The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

• Citation: S.I. 2019/312
• Sections: 60

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

(2) This regulation, regulation 2 (so far as it relates to Part 1 of Schedule 1) and Part 1 of Schedule 1 come into force on the day after the day on which these Regulations are made.

(3) The remainder of these Regulations comes into force on exit day.

(4) In these Regulations—

“ the 2007 Regulations ” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 ;

“ the principal Regulations ” means the European Union (Recognition of Professional Qualifications) Regulations 2015 .

Section 2 Amendment etc. of the principal Regulations and the 2007 Regulations

Schedule 1 contains—

(a) amendments of the principal Regulations;

(b) saving and transitional provisions relating to the principal Regulations and the 2007 Regulations.

Section 3 Amendment etc. of secondary legislation relating to school teachers

Schedule 2 contains amendments of, and saving and transitional provision relating to, legislation relating to school teachers.

Section 4 Revocation of retained direct EU legislation

The following instruments are revoked—

(a) Commission Implementing Regulation (EU) 2015/983 of 24 June 2015 on the procedure for issuance of the European Professional Card and the application of the alert mechanism pursuant to Directive 2005/36/EC of the European Parliament and of the Council;

(b) Commission Delegated Decision (EU) 2016/790 of 13 January 2016 amending Annex V to Directive 2005/36/EC of the European Parliament and of the Council as regards the evidence of formal qualifications and the titles of training courses;

(c) Commission Regulation (EU) No 623/2012 of 11 July 2012 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

(d) Commission Regulation (EU) No 213/2011 of 3 March 2011 amending Annexes II and V to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

(e) Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

(f) Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications;

(g) Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications.

Section 5 Amendment to Annex 20 to EEA Agreement

In Annex 7 to the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, so far as it forms part of domestic law by virtue of section 3(2)(b) of the European Union (Withdrawal) Act 2018, in Part A, omit point 1b.

Section 1

The principal Regulations are amended as follows.

Section 2

In Schedule 1 (regulated professions), in Part 1 (professions regulated by law or public authority), omit the entry “Child Psychotherapist employed in the National Health Service” in column 1 (profession) and the corresponding entry in column 2 (competent authority).

Section 3

In Schedule 2 (regulated professions having public health and safety implications), omit the entry “Child Psychotherapist (employed in the National Health Service)”.

Section 4

In Schedule 5 (appeal bodies), in the table—

(a) in the entry “Approved Driving Instructor (Great Britain)”—

(i) in column 1, for “Great Britain”, substitute “ England and Wales ” ;

(ii) in the corresponding entry in column 2, for “First-tier Tribunal”, substitute “The Magistrates' Court”;

(b) above the entry “Approved Driving Instructor (Northern Ireland)”—

(i) in column 1, insert “ Approved Driving Instructor (Scotland) ” ;

(ii) insert “ The Sheriff Court ” in the corresponding entry in column 2;

(c) in relation to the entry “Notary Public in England and Wales” in column 1, in the corresponding entry in column 2, for “The Lord Chancellor”, substitute “ Chancellor of the High Court ” .

Section 5

The principal Regulations are amended as follows.

Section 6

In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the following definitions—

“adaptation period”

“another relevant European State”;

“aptitude test”;

“Commission”;

“common training framework”;

“common training test”;

“compensation measures”;

“designated competent authority”;

“Directive 2002/58/EC ”;

“Directive 2006/123/EC ”;

“enactment”;

“European Professional Card”;

“the GDPR”;

“host State”;

“IMI”;

“Implementing Regulation 2015”

“lifelong learning”;

“manager of an undertaking”;

“missing document”;

“overriding reasons of general interest”;

“professional experience”;

“professional rules”;

“relevant body”;

“sectoral professions”;

“third country”;

“UK applicant”;

in the definition of “applicant”, for “regulation 8(3) and (4)” substitute “ regulation 8(4) ” ;

in the definition of “assistance centre”, omit the words from “and to issue a European Professional Card” to the end;

in the definition of “competent authority”—

in paragraph (a), for “(4)” substitute “ (3) ” ;

in paragraph (b), for “another” substitute “ a ” ;

in the definition of “home State”, omit “or in which they lawfully practised”;

in the definition of “holder”, after “competent authority of” insert “ the United Kingdom or ” ;

in the definition of “practice”, omit “in a relevant European State”;

for the definition of “relevant European State”, substitute—

“ relevant European State ” means an EEA State or Switzerland;

(b) omit paragraphs (2), (3) and (6).

