# The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019, Paragraph 49: Temporary and occasional provision of services – additional rights under the Swiss citizens’ rights agreement


(1) This paragraph applies in relation to a relevant applicant.
(2) In this paragraph, a “relevant applicant” means an individual—
(a) who provides services in a regulated profession in the United Kingdom on a temporary and occasional basis on the basis of a written contract which was concluded, and the performance of which started, before IP completion day;
(b) who began providing the services described in paragraph (a) either—
(i) before IP completion day, in an employed or self-employed capacity; or
(ii) on or after IP completion day, as an employee posted for the purpose of carrying on professional activities in the United Kingdom by their employer who is established in the United Kingdom or Switzerland;
(c) who is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either state, for the purposes of access to and pursuit of a regulated profession;
(d) who is legally established in Switzerland for the purpose of pursuing the same profession there; and
(e) who, if neither the regulated profession the individual wishes to access and pursue in the United Kingdom nor the education and training leading to it is regulated in Switzerland, has pursued that profession in Switzerland for at least two years during the ten years preceding the provision of services in the United Kingdom,
and “third country” and “same profession” have the meanings in regulation 2(1) of the 2007 Regulations as they had effect immediately before IP completion day.
(3) The provisions of the 2007 Regulations relating to the provision of services on a temporary and occasional basis continue to apply on and after IP completion day in relation to a relevant applicant, as they had effect immediately before IP completion day but subject to the modifications specified in sub-paragraph (4), until—
(a) the end of the period of five years beginning with IP completion day; or
(b) where the period referred to in paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, the end of that period as extended.
(4) The modifications to the 2007 Regulations referred to in sub-paragraph (3) are as follows—
(a) the United Kingdom is to be treated as falling within the definition of “relevant European State” in regulation 2(1);
(b) regulation 5 is to be read as if—
(i) for “other relevant European States” in paragraphs (2)(a) and (b) and (3), and “another relevant European State which regulates that profession” in paragraph (5), there were substituted “Switzerland”;
(ii) for paragraph (7), there were substituted—
“(7) A competent authority must provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.”;
(c) in regulation 6(3), the definition of “applicant” is to be read as meaning a relevant applicant as defined in sub-paragraph (2) of this paragraph;
(d) regulation 10(1) is to be read as if for “another relevant European State” there were substituted “Switzerland”;
(e) regulation 11(1) is to be read as if for “another relevant European State” there were substituted “Switzerland”;
(f) regulation 12 is to be read as if—
(i) in paragraph (1), after sub-paragraph (a) the “or” were omitted and there were inserted—
“(aa) for the first renewal of the declaration following IP completion day, or”;
(ii) in paragraph (2)—
(aa) in sub-paragraph (a), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;
(bb) in sub-paragraph (b), for “another relevant European State” there were substituted “Switzerland”;
(cc) after sub-paragraph (e), there were inserted—
“(f) evidence of the written contract which was concluded, and the performance of which started, before IP completion day.”;
(g) regulation 17(1) is to be read as if—
(i) after sub-paragraph (a), the “or” were omitted;
(ii) after sub-paragraph (b) there were inserted—
“(c) the applicant ceases for any reason other than one falling within sub-paragraph (b) to be established for the purposes of pursuing that profession in Switzerland; or
(d) the applicant ceases to provide services pursuant to a written contract which was concluded, and the performance of which started, before IP completion day.”;
(h) regulation 18(1) is to be read as if—
(i) in sub-paragraph (a), for “the home State” there were substituted “Switzerland”;
(ii) in sub-paragraph (b), for “other relevant European States” there were substituted “Switzerland”;
(i) regulation 19 is to be read as if—
(i) for “the home State”, in both places it occurs, there were substituted “Switzerland”;
(ii) in paragraph (e), for the words from “the VAT identification” to the end there were substituted “the country in which the applicant is VAT registered and the applicant’s VAT identification number”.

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Source: https://www.legislation.gov.uk/uksi/2019/312/schedule/1/paragraph/49 (the official version)
Page: https://openlegislation.uk/recognition-of-professional-qualifications-amendment-etc-eu-exit-regulations-2019/schedule-1/paragraph-49
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.