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

• Citation: S.I. 2019/593
• Sections: 357

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

(3) Any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.

Section 1A Interpretation

(1) In these Regulations—

“the 2017 Act” means the Children and Social Work Act 2017;

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

“the Directive” means Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as it had effect immediately before IP completion day;

“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;

“existing contract” means a written contract which was concluded, and the performance of which started, before IP completion day;

“qualifying applicant” means an individual—

who is a national of the United Kingdom or Switzerland, or a third country national who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either the United Kingdom or Switzerland for the purposes of access to and pursuit of a regulated profession,

who wishes to access and pursue a regulated profession in the United Kingdom on a permanent basis, whether in an employed or self-employed capacity,

who has obtained a relevant qualification,

who, if that relevant qualification was obtained in a third country, has three years’ professional experience in the profession concerned in the territory of Switzerland and certified by a Swiss competent authority, and

who, if that relevant qualification is a professional qualification obtained in an EEA State, is legally established in Switzerland, unless the individual is a Swiss national;

“relevant applicant” means an individual—

who provides services in a regulated profession in the United Kingdom on a temporary and occasional basis on the basis of an existing contract,

who began providing, or begins to provide, the services mentioned in paragraph (a), either—

before IP completion day, in an employed or self-employed capacity, or

on or after IP completion day, as an employee posted for the purpose of carrying on professional activities in the United Kingdom by their employer who is established in the United Kingdom or Switzerland,

who is a national of the United Kingdom or Switzerland, or a third country national, who was, immediately before IP completion day, by virtue of any enforceable EU right entitled to be treated no less favourably than a national of either the United Kingdom or Switzerland for the purposes of access to and pursuit of a regulated profession,

who is legally established in Switzerland for the purpose of pursuing the same profession there, and

who, if neither the regulated profession the individual wishes to access and pursue in the United Kingdom nor the education and training leading to it is regulated in Switzerland, has pursued that profession in Switzerland for at least two years during the ten years preceding the provision of services;

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

“relevant qualification” means—

a professional qualification obtained in an EEA State or Switzerland before IP completion day;

a professional qualification started in an EEA State or Switzerland but not completed before IP completion day;

a third country professional qualification recognised by a competent authority in Switzerland pursuant to Article 2(2) of Directive 2005/36/EC before IP completion day;

a third country professional qualification for which an application for recognition pursuant to Article 2(2) of Directive 2005/36/EC has been submitted to a competent authority in Switzerland before IP completion day, where that application is successful;

“same profession” means the profession for which the applicant is qualified in the applicant’s home State if the activities covered are comparable;

“Swiss applicant” means a person who is—

a national of the United Kingdom,

a national of Switzerland, or

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 particular profession, no less favourably than a national of either of those states;

“Swiss recognition period” means the period of four years beginning with the day immediately after IP completion day;

“third country” has the same meaning as in regulation 2(1) of the 2007 Regulations;

“visiting practitioner transitional period” means—

the period of five years beginning with IP completion day, or

if the period in sub-paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement, that period as extended.

Section 2 Medical practitioners

In Schedule 1—

(a) Part 1 contains amendments about medical practitioners;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 3 Pharmacists and pharmacy technicians

In Schedule 2—

(a) Part 1 contains amendments about pharmacists and pharmacy technicians;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 4 Dentists and dental care professionals

In Schedule 3—

(a) Part 1 contains amendments about dentists and dental care professionals;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 5 Nurses, midwives and nursing associates

In Schedule 4—

(a) Part 1 contains amendments about nurses, midwives and nursing associates;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 6 Opticians

In Schedule 5—

(a) Part 1 contains amendments about opticians;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 7 Osteopaths

In Schedule 6—

(a) Part 1 contains amendments about osteopaths;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 8 Chiropractors

In Schedule 7—

(a) Part 1 contains amendments about chiropractors;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 9 Health and social work professionals

In Schedule 8—

(a) Part 1 contains amendments about health and social work professionals;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 10 Social workers in Scotland

In Schedule 9—

(a) Part 1 contains amendments about social workers in Scotland;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 11 Social care workers in Northern Ireland

In Schedule 10—

(a) Part 1 contains amendments about social care workers in Northern Ireland;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 12 Social workers in England

In Schedule 11—

(a) Part 1 contains amendments about social workers in England;

(b) Part 2 contains savings and transitional provision relating to those amendments.

