Iceland, Lichtenstein, Norway or Switzerland”.

• (b) for paragraph 11 substitute—

(11) The 2018 Regulations and any rules made under the 2018 Regulations continue to apply without the amendments made by Part 1 of this Schedule in relation to the following applications made before IP completion day (including any appeal arising from them)— (a) an application made under regulations 10(1), 13(1) or 15(1) of the 2018 Regulations (applications for registration, renewal or restoration); (b) an application made under regulations 9(1), 10(4) or 33(1) of the Health Professions Order 2001[^f00138] (applications for registration, renewal, readmission or restoration) and treated as an application under the 2018 Regulations by virtue of Part 2 of the Children and Social Work Act 2017 (Transitional and Savings Provisions) (Social Workers) Regulations 2019[^f00139].

• (c) in paragraph 12—

• (i) in the heading, for “one year” substitute “five years”;

• (ii) in sub-paragraph (1)—

• (aa) in paragraphs (a) and (b), in each place it occurs, for “exit day” substitute “IP completion day”;

• (bb) after “European states” insert “(but subject, in the case of a relevant applicant, to the modification to the 2018 Regulations specified in sub-paragraph (1A))”;

• (iii) after sub-paragraph (1), insert—

(1A) The modification to the 2018 Regulations mentioned in sub-paragraph (1) is that regulation 18 is to be read as if for paragraph (1) there were substituted— (1) This regulation applies to a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“EP”) who is lawfully established, in Switzerland (“State A”), as a social worker. (1B) A relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a social worker in England for a period not exceeding 90 days in total in any calendar year.

• (iv) after sub-paragraph (2), insert—

(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting social worker. (2B) But a Swiss visiting social worker’s entitlement does not continue (or further continue) under regulation 18 of the 2018 Regulations on or after the end of the visiting practitioner transitional period. (2C) In this paragraph, “Swiss visiting social worker” means a visiting social worker 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 the profession of social work, no less favourably than a national of the United Kingdom or Switzerland.

• (d) after paragraph 12 insert—

(12A) (1) Where a qualifying application is received before the end of the Swiss recognition period, the provisions of the 2018 Regulations continue to apply in relation to that application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the provisions of those Regulations mentioned in sub-paragraph (3). (2) In this paragraph “qualifying application” means an application from a qualifying applicant to be registered as a social worker in accordance with the 2018 Regulations. (3) The provisions of the 2018 Regulations are— (a) regulation 2; (b) regulation 8(8); (c) regulation 11(4), (5) and (8); (d) regulation 19(1)(e) and (i); (e) paragraphs 1(b) and 2 of Schedule 1.

• (e) in paragraph 13—

• (i) in sub-paragraphs (a)(i), (ii) and (iii) and (c)(i) and (ii), in each place it occurs, for “exit day” substitute “IP completion day”;

• (ii) in sub-paragraph (c), for “Union” in the first place it occurs substitute “Communities”.

PART 3 — Amendments to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019

Amendments to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019

20

• (1) The European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019[^f00140] are amended as follows.

• (2) After regulation 1 insert—

(1A) In these Regulations— - “the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007; - “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015, 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 of regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019); - “the Council” means the Council of the Pharmaceutical Society of Northern Ireland; - “relevant applicant” means an individual— who provides services in a regulated profession in the United Kingdom on a temporary and occasional basis on the basis of an existing contract, who began providing, or begins to provide, the services mentioned in paragraph (a), either— before IP completion day, in an employed or self-employed capacity, or on or after IP completion day, as an employee posted for the purpose of carrying on professional activities in the United Kingdom by their employer who is established in the United Kingdom or Switzerland, who is a national of the United Kingdom or Switzerland, or a third country national, who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either the United Kingdom or Switzerland for the purposes of access to and pursuit of a regulated profession, who is legally established in Switzerland for the purpose of pursuing the same profession there, and who, if neither the regulated profession the individual wishes to access and pursue in the United Kingdom nor the education and training leading to it is regulated in Switzerland, has pursued that profession in Switzerland for at least two years during the ten years preceding the provision of services; - “same profession” means the profession for which the applicant is qualified in the applicant’s home State if the activities covered are comparable; - “third country” has the same meaning as in regulation 2(1) of the 2007 Regulations.

