SCHEDULES

SCHEDULE 8 Health ... professionals

PART 2 Savings and transitional provision

25 Interpretation of saved provisions
Where a provision continues to apply by virtue of this Part, it is to be read as if—
(a) in Schedule 3 to the 2001 Order, in paragraph (1)—
(i) there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before IP completion day, by virtue of section 2(1) of the European Communities Act 1972;”

;
Words in Sch. 8 para. 25(a)(i)-(iv) substituted (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), 16(13)(a)
(ii) in the definition of “exempt person”, for paragraphs (a) to (c) there were substituted—

“(a) a person who, immediately before IP completion day, was a national of a relevant European State,
(b) a person who, immediately before IP completion day, was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, a relevant profession by virtue of an enforceable EU right, or
(c) a person who, immediately before IP completion day, was not a national of a relevant European State, but at that time was, 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 a relevant European State;”

;
(iii) in the definition of “General Systems Regulations” (other than in that definition as it is saved by paragraph 19A), at the end there were inserted—

“(a) in relation to anything done before IP completion day, as they had effect at that time;
(b) otherwise, as (and only to the extent that) they have effect, on or after IP completion day, in relation to an entitlement which arose before IP completion day or arises as a result of something done before IP completion day;”

;
Words in Sch. 8 para. 25(a)(iii) 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), 16(13)(b)
(iv) in the definition of “national”, for “is not” there were substituted “was not, immediately before IP completion day”;
(b) in rule 2 of the Health and Care Professions Council (Registration and Fees) Rules 2003, in the definition of “competent authority”, after “professional qualifications” there were inserted “ (as it had effect immediately before IP completion day) ”;
Words in Sch. 8 para. 25(b) substituted (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), 16(13)(a)
(c) in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.
Sch. 8 para. 25 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)
Words in Sch. 8 title 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(2)