Section 7

For regulation 3 (application) substitute—

(3) These Regulations do not apply in relation to—

(a) any profession regulated under—

(i) the Medical Act 1983 ;

(ii) the Dentists Act 1984 ;

(iii) the Opticians Act 1989 ;

(iv) the Osteopaths Act 1993 ;

(v) the Chiropractors Act 1994 ;

(vi) Part 3 of the Regulation of Care (Scotland) Act 2001 ;

(vii) Part 4 of the Regulation and Inspection of Social Care (Wales) Act 2016 ;

(viii) Part 2 of the Children and Social Work Act 2017 ;

(ix) the Nursing and Midwifery Order 2001 ;

(x) the Health ... Professions Order 2001 ;

(xi) the Health and Personal Social Services Act (Northern Ireland) 2001 ;

(xii) the Pharmacy Order 2010 ;

(xiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the profession of architect;

(c) the profession of veterinary surgeon;

(d) the profession of farrier in England, Wales and Scotland;

(e) the profession of statutory auditor as defined in section 1210 of the Companies Act 2006 ;

(f) the profession of notary appointed by an official act of government;

(g) any regulated profession in relation to which, immediately before IP completion day —

(i) specific arrangements directly related to the recognition of professional qualifications were made in any EU Regulation, EU Directive, EU decision or EU tertiary legislation; and

(ii) the effect of those arrangements excluded the application of the Directive.

Section 8

In regulation 4 (competent authorities)—

(a) in paragraph (1)—

(i) for “any of Parts 1 to 3” substitute “ Parts 1 and 2 ” ;

(ii) for “the Directive” substitute “ these Regulations ” ;

(b) in paragraph (2), for “the Directive”, substitute “ these Regulations ” ;

(c) omit paragraphs (3) and (4);

(d) in paragraph (5)—

(i) for “another” substitute “ a ” ;

(ii) in sub-paragraph (a), omit “attestation of competence,”;

(iii) omit sub-paragraph (b), but not the “or” following it;

(iv) omit the words from “or (as the case may be)” to the end.

Section 9

In regulation 5 (functions of competent authorities in the United Kingdom)—

(a) omit paragraphs (2) and (3);

(b) for paragraph (4), substitute—

(4) A competent authority must—

(a) act as a point of single contact for their regulated professions; and

(b) provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

(c) for paragraph (5), substitute—

(5) A competent authority must fully cooperate with the assistance centre and provide all relevant information about individual cases to the assistance centre on request, and subject to data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018.

(d) omit paragraphs (7) and (9);

(e) in paragraph (10), for “regulations 21 and” substitute “ regulation ” ;

(f) after paragraph (11), insert—

(12) If the applicant does not provide any certified copies requested under paragraph (6) before the expiry of the time limit for the competent authority to notify the applicant of its decision under regulation 42(2), the competent authority may refuse the application.

Section 10

In regulation 6(2), omit “or the issue of a European Professional Card”.

Section 11

In regulation 7—

(a) in paragraph (1)—

(i) after “request” insert “ by an applicant ” ;

(ii) in sub-paragraph (a), for “another” substitute “ a ” ;

(b) after paragraph (4), insert—

(5) In this regulation, “ third country ” means a country other than a relevant European State.

Section 12

In regulation 8 (regulated profession, regulated education and training and applicants)—

(a) in paragraph (1)—

(i) in sub-paragraph (a)(i), for “any of Parts 1, 3 and 4” substitute “ Part 1 ” ;

(ii) in paragraph (b), for “another” substitute “ a ” ;

(b) in paragraph (2)—

(i) after “of a profession in” insert “ the United Kingdom or ” ;

(ii) after “provisions of” insert “ the United Kingdom or, as the case may be, ” ;

(iii) after “competent authority in” insert “ the United Kingdom or, as the case may be ” ;

(c) omit paragraph (3);

(d) in paragraph (4)—

(i) in the opening words, omit “, 2” and “, including Part 4,”;

(ii) in sub-paragraph (a)—

(aa) for “wishes” substitute “ applies for authorisation ” ;

(bb) omit “on a permanent basis”;

(iii) at the end of that sub-paragraph, insert “ and ” ;

(iv) omit sub-paragraph (b);

(v) in sub-paragraph (c), omit “or a third country;”;

(vi) omit sub-paragraph (d), and the “and” immediately before that sub-paragraph.