• (3) After regulation 2 insert—

(2A) (1) Where an individual has, before IP completion day, made an application falling under Article 26 of the EEA EFTA citizens’ rights agreement to a competent authority in Iceland, Norway or Liechtenstein for recognition of a professional qualification awarded or recognised by a competent authority in Northern Ireland, the Council must— (a) co-operate with the competent authority or assistance centre in Iceland, Norway or Liechtenstein, or with the individual (as the case may be), in accordance with— (i) Schedule 2D to the Pharmacy (Northern Ireland) Order 1976[^f00141], as it had effect immediately before IP completion day; (ii) regulation 5(2) to (5) of the 2015 Regulations; (b) provide information to the competent authority in Iceland, Liechtenstein or Norway regarding disciplinary action or criminal sanctions taken, or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual. (2) The Council must process information for the purposes of paragraph (1) in accordance with data protection legislation within the meaning of section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018. (3) In this regulation, “EEA EFTA citizens’ rights agreement” means the Agreement signed at London on 2 April 2019 between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland on arrangements regarding citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement. (2B) (1) In dealing with a relevant applicant who provides services in the United Kingdom pursuant to paragraph 30 of the Schedule in relation to any matter, the Council must treat that person no less favourably than it would treat a native applicant (within the meaning given in regulation 2 of the 2007 Regulations) providing services in Northern Ireland in relation to that matter. (2) Where an individual is providing services as a pharmacist on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the Council must co-operate with and provide the competent authority in Switzerland with any information relevant to the legality of the individual’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature, in accordance with paragraph 3 of Schedule 3 to the Pharmacy (Northern Ireland) Order 1976, as it applied immediately before IP completion day, or regulation 5(2), (3) and (4) of the 2007 Regulations (as the case may be). (3) Where an individual has made or makes an application falling within Article 31(1) or 32(1) or (5) of the Swiss citizens’ rights agreement to a competent authority in Switzerland for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom, the Council must— (a) co-operate with the Swiss competent authority or contact point in Switzerland, or the individual (as the case may be), in accordance with Schedule 2D to the Pharmacy (Northern Ireland) Order 1976, as it applied immediately before IP completion day, or regulation 5(2), (5) and (6) of the 2007 Regulations (as the case may be), and (b) provide information to the competent authority in Switzerland regarding disciplinary action or criminal sanctions taken, or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual. (4) The Council must process information for the purposes of paragraphs (2) and (3) in accordance with data protection legislation within the meaning given in section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018. (5) In this paragraph, “competent authority”, in relation to Switzerland, has the meaning given in regulation 2(1) of the 2015 Regulations, as it had effect immediately before IP completion day.

• (4) In regulation 3(1)(a), for “exit day” substitute “IP completion day”.

• (5) In Part 1 of the Schedule, in paragraph 8, for “exit day” substitute “IP completion day”.

• (6) In Part 2 of the Schedule, in paragraph 25, after “of” insert “the”.

• (7) In Part 3 of the Schedule—

• (a) in paragraph 29, for “exit day” substitute “IP completion day”;

• (b) after paragraph 29, insert—

(29A) (1) Where an application for registration in the register mentioned in Article 6(1)(a) of the 1976 Order is received from a Swiss pharmacist before the end of the period of four years beginning with the day immediately after IP completion day, any provision made by or under the 1976 Order[^f00142] (except for the provision contained in Schedule 2C to the Order) continues to apply in relation to the application without the amendments Parts 1 and 2 of this Schedule make to the provisions mentioned in sub-paragraph (3) (but subject to the modifications to the 1976 Order and the Registration Regulations specified in sub-paragraphs (4) and (5)). (2) For the purposes of this paragraph, “Swiss pharmacist” means a qualifying applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) who had not, before IP completion day, made an application in the register mentioned in Article 6(1)(a) of the 1976 Order. (3) The provisions mentioned in sub-paragraph (1) are— (a) in the 1976 Order[^f00143]— (i) in Article 2(2), the definitions of “competent authorities”, “the Directive”, “General Systems Regulations”, and “relevant European State”, (ii) Article 8, (iii) Article 8A, (iv) Article 8AA, (v) Article 8C, (vi) Article 11, (vii) Article 11ZA, (viii) Article 14(2A), (ix) Schedule 2A; (b) Article 63AA(3)(c) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00144]; (c) the European Qualifications (Pharmacy) Regulations (Northern Ireland) 2008[^f00145]; (d) the Registration Regulations 2008. (4) The modifications to the 1976 Order mentioned in sub-paragraph (1) are— (a) Article 2(2) is to have effect as if at the end of the definition of “General Systems Regulations” 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)”; (b) Article 8(2)(c) is to have effect as if, in the words before paragraph (i), the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule; (c) Article 8AA(7) is to have effect as if the reference to an exempt person were a reference to a Swiss pharmacist within the meaning given in this paragraph of this Schedule; (5) The modifications to the Registration Regulations mentioned in sub-paragraph (1) are that regulation 2 is to have effect as if— (a) in paragraph (1) for “an exempt person” there were substituted “a Swiss pharmacist (within the meaning given in paragraph 29A of the Schedule to the European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2019)”; (b) for paragraph (2), there were substituted— (2) Proof that E is a national of the United Kingdom or Switzerland or (where E is not a national of the United Kingdom or Switzerland) proof of the enforceable EU right by virtue of which E is a Swiss pharmacist. (c) any reference in paragraphs (3) to (6) to “E’s attesting State” were a reference to Switzerland. (6) In this paragraph, “the Registration Regulations” means the Registration of Pharmaceutical Chemists (Exempt Persons) Regulations (Northern Ireland) 2008[^f00146].

• (c) in paragraph 30—

• (i) in the heading, for “one year” substitute “five years”;

• (ii) in sub-paragraph (1), in the words following paragraph (b), after “States” insert “(but subject, in the case of a Swiss visiting practitioner, to the modifications to the 1976 Order specified in sub-paragraph (4))”;