The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019

[F1 Administrative cooperation under the EEA EFTA citizens’ rights agreement U.K.

12C.— (1) Where an individual has, before IP completion day, made an application falling under Article 26 of the EEA EFTA citizens’ rights agreement to a competent authority in Iceland, Norway or Liechtenstein for recognition of a professional qualification obtained in the United Kingdom, the appropriate competent authority in the United Kingdom must—

(a) co-operate with the competent authority or assistance centre in Iceland, Norway or Liechtenstein, or with the individual (as the case may be), in accordance with the general cooperation provision, and

(b) provide information to the competent authority in Iceland, Liechtenstein or Norway regarding disciplinary action or criminal sanctions taken, or any other serious, specific circumstances which are likely to have consequences for the pursuit of professional activities by that individual.

(2) Competent authorities must process information for the purposes of paragraph (1) in accordance with data protection legislation within the meaning given in section 3(9) of the Data Protection Act 2018.

(3) In this regulation—

“the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015, as it had effect immediately before IP completion day;

“EEA EFTA citizens’ rights agreement” means the Agreement signed at London on 2 April 2019 between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland on arrangements regarding citizens’ rights following the withdrawal of the United Kingdom from the European Union and the EEA Agreement;

“the general cooperation provision”, in relation to a competent authority, means—

(a)

where any of the following Schedules applied to the competent authority immediately before IP completion day, that Schedule as it had effect in relation to the authority immediately before IP completion day—

(i)

Schedule 4A to the Medical Act 1983;

(ii)

Schedule 4ZA to the Dentists Act 1984;

(iii)

Schedule 3 to the Nursing and Midwifery Order 2001;

(iv)

Schedule 3 to the Pharmacy Order 2010;

(b)

to the extent that they apply to the authority—

(i)

regulation 5(2), (4) and (5) of the 2015 Regulations, but as modified by paragraph 44(4)(b) of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019;

(ii)

regulation 5(3) of the 2015 Regulations.]

Textual Amendments

F1 Regs. 12B, 12C 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), 5

Commencement Information

I1 Reg. 12C 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)