Section 12A Actions taken, decisions made etc. before IP completion day: general saving

The amendments, repeals and revocations made by these Regulations to an enactment do not affect the validity of any action or decision taken, or right accrued, before IP completion day under that enactment, except as provided by any applicable saving or transitional provision made by Part 2 of any of the Schedules to these Regulations.

Section 12B Equal treatment and administrative co-operation under the Swiss citizens’ rights agreement

(1) In dealing with a relevant applicant who provides services in the United Kingdom pursuant to a relevant savings provision in relation to any matter, the competent authority must treat that person no less favourably than it would treat a native applicant (within the meaning given in regulation 2 of the 2007 Regulations) providing those services in the United Kingdom in relation to that matter.

(2) Where an individual is providing services on a temporary and occasional basis in Switzerland pursuant to Article 23 of the Swiss citizens’ rights agreement, the appropriate competent authority in the United Kingdom must co-operate with and provide the appropriate competent authority in Switzerland with any information relevant to the legality of the individual’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature, in accordance with the practice information provision.

(3) Where an individual has made or makes an application falling within Articles 31(1) or 32(1) or (5) of the Swiss citizens’ rights agreement to a competent authority in Switzerland for recognition of a professional qualification awarded or recognised by a competent authority in the United Kingdom, the appropriate competent authority in the United Kingdom must—

(a) co-operate with the competent authority or contact point in Switzerland or the individual (as the case may be), in accordance with the general cooperation provision, and

(b) provide information to the competent authority in Switzerland 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.

(4) A competent authority in the United Kingdom must process information for the purposes of paragraphs (2) and (3) in accordance with data protection legislation within the meaning given in section 3(9) (terms relating to the processing of personal data) of the Data Protection Act 2018.

(5) In this regulation—

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

to the extent it applies to the competent authority, regulation 5(2) to (7) (functions of competent authorities in the United Kingdom) of the 2007 Regulations, and

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 competent authority immediately before IP completion day—

Schedule 4A (Directive 2005/36: functions of the General Medical Council) to the Medical Act 1983;

Schedule 4ZA (Directive 2005/36: functions of the General Dental Council) to the Dentists Act 1984;

Schedule 3 (Directive 2005/36: functions of the Nursing and Midwifery Council) to the Nursing and Midwifery Order 2001;

Schedule 3 (the Directive: designation of competent authority etc) to the Pharmacy Order 2010;

“the practice information provision”, in relation to a competent authority, means any of the following provisions which apply to the competent authority—

section 35B(2) of the Medical Act 1983;

section 33C(3) of the Dentists Act 1984;

section 13C(3) of the Opticians Act 1989;

article 22(10) of the Nursing and Midwifery Order 2001;

article 22(10) of the Health Professions Order 2001;

regulation 5(2), (3) and (4) of the 2007 Regulations;

article 50 of the Pharmacy Order 2010;

regulations 25(1)(c) and 26(5)(b)(v) of the Social Workers Regulations 2018;

“relevant savings provision” means any of the following provisions of these Regulations—

paragraph 68 (visiting medical practitioners: saving of old law for up to five years) of Schedule 1;

paragraph 45 (visiting pharmacists and pharmacy technicians: saving of old law for up to five years) of Schedule 2;

paragraph 37 or 38 (visiting dentists or dental care professionals: saving of old law for up to five years) of Schedule 3;

paragraph 28 or 29 (visiting nurses, midwives and nursing associates: saving of old law for up to one year) of Schedule 4;

paragraph 26 (visiting opticians: saving of old law for up to five years) of Schedule 5;

paragraph 16 (visiting osteopaths: saving of old law for up to five years) of Schedule 6;

paragraph 15 (visiting chiropractors: saving of old law for up to five years) of Schedule 7;

paragraph 20 (visiting health professionals: saving of old law for up to five years) of Schedule 8;

paragraph 13 (visiting social workers in Scotland: saving of old law for up to five years) of Schedule 9;

paragraph 14 (visiting social work professionals in Northern Ireland: saving of old law for up to five years) of Schedule 10;

paragraph 12 (visiting social work professionals in England: saving of old law for up to five years) of Schedule 11.

Section 12C Administrative cooperation under the EEA EFTA citizens’ rights agreement

(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—

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—

Schedule 4A to the Medical Act 1983;

Schedule 4ZA to the Dentists Act 1984;

Schedule 3 to the Nursing and Midwifery Order 2001;

Schedule 3 to the Pharmacy Order 2010;

to the extent that they apply to the authority—

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;

regulation 5(3) of the 2015 Regulations.

Section 13 References to the General Systems Regulations

(1) In this regulation “the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015.

