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Paragraph 50 Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the 2007 Regulations - transitional and saving provisionF1I1

(1)

This paragraph applies where—

(a)

before IP completion day, an applicant has made an application to a competent authority under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the 2007 Regulations; and

(b)

the application has not been finally determined before IP completion day.

(2)

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

(a)

the competent authority has notified or is deemed to have notified the applicant of its decision; and

(b)

either—

(i)

the period for appeal against that decision under the 2007 Regulations has expired without an appeal being made; or

(ii)

an appeal made under regulation 36(1) of the 2007 Regulations against a decision taken or deemed to have been taken under regulation 34 has been determined.

(3)

The provisions of the 2007 Regulations continue to apply on and after IP completion day as they had effect immediately before IP completion day, but subject to the modifications specified in sub-paragraph (4), in relation to—

(a)

the application concerned; and

(b)

any appeal under regulation 36 of the 2007 Regulations against a decision taken or deemed to have been taken under regulation 34 in relation to that application.

(4)

The modifications to the 2007 Regulations 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 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.”.

(5)

In this paragraph, “applicant” has the meaning in regulation 6(3) of the 2007 Regulations, as those Regulations had effect immediately before IP completion day.

Annotations

Textual amendments

F1

Sch. 1 Pt. 3 substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), reg. 1(3), Sch. 1 para. 3

Commencement

I1

Sch. 1 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)