Paragraph 40 Interpretation of saved provisionsI1

United Kingdom

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 F1IP 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 IP completion day;”;

(ii)

there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before IP 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 IP completion day, was a national of a relevant European State,
(b)
a person who, immediately before IP 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 IP 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 IP completion day, was a national of a relevant European State,
(b)
a person who, immediately before IP 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 IP 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”) F2(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 IP completion day, as they had effect at that time;
(b)
otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;”;

(v)

in the definition of “national”, for “is not” there were substituted “ was not, immediately before IP 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.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 40(a)(i)-(v) substituted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 11(10)(a)
F2: Words in Sch. 3 para. 40(a)(iv) inserted (31.12.2020 immediately before IP completion day) by The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 11(10)(b)

Commencement

I1: Sch. 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)