(2) In these Regulations (other than in regulation 12C), any reference to the 2015 Regulations (or any provision of those Regulations) includes a reference to the 2007 Regulations (or any provision of those Regulations), so far as the 2007 Regulations—

(a) continue (or before IP completion day, continued) to apply by virtue of—

(i) regulation 78 of the 2015 Regulations;

(ii) regulation 155 of the European Qualifications (Health and Social Care Professions) Regulations 2016, and

(b) after IP completion day, continue to apply under Part 3 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

Section 14 Review of continued recognition of certain European qualifications

(1) The Secretary of State must, after the end of the period of two years beginning with the day on which these Regulations come into force—

(a) carry out a review of the operation of the provisions in paragraph (2) (which concern the recognition to be given to certain European qualifications after IP completion day ), as inserted or amended by these Regulations,

(b) set out the conclusions of the review in the report, and

(c) publish the report.

(2) The provisions are—

(a) sections 21B(1A), (2)(a), (3), (4) (full registration of persons with an overseas qualification) and 21C(2A) (provisional registration of persons with an overseas qualification) of the Medical Act 1983 ,

(b) articles 4(1), (1A) (general practitioners eligible for entry in the general practitioner register), 8(1) (specialists eligible for entry in the specialist register) and 10 (recognised specialist qualifications granted outside the United Kingdom) of the Postgraduate Medical Education and Training Order of Council 2010 ,

(c) article 21(1A) to (1C) (pre-entry requirements in respect of qualifications and additional education, training or experience: pharmacists) of the Pharmacy Order 2010 ,

(d) section 15(2)(a), (2ZA), (2ZB) and (4ZA) (qualification for registration in the dentists register) of the Dentists Act 1984 ,

(e) regulations 9(1) (eligible specialists) and 10 (recognised specialist dental qualifications) of the European Primary and Specialist Dental Qualifications Regulations 1998 , and

(f) article 13(3) to (5) (approved qualifications) of the Nursing and Midwifery Order 2001 .

(3) The report must be published within the period of six months beginning with the day after the end of the period referred to in sub-paragraph (1).

Section 1 Medical Act 1983

The Medical Act 1983 is amended as follows.

Section 2 Medical Act 1983

In section 2 (registration of medical practitioners) , in subsection (2)—

(a) at the end of paragraph (aa), insert “ and ” ;

(b) omit paragraph (d) and the “and” before it.

Section 3

In section 3 (registration by virtue of primary United Kingdom or primary European qualifications) , in subsection (1)(b), after “qualifications” insert “ and has made an application, before IP completion day , for registration under this paragraph or is provisionally registered under section 15A ” .

Section 4

(1) Section 5 (general functions of the General Medical Council in relation to medical education in the United Kingdom) is amended as follows.

(2) Omit subsection (2A).

(3) In subsection (4), omit the definition of “the Directive”.

Section 5

(1) Section 10B (professional traineeships carried out in other relevant European States, etc) is amended as follows.

(2) In the heading, omit “other”.

(3) Before subsection (1), insert—

(A1) This section applies for the purposes of determining whether a person who—

(a) is a national of a relevant European state,

(b) holds a primary United Kingdom qualification, and

(c) has applied, before IP completion day , for registration under section 3(1)(a),

has satisfactorily completed an acceptable programme for doctors who are provisionally registered.

(4) In subsection (1)—

(a) for “an acceptable programme of provisionally registered doctors” substitute “ such a programme ” ;

(b) omit the words from “other” to “qualification,”.

(5) Omit subsection (2).

(6) In subsection (3), for “(1)” substitute “ (A1) ” .

Section 6

(1) Section 14 (alternative requirements as to experience in certain cases) is amended as follows.

(2) Omit subsection (3).

(3) In subsection (4)(a), after “subsection (1)” insert “ in connection with an application for registration under section 3(1)(a) made before IP completion day ” .

Section 7

In section 14A (full registration of EEA nationals etc without certain acquired rights certificates) , in subsection (1), before paragraph (a) insert—

(za) who has made an application for registration under this section before IP completion day ,

Section 8

In section 15A (provisional registration for EEA nationals etc) , in subsection (2), for “his fitness to practise is not impaired” substitute—

(a) the person has made an application, before IP completion day , for registration under this section, and

(b) the person's fitness to practise is not impaired.

Section 9

In section 16 (registration of qualifications), in subsection (2), omit “a primary United Kingdom qualification or”.

Section 10

(1) Section 17 (primary qualifications obtained in other relevant European states) is amended as follows.

