Paragraph 12 Pending applicationsI1

United Kingdom

(1)

This paragraph applies where a relevant application is made, but not finally determined, before F1IP completion day.

(2)

Despite their repeal by Part 1 of this Schedule, the following provisions of the 2001 Act continue to apply in relation to the application (including any appeal arising from it), on and after F2IP completion day, subject to the modifications specified in F3paragraph 14 or, in the case of a relevant applicant, the modifications specified in paragraph 14A—

(a)

section 46B(a);

(b)

section 51(1)(b); and

(c)

in section 77, the definitions of “EEA State”, “exempt person”, “the General Systems Regulations” and “relevant European State”.

F4(2A)

In this Part, “relevant applicant” has the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019).

(3)

For the purposes of sub-paragraph (1), “relevant application” means an application for—

(a)

registration in a part of the register maintained under Part 3 of the 2001 Act; or

(b)

renewal of registration in that register.

(4)

For the purposes of sub-paragraph (1), an application is finally determined when—

(a)

it is withdrawn;

(b)

notice is given that it has been granted; or

(c)

notice is given that it has been granted subject to conditions, or refused, and either—

(i)

the time limit for appeal against the decision has expired without an appeal being made; or

(ii)

an appeal made against the decision under section 51 of the 2001 Act has been finally determined or abandoned.

Annotations

Textual amendments

F1: Words in Sch. 9 para. 12(1) 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), 17(2)(a)
F2: Words in Sch. 9 para. 12(2) 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), 17(2)(a)
F3: Words in Sch. 9 para. 12(2) 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), 17(2)(b)
F4: Sch. 9 para. 12(2A) 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), 17(2)(c)

Commencement

I1: Sch. 9 para. 12 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)