The European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019
| Jurisdiction | UK Non-devolved |
(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day.(3) Any amendment, repeal or revocation made by these Regulations has the same extent as the provision amended, repealed or revoked.(1) In these Regulations—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;
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“qualifying applicant” means an individual—
- (a) 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,
- (b) 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,
- (c) who has obtained a relevant qualification,
- (d) 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
- (e) 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;
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“relevant applicant” means an individual—
- (a) who provides services in a regulated profession in the United Kingdom on a temporary and occasional basis on the basis of an existing contract,
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(b) who began providing, or begins to provide, the services mentioned in paragraph (a) , either—
- (i) before IP completion day, in an employed or self-employed...
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