The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 454
Exiting The European Union
Animals
Veterinary Surgeons
The Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019
Made 5th March 2019
Coming into force in accordance with regulation 1(1)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Veterinary Surgeons and Animal Welfare (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
(2) In these Regulations, “the Act” means the Veterinary Surgeons Act 19662.
PART 2
Amendment and transitional provision regarding the Veterinary Surgeons Act 1966
Amendment of the Act
2.—(1) The Act is amended as follows.
(2) Omit section 1A3(together with the preceding italic heading).
(3) In section 2(2)4—
(a)
(a) in paragraph (a), for “, 4, 5A or 5B” substitute “or 4”;
(b)
(b) in paragraph (e), after “persons”, insert “who, immediately before exit day, were”.
(4) Omit section 3(1)(b)(ii)5(together with the preceding “and”).
(5) Omit section 4(1)(b)6(together with the preceding “and”).
(6) In section 5(1)7, omit the words from “and will” to “that Directive”.
(7) Omit sections 5A and 5B8.
(8) In section 5ZBA(1)9—
(a)
(a) omit “section 5A(1)(e), section 5B(1)(f) and”;
(b)
(b) omit paragraph (b) (together with the preceding “or”).
(9) Omit sections 5BA to 5D10.
(10) In section 611, omit—
(a)
(a) subsection (1)(b)(ii) (together with the preceding “or”);
(b)
(b) subsections (1A) and (6).
(11) Omit sections 7A, 10(3) and 11(7)12.
(12) Omit section 16(1)(d)13(together with the preceding “or”).
(13) In section 2714—
(a)
(a) in the definition of “Commonwealth qualification”, for “not within a relevant European State” substitute “outside the United Kingdom”;
(b)
(b) in the definition of “foreign qualification”, for “neither within a relevant European State nor” substitute “not”;
(c)
(c) omit the following definitions—
(i) “Community rights entitled person”;
(ii) “competent authority”;
(iii) “ Directive 2005/36/EC”;
(iv) “the Directive table”;
(v) “national”;
(vi) “registration appeals committee”;
(vii) “relevant European State”.
(14) Omit Schedules 1A and 1B15.
Applications under the Act: transitional provision
3.—(1) This regulation applies where before exit day an application under section 5A of the Act has been made but not determined.
(2) The provisions of the Act continue to apply to that application as if the Act were not amended by regulation 2 of these Regulations, but as if in section 27—
(a)
(a) for the definition of “Community rights entitled person” there were substituted—
““Community rights entitled person” means—
(a) a person who on the day before exit day was a national of a relevant European State,
(b) a person who on the day before exit day fell to be treated as a national of the United Kingdom for the purposes of the EU Treaties and who was seeking access to, or was pursuing, the profession of veterinary surgeon by virtue of an enforceable EU right, or
(c) a person who on the day before exit day was not a national of a relevant European State but who was, by virtue of an enforceable EU right, entitled to be treated, for the purposes of access to and pursuit of the profession of veterinary surgeon, no less favourably than a national of a relevant European State,
but does not include a person who on the day before exit day was, by virtue of Article 2 of Protocol 3 to the Treaty of Accession (Channel Islands and Isle of Man), not entitled to benefit from EU provisions relating to the free movement of persons and services;;”;
(b)
(b) in the definitions of “ Directive 2005/36/EC” and “the Directive table”, for “amended from time to time” there were substituted “it applied on the day before exit day”;
(c)
(c) for the definition of “national” there were substituted—
““national”, in relation to a relevant European State, includes any person who on the day before exit day was, by virtue of any enforceable EU right, entitled to be treated, for the purposes of access to the veterinary profession, no less favourably than a national of such a State, but does not include a person who, by virtue of Article 2 of Protocol 3 to the Treaty of Accession (Channel Islands and Isle of Man), was not entitled to benefit from EU provisions relating to the free movement of persons and services;”.
Applications under the European Union (Recognition of Professional Qualifications) Regulations 2015: transitional provision
4.—(1) This regulation applies where before exit day an application under Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 201516has been made but not determined.
(2) The provisions of the Act continue to apply to that application as if the Act were not amended by regulation 2 of these Regulations, but as if—
(a)
(a) in section 5B(1)—
(i) for paragraph (b) there were substituted—
“(b)
“(b) on the day before exit day—
(i) the person’s case fell within regulation 3(8)(a), (c) or (e) of the European Union (Recognition of Professional Qualifications) Regulations 2015, and
(ii) regulations 27 to 34 of those Regulations applied to the person by reason of the operation of regulation 3(5) of those Regulations;”;
(ii) paragraph (c) were omitted;
(iii) for paragraph (d) there were substituted—
“(d)
“(d) the person—
(i) on the day before exit day was permitted to pursue the profession of veterinary surgeon in the United Kingdom by virtue of Part 3 of the European Union (Recognition of Professional Qualifications) Regulations 2015 (having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the person may be required to undertake pursuant to that Part of those Regulations), or
(ii) is permitted to pursue the profession of veterinary surgeon in the United Kingdom by virtue of the operation of paragraph 43 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 201917(having, in particular, successfully completed any adaptation period, or passed any aptitude test, that the person may be required to undertake pursuant to Part 3 of the European...
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