(2) In the heading, omit “other”.

(3) In subsection (1), omit “other than the United Kingdom”.

Section 11

Omit section 18 (visiting medical practitioners from relevant European states).

Section 12

(1) Section 19 (full registration of EEA nationals etc by virtue of overseas primary qualifications etc) is amended as follows.

(2) Before subsection (1), insert—

(A1) Subsection (1) applies only in relation to an exempt person—

(a) who has made an application, before IP completion day , for registration under this section, or

(b) who is provisionally registered under section 21.

(3) For subsection (2), substitute—

(2) In this Act “ exempt person ” means—

(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, the medical 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 the medical profession, no less favourably than a national of a relevant European State.

(4) In subsection (3)(a), omit “, other than the United Kingdom,”.

Section 13

(1) Section 19A (full registration of EEA nationals etc by virtue of overseas qualifications accepted by a relevant European State other than the United Kingdom) is amended as follows.

(2) In the heading, omit “other than the United Kingdom”.

(3) In subsection (1), before paragraph (a), insert—

(za) who has made an application for registration under this section before IP completion day ,

Section 14

In section 21 (provisional registration of EEA nationals etc with certain overseas qualifications) , for subsection (2), substitute—

(2) Where a person—

(a) has made an application to the General Council, before IP completion day , to be provisionally registered under this section, and

(b) satisfies the Registrar of the matters specified in paragraphs (a), (aa) and (c) of section 19(1),

the person shall, if the Council think fit so to direct, be provisionally registered under this section.

Section 15

(1) Section 21B (full registration of persons with an overseas qualification) is amended as follows.

(2) In subsection (1)—

(a) at the beginning, insert “ Subject to subsection (1A), ” ;

(b) at the end of paragraph (c), insert “ and ” ;

(c) in paragraph (d), omit “unless he is an exempt person,”;

(d) omit the “and” at the end of paragraph (d);

(e) omit paragraph (e).

(3) After subsection (1), insert—

(1A) Subsection (1)(b) does not apply to a person who makes an application under this section on or after IP completion day in reliance on the holding of a relevant European qualification within subsection (3)(a) or (b).

(1B) Subsection (1C) applies instead of subsection (1) in the case of an exempt person who—

(a) has made an application for registration as a fully registered medical practitioner under this section before IP completion day , or

(b) is provisionally registered under section 21C and made the application for that provisional registration before IP completion day .

(1C) Where the exempt person satisfies the Registrar that—

(a) the person holds, or has passed all the qualifying examinations necessary for obtaining, an acceptable overseas qualification,

(b) where—

(i) the acceptable overseas qualification was, or would have been, granted otherwise than in a relevant European State, and

(ii) that qualification, or the person's having passed those examinations, has not previously been accepted by a relevant European State as qualifying the person to practise as a medical practitioner in that State,

that qualification is, or would have been, evidence of medical training which satisfies the requirements of article 24(1), (2) and (3)(a), (b) and (c) of the Directive (basic medical training),

(c) the person possesses the knowledge, skills and experience necessary for practising as a fully registered medical practitioner in the United Kingdom, and

(d) the person's fitness to practise is not impaired,

the person shall, if the General Council think fit so to direct, be registered under this section as a fully registered medical practitioner.

(4) For subsection (2), substitute—

(2) In this Act, an “ acceptable overseas qualification ” means—

(a) in relation to a person who makes an application for registration on or after IP completion day , a relevant European qualification, or

(b) (whether or not in relation to such a person) any other qualification granted outside the United Kingdom, where that qualification is for the time being accepted by the General Council as qualifying a person to practise as a medical practitioner in the United Kingdom.

(5) After subsection (2), insert—

(3) In this section, “ relevant European qualification ” means—

(a) a primary European qualification under section 17(1)(a) that has not been designated by the General Council for the purposes of this paragraph,

(b) a qualification that is not a primary European qualification under section 17(1)(a) but—

(i) was granted in a relevant European State, and

(ii) demonstrates, in the opinion of the General Council, a comparable level of knowledge, skill and experience to that demonstrated by the means of qualification laid down by section 3(1)(a) (including the programme for provisionally registered doctors), or

(c) a qualification that is not a primary European qualification under section 17(1)(a) and does not fall within paragraph (b) but—

(i) was granted in a relevant European State, and

(ii) demonstrates, in the opinion of the General Council, a comparable level of knowledge and skill to that demonstrated by a primary United Kingdom qualification.

