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Regulation 5A Applications under the Act: Swiss citizens’ rights agreement entitled personsF1I1

(1)

In this regulation, “qualifying applicant” has the meaning given by paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement).

(2)

In relation to a qualifying applicant, the Act has effect as if the amendments made by regulation 2 did not apply, and as if—

(a)

in section 2(2)(a), for “, 5A or 5B” there were substituted “or 5A”;

(b)

for the heading to section 5A there were substituted “Registration of Swiss citizens’ rights agreement entitled persons”;

(c)

in section 5A—

(i)

in subsection (1)—

(aa)

for “Community rights” there were substituted “Swiss citizens’ rights agreement”;

(bb)

in paragraph (a), “European” were omitted;

(ii)

in subsection (3)—

(aa)

in paragraph (a), “European” were omitted;

(bb)

in paragraph (c), for “a relevant European State” there were substituted “Switzerland”;

(cc)

for paragraph (d) there were substituted—

“(d)

if the person is not a national of the United Kingdom or Switzerland, proof that the person is a Swiss citizens’ rights agreement entitled person;”;

(iii)

in subsection (5), for “a competent authority of a relevant European State” there were substituted “the Swiss competent authority”;

(iv)

in subsection (6)(a)—

(aa)

“European”, in the first place it occurs, were omitted;

(bb)

for “that is not the relevant European State in which the evidence of qualification was issued” there were substituted “other than Switzerland”;

(v)

in subsection (7), for “a competent authority in the issuing State” there were substituted “the Swiss competent authority”;

(vi)

in subsection (10), for paragraph (a)(i) there were substituted—

“(i)

Switzerland; or”;

(d)

section 5B (and the references to it in sections 5ZBA(1)(a), 5BA(1), 6(1)(b)(ii) and (6) and 10(3), and, where it occurs, the word “or” immediately preceding any such reference) were omitted;

(e)

in the heading to section 5BA, for “Community rights” there were substituted “Swiss citizens’ rights agreement”;

(f)

in section 5BA, in subsections (1) and (2), for “Community rights”, in both places it occurs, there were substituted “Swiss citizens’ rights agreement”;

(g)

section 5CA (and the references to it in sections 5CD(1) and (2), 5CE(1) and 5D(1), and in the headings to sections 5CD and 5CE) were omitted;

(h)

section 5CB (and the references to it in sections 5CD(1) and (2), 5CE(1) and 5D(1), and in the headings to sections 5CD and 5CE) were omitted;

(i)

in section 27—

(i)

in the definitions of “Directive 2005/36/EC” and “the Directive table”, for “amended from time to time” there were substituted “it applied immediately before IP completion day”;

(ii)

immediately before the definition of “veterinary surgery” there were inserted—

  • ““Swiss citizens’ rights agreement entitled person” means a person within the meaning of paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 (qualifications begun before IP completion day – extended period for applications under the Swiss citizens’ rights agreement);”;

(j)

in Schedule 1A—

(i)

for the heading there were substituted “REGISTRATION OF SWISS CITIZENS’ RIGHTS AGREEMENT ENTITLED PERSONS”;

(ii)

in paragraphs 1(1), 2(1) and (3), 3(1), and 4, in each place it precedes “veterinary surgeon”, “European” were omitted.

Annotations

Textual amendments

F1

Reg. 5A inserted (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. 2 para. 3

Commencement

I1

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