# The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2018, Paragraph 28: Interpretation of saved provisions


Where a provision continues to apply by virtue of this Part, it is to be read as if—
(a) in section 36(1) of the 1989 Act—
(i) there were inserted at the appropriate place—
““enforceable EU right” means a right recognised and available in domestic law, immediately before exit day, by virtue of section 2(1) of the European Communities Act 1972;”;
(ii) in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—
“(a) a person who, immediately before exit day, was a national of a relevant European State,
(b) a person who, immediately before exit 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 exit 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;”;
(iii) in the definition of “General Systems Regulations”, at the end there were inserted—
“—
(a) in relation to anything done before exit day, as they had effect at that time;
(b) otherwise, as (and only to the extent that) they have effect, on or after exit day, in relation to an entitlement which arose before exit day or arises as a result of something done before exit day;”;
(b) in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.

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Source: https://www.legislation.gov.uk/ukdsi/2018/9780111177686/schedule/5/paragraph/28 (the official version)
Page: https://openlegislation.uk/draft-european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2018/schedule-5/paragraph-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.