{
  "url": "https://openlegislation.uk/european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2019/schedule-4/paragraph-27A",
  "json_url": "https://openlegislation.uk/european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2019/schedule-4/paragraph-27A.json",
  "legislation": "uksi/2019/593",
  "legislation_title": "The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/european-qualifications-health-and-social-care-professions-amendment-etc-eu-exit-regulations-2019",
  "path": "schedule/4/paragraph/27A",
  "kind": "paragraph",
  "number": "27A",
  "heading": "Swiss nurses and midwives qualifying outside the United Kingdom: saving of old law",
  "text": "(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 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)).\n(2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments—\n(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);\n(b) the Nursing and Midwifery Council (Fees) Rules 2004;\n(c) the European Nursing and Midwifery Qualifications Designation Order of Council 2004;\n(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)).\n(3) The modifications to the 2001 Order mentioned in sub-paragraph (1) are that the Order is to be read as if—\n(a) in article 5A(7) for “an exempt person” there were substituted “a qualifying Swiss applicant”;\n(b) in article 9(3A) for “an exempt person” there were substituted “a qualifying Swiss applicant”;\n(c) in article 13—\n(i) for each reference to “an exempt person” there were substituted “a qualifying Swiss applicant”;\n(ii) in paragraph (1)—\n(aa) in sub-paragraph (c), in the words before paragraph (i), “subject to paragraph (1A)” were omitted;\n(bb) sub-paragraphs (d) and (dd) were omitted;\n(iii) paragraph (1A) were omitted;\n(iv) in paragraph (1B), for sub-paragraph (a), there were substituted—\n“(a) if the person holds a nursing or midwifery qualification which—\n(i) was granted otherwise than in a relevant European State or the United Kingdom; but\n(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,\nthe acceptance of that qualification; and”;\n(d) in article 37—\n(i) in paragraph (1), sub-paragraphs (f) to (h) were omitted;\n(ii) in paragraph (9)—\n(aa) in sub-paragraph (b), the words from “or, in” to the end were omitted;\n(bb) sub-paragraph (ca) (including the final “or”) were omitted;\n(e) article 39B were omitted;\n(f) Schedule 2B were omitted;\n(g) in Schedule 4—\n(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)”;\n(ii) there were inserted, at the appropriate place—\n““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;”.\n(4) The modifications to the 2004 Registration Rules mentioned in sub-paragraph (1) are that those Rules are to be read as if—\n(a) rule 3 were omitted;\n(b) in rule 5(2)(a)(ii), “a valid European professional card as a nurse or” were omitted;\n(c) in rule 6, for paragraph (1F) there were substituted—\n“(1F) In paragraphs (1B) to (1E) the “attesting State”, in relation to A, is Switzerland.”;\n(d) in Schedule 3 to the Rules—\n(i) in paragraph (ba), for “a relevant European State”, there were substituted “the United Kingdom or Switzerland”;\n(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”.\n(5) In this paragraph—\n“the 2004 Registration Rules” means the Nursing and Midwifery (Education, Registration and Registration Appeals) Rules 2004;\n“qualifying Swiss applicant” means—\n(a)a Swiss applicant (“A”)—\n(i)who holds a relevant qualification in nursing or midwifery,\n(ii)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\n(iii)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\n(b)a qualifying applicant who—\n(i)holds a relevant qualification as a nursing associate, and\n(ii)had not, before IP completion day, applied to be registered in the Nursing Associates’ Part of the register;\n“the register” has the meaning given in Schedule 4 to the 2001 Order;\n“registration application” means an application for registration—\n(a)in Sub-Part 1 of the Nurses’ Part of the register,\n(b)in the Midwives’ Part of the register, or\n(c)in the Nursing Associates’ Part of the register;\n“relevant qualification” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 4 para. 27A 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), 12(4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4 para. 27A 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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/593/schedule/4/paragraph/27A",
    "retrieved_at": "2026-10-28T22:44:17.274980+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}