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The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018

S.I. 2018/1329 · Made 10 December 2018 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Provision Of Services

Sift requirements satisfied 27th November 2018

Made 10th December 2018

Laid before Parliament 12th December 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. Part 2: Amendment of the Provision of Services Regulations 2009
  4. 2Amendment of the Provision of Services Regulations 2009
  5. 3Amendment of regulation 3 (“Competent authority”)
  6. 4Amendment of regulation 4 (interpretation: general)
  7. 5Amendment of regulation 5 (general exclusions and savings)
  8. 6Amendment of regulation 6 (relationship with other requirements)
  9. 7Amendment of regulation 8 (other information to be made available)
  10. 8Amendment of regulation 9 (information to be supplied on request etc)
  11. 9Amendment of regulation 13 (application of this Part)
  12. 10Amendment of regulation 14 (authorisation schemes)
  13. 11Amendment of regulation 15 (conditions for the granting of authorisation)
  14. 12Amendment of regulation 17 (selection from among several candidates)
  15. 13Amendment of regulation 21 (prohibited requirements)
  16. 14Amendment of regulation 22 (requirements subject to evaluation)
  17. 15Revocation of Part 4 (duties of competent authorities in relation to providers of services provided from another EEA state)
  18. 16Revocation of Part 5 (recipients of services)
  19. 17Amendment of regulation 31 (certificates and other documents)
  20. 18Revocation of regulation 33 (insurance)
  21. 19Amendment of regulation 34 (commercial communications by regulated professions)
  22. 20Revocation of Part 9 (administrative co-operation between EEA states)
  23. 21Revocation of regulation 46 (disclosure of information under Employment Agencies Act 1973)
  24. Part 3: Regulation of Insolvency Practitioners
  25. 22Revocation of the Provision of Services (Insolvency Practitioners) Regulations 2009
  26. 23Amendment of the Insolvency Practitioner Regulations 2005
  27. 24Revocation of the Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009
  28. 25Amendment of the Insolvency Practitioner Regulations (Northern Ireland) 2006
  29. 26Regulation 26
  30. Part 4: Amendment of the Employment Agencies Act 1973
  31. 27Amendment of the Employment Agencies Act 1973
  32. Part 5: Amendment of retained direct EU legislation
  33. 28Revocation of Commission Decision 2009/739/EC
  34. Signature
  35. Explanatory note

1Citation, commencement and extentI1

(1)

These Regulations may be cited as the Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 and come into force on exit day.

(2)

Any amendment or revocation made by these Regulations has the same extent as the provision to which the amendment or revocation relates.

2Amendment of the Provision of Services Regulations 2009I1

The Provision of Services Regulations 2009 M1 are amended in accordance with this Part.

3Amendment of regulation 3 (“Competent authority”)I1

In regulation 3(3), for “Parts 3 to 6” substitute “ Parts 3 and 6 ”.

4Amendment of regulation 4 (interpretation: general)I1

In regulation 4, omit the definition of “the Services Directive”.

5Amendment of regulation 5 (general exclusions and savings)I1

(1)

In regulation 5(1)—

(a)

in sub-paragraph (b), for “EU rules” substitute “ retained EU law ”M1 ;

(b)

in sub-paragraph (c)—

(i)

omit “in accordance with EU law”;

(ii)

after “State aid rules” insert “ in retained EU law ”.

(2)

In regulation 5(3)—

(a)

in sub-paragraph (a), for “an EEA state or who otherwise benefits from rights conferred by EU acts” substitute “ the United Kingdom ”;

(b)

for sub-paragraph (b) substitute—

“(b)

a business undertaking established in the United Kingdom.”.

(3)

For regulation 5(4) substitute—

“(4)

Nothing in Parts 3 and 6 to 8 applies in relation to a provider of a service who is not—

(a)

established in the United Kingdom, and

(b)

either—

(i)

an individual who is a national of the United Kingdom, or

(ii)

a business undertaking.”.