Section 13

In regulation 9 (professional qualifications and evidence of formal qualifications)—

(a) in paragraph (1), omit “, subject to paragraph 12(2)”;

(b) omit paragraph (1)(b) and (c);

(c) in paragraph (2)(a), insert “ the United Kingdom or ” after “authority in” and “mainly in”;

(d) omit paragraph (2)(b) and the “or” before that paragraph.

Section 14

Omit regulations 10 (partial access) and 11 (procedure applicable to partial access applications).

Section 15

Omit Part 2: (regulations 12 to 26: freedom to provide services on a temporary and occasional basis).

Section 16

For the heading to Part 3 (freedom of establishment), substitute “ Applications for Authorisation ” .

Section 17

In regulation 27 (levels of qualification), omit paragraph (a).

Section 18

Omit regulation 28 (equal treatment of qualifications).

Section 19

In regulation 29 (conditions for recognition)—

(a) for paragraph (1) substitute—

(1) If access to, or pursuit of, a regulated profession in the United Kingdom is contingent on possession of specific qualifications, a competent authority must permit access to, and pursuit of, that profession to an applicant, where that applicant possesses evidence of formal qualifications required by a relevant European State, where the profession is regulated, in order to gain access to and pursue the same profession in that relevant European State.

(b) after paragraph (1), insert—

(1A) The requirement on the competent authority in paragraph (1) does not apply where—

(a) the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or

(b) the regulated profession in the United Kingdom—

(i) comprises one or more regulated professional activities which do not exist in the profession in the applicant's home State; and

(ii) requires specific training that covers substantially different matters from those covered by the applicant’s evidence of formal qualifications; or

(c) the level of the professional qualifications of the applicant is lower than the level of the specific professional qualifications required to access and pursue the regulated profession in the United Kingdom;

(1B) In paragraph (1A), “ substantially different matters ” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.

(c) in paragraph (2)—

(i) omit “Attestations of competence or”;

(ii) in sub-paragraph (a), for “another” substitute “ a ” ;

(iii) omit sub-paragraph (b);

(d) for paragraph (3), substitute—

(3) Nothing in paragraphs (1) or (1A) prevents a competent authority from exercising any other powers it may have to permit an applicant to access and pursue a regulated profession.

(e) omit paragraphs (4) and (5).

Section 20

Omit regulations 30 (compensation measures – adaptation periods and aptitude tests) to 37.

Section 21

For the heading to Chapter 4 (common provisions on establishment), substitute “ General Provisions ” .

Section 22

In regulation 38 (documentation and formalities)—

(a) for paragraph (1), substitute—

(1) When considering an application for authorisation to pursue a regulated profession, the competent authority may require any information or documentation necessary to enable the competent authority to assess the application, including—

(a) evidence of formal qualifications, and any information necessary to determine the level and content of those qualifications;

(b) information concerning the applicant's training to the extent necessary to determine the existence of potential substantial differences to the training requirements in the United Kingdom;

(c) the applicant's fitness to practice and professional or financial standing; and

(d) the applicant's insurance cover.

(b) omit paragraph (2).

Section 23

In regulation 39—

(a) in paragraph (1)—

(i) for “require”, substitute “ request ” ;

(ii) omit “attestations and” and “other”;

(b) in paragraph (3), for “require”, substitute “ request ” ;

(c) after paragraph (3) insert—

(4) Where a competent authority of another relevant European State does not provide the confirmation required or the verification sought by a competent authority under this regulation before the expiry of the time limit for notifying the applicant of its decision under regulation 42(2), the competent authority may refuse the application.

Section 24

Omit regulations 40 and 41.

Section 25

In regulation 42 (decisions of competent authorities)—

(a) in paragraph (1), for “to establish himself” substitute “ for authorisation to practise ”

(b) in paragraph (2), for sub-paragraphs (a) and (b), substitute “ within four months ” ;

(c) omit paragraph (5).

Section 26

In regulation 43 (use of professional titles), omit paragraph (4).

Section 27

Omit Part 4: (regulations 44 to 63: European Professional Card).

Section 28

Omit Part 5: (regulations 64 and 65: automatic recognition on the basis of common training principles).

Section 29

In regulation 66 (exchange of information)—

(a) in paragraph (1), for the words from “must exchange” to “other”, substitute “ may exchange information with competent authorities of ” ;

(b) in paragraph (2)—

(i) for “home State” substitute “ United Kingdom ” ;

(ii) for “another” substitute “ a ” ;

(c) in paragraph (3), for the words from “rules” to the end, substitute “ legislation within the meaning of section 3(9) of the Data Protection Act 2018 ” .

