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Paragraph 19A Swiss health professionals qualifying outside the United Kingdom: saving of old lawF1I1

(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 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.

(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)—

(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—

(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—

(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—

(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;

  • “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).

Annotations

Textual amendments

F1

Sch. 8 para. 19A 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), 16(7)

Commencement

I1

Sch. 8 para. 19A 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)

Notes on Schedule 8

Textual amendments

F1

Words in Sch. 8 title omitted (31.12.2020 immediately before IP completion day) by virtue of The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 16(2)