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Paragraph 15A Swiss osteopaths qualifying outside the United Kingdom: saving of old lawF1I1

(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 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;

  • “the Recognition Rules” means the General Osteopathic Council (Recognition of Qualifications) Rules 2000;

  • “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.

Annotations

Textual amendments

F1

Sch. 6 para. 15A 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), 14(3)

Commencement

I1

Sch. 6 para. 15A 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)