Section 30

Omit regulation 67 (alert mechanism).

Section 31

In regulation 68 (appeals)—

(a) in paragraph (1), for the words “any one of regulations 6(1), 10, 13(2), 42(2) or under Part 4” substitute “ either regulation 6(1) or 42(2) ” ;

(b) omit paragraph (2);

(c) in paragraph (3), omit “or (2)”;

(d) in paragraph (4), for “regulation 6(1), 10, 13(2), 42(2), 62 or 63” substitute “regulation 6(1) or 42(2);

(e) for paragraph (5), substitute—

(5) In paragraph (3), “ enactment ” includes—

(a) an enactment contained in subordinate legislation within the meaning given by subsection (1) of section 21 of the Interpretation Act 1978, except that the definition of that term in that subsection shall have effect as if “Act” included Northern Ireland legislation, and

(b) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act.

Section 32

In regulation 69 (use of academic titles), in paragraph (1), for “regulations 18 and” substitute “ regulation ” .

Section 33

In regulation 70 (assistance centre)—

(a) in paragraph (1)—

(i) in sub-paragraph (a), omit—

(aa) “and the assistance centres of other relevant European States”; and

(bb) “where appropriate the availability and functioning of the European Professional Card”;

(ii) for sub-paragraph (b), substitute—

(b) on receipt of an enquiry, assist applicants in exercising the rights conferred on them by these Regulations, in co-operation where appropriate, with points of single contact and competent authorities in the United Kingdom.

(b) in paragraph (2), for “Commission”, in both places it appears, substitute “ Secretary of State ” .

Section 34

In regulation 71 (information from competent authorities)—

(a) in paragraph (1), for “the Directive”, substitute “ these Regulations ” ;

(b) in paragraph (2), omit the words from “, including the types of decisions” to the end.

Section 35

In regulation 72 (review), omit paragraph (2).

Section 36

In regulation 78 (transitional and saving provision), omit paragraphs (1) and (3).

Section 37

In Schedule 1 (regulated professions) —

(a) in Part 1, omit the following entries in column 1 (profession) and their corresponding entries (if applicable) in column 2 (competent authority)—

(i) Chiropractor;

(ii) Dental Hygienist;

(iii) Dental Therapist

(iv) Clinical Dental Technician;

(v) Dental Nurse;

(vi) Dental Technician;

(vii) Orthodontic Therapist;

(viia) Farrier in England, Wales and Scotland;

(viii) Arts Therapist;

(ix) Biomedical Scientist;

(x) Chiropodist and Podiatrist;

(xi) Clinical Scientist;

(xii) Dietitian;

(xiii) Hearing Aid Dispenser;

(xiv) Occupational Therapist;

(xv) Operating Department Practitioner;

(xvi) Orthoptist;

(xvii) Paramedic;

(xviii) Physiotherapist;

(xix) Prosthetist and Orthotist;

(xx) Radiographer;

(xxi) Practitioner psychologist (a registered psychologist, clinical psychologist, counselling psychologist, educational psychologist, forensic psychologist, health psychologist, occupational psychologist or sport and exercise psychologist);

(xxii) Social Worker in England;

(xxiii) Social Worker in Northern Ireland;

(xxiv) Social Worker in Scotland;

(xxv) Social Worker in Wales;

(xxvi) Social Care Manager in Wales;

(xxvii) Speech and Language Therapist;

(xxviii) Nurse (other than a nurse admitted to Sub-Part 1 of the nurses' part of the register maintained by the Nursing and Midwifery Council whose field of practice is adult nursing);

(xxix) Nursing Associate in England;

(xxx) Optometrist (Ophthalmic Optician);

(xxxi) Dispensing Optician;

(xxxii) Osteopath;

(xxxiii) Pharmacy Technician in Great Britain;

(b) omit Parts 3 and 4.

Section 38

Omit Schedules 2, 3, and 4.

Section 39

In Schedule 5 (appeal bodies), in the first column, omit the following entries in column 1 (profession) and their corresponding entries in column 2 (body, court or person)—

(a) Social Worker in Northern Ireland;

(b) Social Worker in Wales.

Section 40 Saving of decisions etc. taken before IP completion day

The amendments and revocations made by these Regulations do not affect the validity of any action or decision taken or right accrued under the principal Regulations or the 2007 Regulations before IP completion day, except as provided in this Part.

