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

[F1Swiss dentists qualifying outside the United Kingdom: saving of old lawU.K.

35A.—(1) Where an application for registration in the dentists register is received from a Swiss dentist before the end of the Swiss recognition period, any provision made by or under the 1984 Act, or by the 1998 Regulations, continues to apply in relation to the application (including any appeal arising from it) without the amendments that Part 1 of this Schedule makes to the establishment provisions (but subject to the modifications to the 1984 Act and the 1998 Regulations specified in sub-paragraphs (3) and (4)).

(2) The reference in sub-paragraph (1) to “the establishment provisions” is a reference to the provisions of the following enactments—

(a)the 1984 Act (other than sections 14(1A), 19(1) and (1A), 26A(11), 34AA and 36, paragraph 2(1)(l) of Schedule 2A, and Schedule 4);

(b)the 1998 Regulations (other than regulations 8(2)(e), (2A) and (2B) and 14(1)(bc)).

(3) The modifications to the 1984 Act mentioned in sub-paragraph (1) are—

(a)section 14(1A) is to be read as if paragraph (c) were omitted;

(b)section 15 is to be read as if—

(i)in subsections (1)(b) and (ba), for “any exempt person” there were substituted “any Swiss dentist”;

(ii)in subsection (4A), for “an exempt person” there were substituted “a Swiss dentist”;

(iii)for subsection (4BD), there were substituted—

“(4BD) In subsections (4B) to (4BC), the “attesting State”, in relation to A, is Switzerland.”;

(c)section 15A(7) is to be read as if for “an exempt person” there were substituted “a Swiss dentist”;

(d)section 16 is to be read as if—

(i)in subsection (2A)—

(aa)in the words before paragraph (a), for “an exempt person” there were substituted “a Swiss dentist”;

(bb)for paragraph (b), there were substituted—

“(b)if the person holds a dental qualification—

(i)which was granted otherwise than in a relevant European State or the United Kingdom, and

(ii)has been recognised by a competent authority in Switzerland pursuant to Article 2(2) of the Directive as qualifying the person to practise as a dentist in Switzerland,

shall take that acceptance into account; and”;

(ii)subsection (2B) were omitted;

(e)section 17(3A) is to be read as if—

(i)for “an exempt person” there were substituted “a Swiss dentist”;

(ii)for the words from “a relevant” to the end there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive, of the Swiss dentist’s right to practise as a dentist in Switzerland”;

(f)section 18(2A) is to be read as if—

(i)in the words before paragraph (a), for “An exempt person” there were substituted “A Swiss dentist”;

(ii)in paragraph (a), for “a relevant European State” there were substituted “the United Kingdom or Switzerland”;

(iii)in paragraph (b), for the words from “a relevant European State” to the end there were substituted “the United Kingdom or Switzerland, the enforceable EU right by virtue of which A is a Swiss dentist”;

(g)section 53(1) is to be read as if—

(i)in the definitions of “the Directive” and “Directive 2002/58/EC”, for the words “as amended from time to time”, there were substituted “as it had effect immediately before IP completion day”;

(ii)in the definition of “the General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(iii)there were inserted at the appropriate place—

““Swiss dentist” has the meaning given in paragraph 35A(5) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”;

(h)Schedule 2A is to be read as if in paragraph 2(1)(ab) for “an exempt person” there were substituted “a Swiss dentist”.

(4) The modifications to the 1998 Regulations mentioned in sub-paragraph (1) are—

(a)regulation 2(1) is to be read as if—

(i)in the definition of “competent authority”, for “a relevant European State” there were substituted “Switzerland”;

(ii)in the definitions of “the Directive” and “Directive 2002/58/EC”, for the words “as amended from time to time”, there were substituted “as it had effect immediately before IP completion day”;

(iii)in the definition of “General Systems Regulations”, at the end, there were inserted “as (and only to the extent that) they have effect, after IP completion day, in relation to an entitlement which arises in relation to a relevant qualification (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019)”;

(iv)there were inserted at the appropriate place—

““Swiss dentist” has the meaning given in paragraph 35A(5) of Schedule 3 to the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019;”;

(b)regulation 8(2)(c) is to be read as if for “an exempt person” there were substituted “a Swiss dentist”;

(c)regulation 9 is to be read as if—

(i)in paragraph (1)(a) for “an exempt person” there were substituted “a Swiss dentist”;

(ii)in paragraph (2)—

(aa)“Subject to paragraph (2A),” were omitted;

(bb)for “a person”, there were substituted “A person”;

(iii)paragraph (2A) were omitted;

(iv)in paragraph (3)—

(aa)in the words before sub-paragraph (a), for “an exempt person” there were substituted “a Swiss dentist”;

(bb)in sub-paragraph (b)(ii), for the words from “a relevant European State” to “Kingdom”, there were substituted “Switzerland, in accordance with its national rules as permitted by Article 2(2) of the Directive,”;

(d)regulation 9A is to be read as if—

(i)in paragraph (1), in the words before sub-paragraph (a), for “An exempt person”, there were substituted “A Swiss dentist”;

(ii)in paragraph (2)(a) for the words from “in the” to the end, there were substituted “in Switzerland”;

(iii)in paragraph (3), for “an exempt person”, there were substituted “a Swiss dentist”;

(e)regulation 13(2)(a), is to be read as if for “a relevant European State, other than the United Kingdom”, there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive”.

(5) In this paragraph—

“registration application” means an application for registration in the dentists register;

“Swiss dentist” means a qualifying applicant who had not, before IP completion day, made a registration application (other than an application for registration under Schedule 4 to the 1984 Act).]