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

Visiting health F1... professionals: saving of old law for up to [F2five years] U.K.

This section has no associated Explanatory Memorandum

20.—(1) Where—

(a)a person had, immediately before [F3IP completion day], the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a member of one of the relevant professions (and article 13A(3) of the 2001 Order accordingly applied to the person), and

(b)the person continues to have that benefit on or after [F4IP completion day],

any provision made by or under the 2001 Order continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting health F5... professionals from relevant European states [F6(but subject, in the case of a relevant applicant, to the modifications to the 2001 Order specified in sub-paragraph (4))].

[F7(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a member of one of the relevant professions for a period not exceeding 90 days in total in any calendar year.]

(2) Sub-paragraph (1) ceases to apply in relation to a visiting health F8... professional—

(a)if the professional is registered as required by article 13A(3) of the 2001 Order, when his or her name is removed under article 13A(6) of the Order;

(b)otherwise, when the professional's entitlement ceases by reason of the operation of article 13A(5) of the Order.

[F9(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting health professional.

(2B) But a Swiss visiting health professional’s entitlement does not continue (or further continue) under article 13A of the 2001 Order on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting health professional” means a visiting health professional who—

(a)is a national of the United Kingdom or is a Swiss national, or

(b)is a third country national, who was, immediately before IP completion day, by virtue of an enforceable EU right entitled to be treated, for the purposes of access to and pursuit of a relevant profession, no less favourably than a national of the United Kingdom or Switzerland.]

(3) In sub-paragraph (1)—

(a)“relevant professions” has the meaning given by Schedule 3 to the 2001 Order;

(b)the reference to “the provisions relating to visiting health F10... professionals from relevant European states” is to the provisions listed in the following table.

Act or instrumentProvision relating to visiting professionals
The 2001 Orderarticle 6(3)(aa)
article 7(4)
article 9(1) and (8)
article 10(1) and (6)
article 11A(12)
article 13A (except paragraph (2)(b))
article 19(2A) to (2D)
article 37(1)(aa)
article 38 (so far as relating to article 37(1)(aa))
in Schedule 3, the definitions of “exempt person”, “the General Systems Regulations”, “national”, “relevant European State” and “visiting health F11... professional from a relevant European State”
Health Professions (Parts of and Entries in the Register) Order of Council 2003article 7
Health and Care Professions Council (Registration and Fees) Rules 2003rule 2A

[F12(4) The modifications to the 2001 Order mentioned in sub-paragraph (1) are—

(a)article 13A is to be read as if for paragraph (1) there were substituted—

“(1) This article applies to a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established, in Switzerland (“State A”), as a member of one of the relevant professions (“the established profession”).”;

(b)article 19(2D) is to be read as if for the words from “the relevant” to the end there were substituted “Switzerland”.]

Textual Amendments

F1Words in Sch. 8 para. 20 heading omitted (31.12.2020 immediately before IP completion day) by virtue of The European Qualifications (Health and Social Care Professions) (EFTA States) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1394), regs. 1(2), 16(8)(a)(i)

Commencement Information

I1Sch. 8 para. 20 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)