Section 41 Language testing – transitional and saving provision

(1) Where a competent authority has recognised a professional qualification—

(a) before IP completion day, under the principal Regulations; or

(b) pursuant to paragraph 44,

the provisions of the principal Regulations specified in sub-paragraph (2) continue to apply on and after IP completion day as they had effect immediately before IP completion day.

(2) The specified provisions are—

(a) regulation 6;

(b) regulation 68, so far as it relates to appeals against a decision of a competent authority under regulation 6(1); and

(c) any other provision of the principal Regulations so far as they relate to those provisions.

Section 42 Temporary and occasional provision of services – Part 2 of the principal Regulations - transitional and saving provision

(1) This paragraph applies where, before exit day, an applicant has submitted or renewed a declaration in accordance with regulation 15 of the principal Regulations to the appropriate competent authority, and, on IP completion day, has not lost entitlement to provide services.

(2) The provisions of the principal Regulations relating to the provision of services on a temporary and occasional basis continue to apply on and after IP completion day in relation to the applicant concerned, as they had effect immediately before IP completion day but subject to the modifications specified in sub-paragraph (3), until the earlier of the following—

(a) the day before that on which renewal of the declaration in accordance with regulation 15(2)(c) would have been required but for the modification specified in sub-paragraph (3); or

(b) 30th January 2021.

(3) The modifications to the principal Regulations are as follows—

(a) the United Kingdom is to be treated as falling within the definition of “relevant European State”;

(b) regulation 5 is to be read as if—

(i) in paragraph (2), “, using the IMI procedure” were omitted;

(ii) paragraph (3) were omitted;

(iii) in paragraph (5), for the words from “rules” to the end there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018”;

(iv) paragraph (7) were omitted;

(v) for paragraph (8), there were substituted—

(8) Where a competent authority asks for advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market for the completion of procedures referred to in paragraph (6), it must act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).

(vi) paragraph (9) were omitted;

(vii) in paragraph (10), for “regulations 21 and 42” there were substituted “regulation 21”;

(viii) after paragraph (11), there were inserted—

(12) If the applicant does not provide any certified copies requested under paragraph (6) before the expiry of the time limit for the competent authority to notify the applicant of its decision under regulation 21, the competent authority may refuse the provision of services.

(c) regulation 15 is to be read as if—

(i) in paragraph (2), sub-paragraph (c) and the “and” immediately before it were omitted;

(ii) paragraph (3) were omitted;

(d) regulation 23 is to be read as if in paragraph (2) after “the applicant may” there were inserted “not”;

(e) regulation 24 is to be read as if paragraphs (2), (3) and (4) were omitted;

(f) regulation 25 is to be read as if —

(i) after paragraph (1), there were inserted—

(1A) If the competent authorities of the home State fail to provide the information requested under paragraph (1) within such period as may be specified in the request, the applicant will no longer be entitled to provide services in the profession that the applicant is pursuing in the United Kingdom in accordance with this Part nor retain any temporary registration.

(ii) paragraph (3) were omitted;

(g) regulation 26(e) is to be read as if for the words from “the VAT identification” to the end there were substituted “the country in which the applicant is VAT registered and the applicant’s VAT registration number”;

(h) Parts 4 and 5 are to be ignored;

(i) in regulation 66—

(i) paragraph (1) is to be read as if for “must” there were substituted “may”;

(ii) paragraph (3) is to be read as if for the words from “rules” to the end there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018”;

(j) regulation 67 is to be ignored ...;

(k) regulation 68, so far as it relates to an appeal under regulation 67, is to be ignored, save to the extent that paragraph 47 of this Schedule applies.

(4) In this paragraph, “applicant” has the meaning in regulation 8(3) of the principal Regulations—

(a) before amendment made by Part 2; and

(b) with the omission of the words “including Part 4”.

Section 43 Temporary and occasional provision – transitional and saving provision relating to certain sectoral professions

(1) In connection with the provisions referred to in sub-paragraph (2), so far as they continue to have effect after IP completion day—

(a) regulations 3(9), 9 and 14 to 16 of the 2007 Regulations, as well as any other provision of those Regulations which, immediately before IP completion day, applied in connection with regulations 9 and 14 to 16, continue to apply as they applied immediately before IP completion day, by virtue of regulation 78(3) of the principal Regulations, but with the modifications specified in paragraph 48(3) or 49(3) of this Schedule (as the case may be);

(b) regulations 3(8), 13 and 19 to 23 of the principal Regulations, as well as any other provision of those Regulations which, immediately before IP completion day, applied in connection with regulations 13 and 19 to 23, continue to apply without the amendments made by Part 2, but with the modifications specified in paragraph 42(3) of this Schedule.