(4)

In regulation 5, after paragraph (4) insert—

“(5)

In paragraphs (3)(b) and (4)(b)(ii), “business undertaking” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association, engaged in activities for the purpose of trading for profit, incorporated or formed under the law of any part of the United Kingdom.”.

6Amendment of regulation 6 (relationship with other requirements)I1

(1)

In regulation 6(1), omit “, 5”.

(2)

In regulation 6(2)—

(a)

in sub-paragraph (a), after “enactment” insert “ other than retained direct EU legislation ”M1 ;

(b)

for sub-paragraph (a)(ii) substitute—

“(ii)

immediately before F1IP completion day, the provision implemented an EU obligation, and”;

(c)

in sub-paragraph (b), for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;

(d)

for sub-paragraph (b)(ii) substitute—

“(ii)

immediately before F2IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.”.

(3)

In regulation 6(3), omit “or 4”.

(4)

In regulation 6(4)—

(a)

in sub-paragraph (a), after “enactment” insert “ other than retained direct EU legislation ”;

(b)

in sub-paragraph (b), for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;

(c)

for sub-paragraph (b)(ii) substitute—

“(ii)

immediately before F3IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.”.

7Amendment of regulation 8 (other information to be made available)I1

In regulation 8(1)—

(a)

omit sub-paragraph (f);

(b)

in sub-paragraph (g), after “assessment” insert “ or the registration number as defined in regulation 2(1) of the Value Added Tax Regulations 1995 ”M1 ;

(c)

in sub-paragraph (h), for “the professional title and the EEA state in which that title has been granted” substitute “ and the professional title ”.

8Amendment of regulation 9 (information to be supplied on request etc)I1

In regulation 9(1)(b), omit “in the EEA state in which the provider is established”.

9Amendment of regulation 13 (application of this Part)I1

In regulation 13—

(a)

in paragraph (1), omit “except as specified in paragraph (2)”;

(b)

omit paragraph (2).

10Amendment of regulation 14 (authorisation schemes)I1

(1)

Omit regulation 14(2)(a).

(2)

In regulation 14(3)—

(a)

in sub-paragraph (a), for “implementing an EU obligation” substitute “ other than retained direct EU legislation which, immediately before F1IP completion day, implemented an EU obligation ”;

(b)

for sub-paragraph (b) substitute—

“(b)

a provision of retained direct EU legislation which, immediately before IP completion day, was contained in an EU instrument that came into force before these Regulations were made.”.

11Amendment of regulation 15 (conditions for the granting of authorisation)I1

(1)

Omit regulation 15(2)(a).

(2)

In regulation 15(3)(a), omit “or in another EEA state”.

12Amendment of regulation 17 (selection from among several candidates)I1

In regulation 17(4), for “EU law” substitute “ retained EU law ”.

13Amendment of regulation 21 (prohibited requirements)I1

(1)

In regulation 21(1), omit sub-paragraphs (a) – (d) and (g).

(2)

Omit regulation 21(4).

14Amendment of regulation 22 (requirements subject to evaluation)I1

(1)

In regulation 22(2)(d)—

(a)

in paragraph (i), after “covered by” insert “ retained EU law which, immediately before F1IP completion day, implemented an obligation under ”;

(b)

in paragraph (ii), for “EU instruments” substitute “ retained EU law ”.

(2)

Omit regulation 22(3)(a).

(3)

In regulation 22(5), omit “, in accordance with EU law,”.

15Revocation of Part 4 (duties of competent authorities in relation to providers of services provided from another EEA state)I1

Omit Part 4.

16Revocation of Part 5 (recipients of services)I1

Omit Part 5.

17Amendment of regulation 31 (certificates and other documents)I1

(1)

In regulation 31(3)(a), for “another EU instrument” substitute “ other retained EU law ”.

(2)

Omit regulation 31(5)(a) – (e).

(3)

For regulation 31(5)(h) substitute—

“(h)

regulations 61(1), 61(4) and (5) and 63 of the Public Contracts (Scotland) Regulations 2015;”.