(4) The General Council—

(a) may designate a qualification for the purposes of subsection (3)(a) only with the approval of the Privy Council;

(b) must maintain and publish a list of the qualifications that are so designated.

Section 16

(1) Section 21C (provisional registration of persons with an overseas qualification) is amended as follows.

(2) In subsection (1), after “section 21B(1)(b)” insert “ or (1C)(c) ” .

(3) In subsection (2)(a), for “(d) and (e)” substitute “ and (d) ” .

(4) After subsection (2), insert—

(2A) Subsection (2)(b) does not apply to a person who makes an application under this section on or after IP completion day and who—

(a) has passed all of the qualifying examinations necessary for obtaining (but does not hold) a relevant European qualification within section 21B(3)(a) or (b), or

(b) holds, or has passed all of the qualifying examinations necessary for obtaining, a relevant European qualification within section 21B(3)(c).

(2B) Where an exempt person has made an application to the General Council, before IP completion day , to be provisionally registered under this section and satisfies the Registrar—

(a) of the matters specified in paragraphs (a), (b) and (d) of section 21B(1C) above so far as they are matters of which the Registrar would in the person's case have to be satisfied in order for the person to be eligible to benefit from a direction under that subsection, and

(b) that the person possesses the knowledge and skill requisite for embarking upon an acceptable programme for provisionally registered doctors,

the person shall, if the Council think fit so to direct, be provisionally registered under this section.

Section 17

In section 30 (the registers) , in subsection (1)—

(a) at the end of paragraph (aa) insert “ and ” ;

(b) omit paragraph (d) and the “and” before it.

Section 18

In section 32 (registration fees) , in subsection (5), omit “or in the list of visiting medical practitioners from relevant European States”.

Section 19

In section 34D (the Specialist Register) , omit subsection (5).

Section 20

(1) Section 34G (acquired rights of general practitioners) is amended as follows.

(2) In subsection (1), for “Article 30(1) of the Directive” substitute “ this section ” .

(3) In subsection (2), for the words from “by virtue of” to the end, substitute “ as a general practitioner in the United Kingdom, the Registrar shall issue a certificate for the purposes of enabling that certificate to be recognised in relevant European States. ” .

Section 21

Omit section 34J (minimum requirements for general practice training) .

Section 22

Omit section 34K (minimum requirements for specialist training) .

Section 23

In section 34L (award and withdrawal of Certificate of Completion of Training) , omit subsection (3).

Section 24

(1) Section 40 (appeals) is amended as follows.

(2) Omit subsection (1B).

(3) In subsection (4A), omit “or (1B)”.

(4) In subsection (8)(b), omit the words from “or, in the case” to “amended”.

Section 25

In section 44 (effect of disqualification in another relevant European State on registration in the United Kingdom), in the heading, omit “another”.

Section 26

(1) Section 44B (provision of information in respect of fitness to practise matters) is amended as follows.

(2) In subsection (1), omit “, other than Schedule 2A,”.

(3) In subsection (2)—

(a) in paragraph (a), omit “, other than Schedule 2A,”;

(b) in paragraph (b), omit “otherwise than by virtue of Schedule 2A,”.

(4) Omit subsection (3).

Section 27

In section 44C (indemnity arrangements) , omit subsection (11).

Section 28

In section 46 (fees) , in subsection (2A), omit paragraph (b).

Section 29

Omit section 49B (the Directive: designation of competent authority etc) .

Section 30

(1) Section 55 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) for the definition of “the Directive” substitute—

“ the Directive ” means Directive 2005/36/EC of the European Parliament and of the Council of 7th September 2005 on the recognition of professional qualifications (OJ No L255, 30.09.2005, p 22), and any reference in this Act to the Directive or to any provision of the Directive is a reference to the Directive, or to that provision of the Directive, as it had effect immediately before IP completion day (but see subsections (2) and (3) below);

(b) at the appropriate place insert—

“ 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;

(c) in the definition of “fully registered person”, omit “, or under Schedule 2A as a visiting medical practitioner from a relevant European State,”;

(d) in the definition of “the General Systems Regulations”, at the end insert—

(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 ;

(e) omit the definition of “IMI”;

(f) in the definition of “national”, for “is not” substitute “ was not, immediately before IP completion day ” .

(3) After subsection (1) insert—

(1ZA) For the purposes of this Act an application for registration is made when it is received by the Registrar.

Section 31

In Schedule 1 (the General Medical Council etc) , in paragraph 10, omit “(otherwise than under Schedule 2A)”.

Section 32

Omit Schedule 2A (visiting medical practitioners from relevant European States) .