(2) The provisions are—

(a) Schedule 1B to the Veterinary Surgeons Act 1966;

(b) Schedule 2A to the Medical Act 1983;

(c) Schedule 4 to the Dentists Act 1984;

(d) Schedule 2A to the Nursing and Midwifery Order 2001;

(e) Schedule 2 to the Pharmacy Order 2010.

Section 44 Applications begun before IP completion day – establishment under Chapters 1 and 2 of Part 3 of the principal Regulations - transitional and saving provision

(1) This paragraph applies where—

(a) before IP completion day, an applicant has made an application to a competent authority or to a point of single contact under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the principal 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 principal Regulations has expired without an appeal being made; or

(ii) an appeal made under regulation 68(1) of the principal Regulations against a decision taken or deemed to be taken under regulations 10 or 42(2) has been determined.

(3) The provisions of the principal 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 68(1) of the principal Regulations against a decision taken or deemed to be taken under regulations 10 or 42(2) in relation to that application.

(4) The modifications to the principal 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—

(i) in paragraph (2), after “IMI procedure” there were inserted “where appropriate in accordance with Article 29(2) of the withdrawal agreement”;

(ii) paragraph (3) were omitted;

(iii) for paragraph (4), there were substituted—

(4) A competent authority must—

(a) act as a point of single contact for their regulated professions; and

(b) provide applicants with all information about the requirements, procedures and formalities they need to complete to gain access to and pursue their regulated professions.

(iv) in paragraph (5), for the words from “rules” to the end there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018.”;

(v) for paragraph (8) there were substituted—

(8) Where a competent authority asks for advanced electronic signatures under Article 3(11) of Regulation (EU) No 910/2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market for the completion of procedures referred to in paragraph (6), it must act in accordance with Article 27 of that Regulation (and for this purpose the completion of the procedures is to be treated as the use of an online service to which that Article applies).

(vi) paragraph (9) were omitted;

(vii) in paragraph (10), for “regulations 21 and” there were substituted “regulation”;

(c) regulation 41 is to be ignored;

(d) regulation 42(5) is to be ignored;

(e) Parts 4 and 5 are to be ignored;

(f) regulation 66(3) is to be read as if for the words from “rules” to the end there were substituted “legislation within the meaning of section 3(9) of the Data Protection Act 2018 and through use of the IMI procedure where appropriate, in accordance with Article 29(2) of the withdrawal agreement”;

(g) regulation 67 is to be ignored ...;

(h) regulation 68, so far as it relates to an appeal under regulation 67, is to be ignored, save to the extent that paragraph 47 of this Schedule applies.

(5) In this paragraph, “applicant” has the meaning in regulation 8(4) of the principal Regulations—

(a) before amendment made by Part 2; and

(b) with the omission of the words “including Part 4”.

Section 45 Administrative co-operation under the withdrawal agreement and the EEA EFTA separation agreement

(1) This paragraph applies where an individual has, before IP completion day, made an application falling under Article 28 of the withdrawal agreement or Article 27 of the EEA EFTA separation agreement to a competent authority in a European State for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom.

(2) Where sub-paragraph (1) applies, the competent authority in the United Kingdom—

(a) must cooperate with the competent authority or assistance centre in the European State, or with the individual (as the case may be), in accordance with—

(i) regulation 5(2), (4) and (5) of the principal Regulations, as modified in accordance with paragraph 44(4)(b), and

(ii) regulation 5(3) of the principal Regulations; and

(b) for the purposes of paragraph (a), may exchange information with the European State competent authority 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.

(3) Competent authorities in the United Kingdom must exchange information for the purposes of sub-paragraph (2) in accordance with data protection legislation within the meaning of section 3(9) of the Data Protection Act 2018 and through use of the IMI procedure where appropriate, in accordance with Article 29(2) of the withdrawal agreement.

(4) In this paragraph, a reference to the principal Regulations is to those Regulations as they had effect immediately before IP completion day, and—

“competent authority” has the meaning in regulation 2(1) of the principal Regulations; and

“European State” means an EEA State other than the United Kingdom.