(4)

For regulation 31(5)(k) substitute—

“(k)

regulations 38, 39 and 40 of the European Union (Recognition of Professional Qualifications) Regulations 2015.”.

18Revocation of regulation 33 (insurance)I1

Omit regulation 33.

19Amendment of regulation 34 (commercial communications by regulated professions)I1

Omit regulation 34(3)(a).

20Revocation of Part 9 (administrative co-operation between EEA states)I1

Omit Part 9.

21Revocation of regulation 46 (disclosure of information under Employment Agencies Act 1973)I1

Omit regulation 46.

22Revocation of the Provision of Services (Insolvency Practitioners) Regulations 2009I1

The Provision of Services (Insolvency Practitioners) Regulations 2009 M1 are revoked with the exception of regulation 4 and the amendments made by paragraph 2 and sub-paragraphs (1) to (4) and (7) of paragraph 8 of the Schedule.

23Amendment of the Insolvency Practitioner Regulations 2005I1

(1)

Schedule 2 of the Insolvency Practitioner Regulations 2005 M1 is amended as follows.

(2)

In the heading of paragraph 2A, omit “or professional liability insurance”.

(3)

In paragraph 2A, omit sub-paragraph (b) and the “or” preceding it.

(4)

Omit paragraphs 8A to 8E.

(5)

In paragraph 9, omit sub-paragraphs (3) and (4).

(6)

In paragraph 10—

(a)

in sub-paragraph (1), for “The documents in sub-paragraph (2)” substitute “ The bond referred to in paragraph 3 ”;

(b)

omit sub-paragraph (2);

(c)

in sub-paragraph (3) for “The document in sub-paragraph (2)” substitute “ The bond referred to in paragraph 3 ”.

(7)

In paragraph 11 omit sub-paragraphs (4) and (5).

24Revocation of the Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009I1

The Provision of Services (Insolvency Practitioners) Regulations (Northern Ireland) 2009 M1 are revoked with the exception of regulation 3 and the amendments made by sub-paragraphs (1) to (4) and (7) of paragraph 8 of the Schedule.

25Amendment of the Insolvency Practitioner Regulations (Northern Ireland) 2006I1

(1)

Schedule 2 of the Insolvency Practitioner Regulations (Northern Ireland) 2006 M1 is amended as follows.

(2)

In the heading of paragraph 2A, omit “or professional liability insurance”.

(3)

In paragraph 2A, omit sub-paragraph (b) and the “or” preceding it.

(4)

Omit paragraphs 8A to 8E.

(5)

In paragraph 9, omit sub-paragraphs (3) and (4).

(6)

In paragraph 10—

(a)

in sub-paragraph (1), for “The documents in sub-paragraph (2)” substitute “ The bond referred to in paragraph 3 ”;

(b)

omit sub-paragraph (2);

(c)

in sub-paragraph (3) for “The document in sub-paragraph (2)” substitute “ The bond referred to in paragraph 3 ”.

26I1

In paragraph 11 omit sub-paragraphs (5) and (6).

27Amendment of the Employment Agencies Act 1973I1

(1)

The Employment Agencies Act 1973 M1 is amended as follows.

(2)

In section 9(4) (information obtained during inspection), omit paragraph (a)(vi).

28Revocation of Commission Decision 2009/739/ECI1

Commission Decision 2009/739/EC of 2 October 2009 setting out the practical arrangements for the exchange of information means between Member States under Chapter VI of Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market is revoked.

Signature

Signed by authority of the Secretary of State for Business, Energy and Industrial Strategy

Richard Harrington

Parliamentary Under Secretary of State, Minister for Business and Industry

Department for Business, Energy and Industrial Strategy

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in sections 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), 8(2)(c) and 8(3)(a)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of the provision of services. Parts 2 and 3 amend subordinate legislation, Part 4 amends the Employment Agencies Act 1973 (c. 35) and Part 5 revokes other legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.