SCHEDULES

Regulation 8

SCHEDULE 7U.K.Chiropractors

PART 1U.K.Amendments to legislation

InterpretationU.K.

1.  In this Schedule, “the 1994 Act” means the Chiropractors Act 1994 M1.

Chiropractors Act 1994U.K.

2.  The 1994 Act is amended as follows.

3.  Omit section 5A (registration of visiting European chiropractors) M2.U.K.

4.  In section 6 (supplemental provision about registration) M3—U.K.

(a)in subsection (1)(a), for “, provisional or temporary” substitute “ or provisional ”;

(b)in subsection (2), for “Subject to subsection (4A), the” substitute “ The ”;

(c)omit subsection (4A);

(d)in subsection (5), omit “, except in the case of temporary registration,”;

(e)omit subsection (6).

5.  In section 8 (restoration to the register) M4, in subsection (8), for “, provisionally registered chiropractors or temporarily registered chiropractors” substitute “ or provisionally registered chiropractors ”.U.K.

6.  In section 14 (recognition of qualifications) M5—U.K.

(a)after subsection (2), insert—

“(2A) A qualification that—

(a)was granted by an institution in a relevant European State, and

(b)is, in the opinion of the General Council, evidence of having reached a standard of proficiency comparable to that evidenced by a qualification recognised under subsection (2),

is to be treated for the purposes of this Act as if it were so recognised.”;

(b)in subsection (3), after “qualification”, where it first occurs, insert “ (not being one to which subsection (2A) applies) ”;

(c)omit subsections (10) and (11).

7.  In section 17 (post registration training) M6, omit subsections (2A) to (2D).U.K.

8.  In section 29 (appeals against decisions of the Registrar) M7, omit subsection (1)(ba).U.K.

9.  Omit section 29A (appeals against decisions of the General Council) M8.U.K.

10.  In section 37 (indemnity arrangements) M9, omit subsection (2).U.K.

11.  In section 43 (interpretation) M10—U.K.

(a)omit the definitions of “exempt person”, “the General Systems Regulations”, and “temporarily registered chiropractor”;

(b)in the definition of “registered chiropractor”, for the words after “conditionally registered chiropractor” substitute “ or as a provisionally registered chiropractor ”.

General Chiropractic Council (Registration) Rules 1999U.K.

12.  In the General Chiropractic Council (Registration) Rules 1999 M11—

(a)in rule 2 (interpretation), omit paragraph (2A);

(b)in rule 3 (form of register), in paragraph (4)(a), for “, provisionally registered and temporarily” substitute “ and provisionally ”;

(c)in rule 6 (certificates), in paragraph (2), for “, provisionally or temporarily” substitute “ or provisionally ”.

General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002U.K.

13.  In the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002 M12—

(a)in rule 2 (interpretation), omit the definition of “the Directive”;

(b)for the heading of Part 2 substitute “ Applications by chiropractors with foreign qualifications ”;

(c)in rule 4 (application of Part 2)—

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

(ii)omit paragraph (c) and the “and” before it;

(d)in rule 5 (treatment of foreign qualifications)—

(i)in paragraphs (1) and (2), omit “, subject to paragraph (3),”;

(ii)omit paragraph (3);

(e)in rule 6 (required standard of proficiency)—

(i)in paragraph (1), for “Subject to paragraph (1A), in” substitute “ In ”;

(ii)omit paragraph (1A);

(f)omit Part 3 (chiropractors entitled to be authorised under EU law);

(g)in the Schedule, omit Form B.

PART 2U.K.Savings and transitional provision

Pending applicationsU.K.

14.—(1) Where an application for entry in, or restoration to, the register kept under the 1994 Act is received before [F1IP completion day], any provision made by or under that Act continues to apply in relation to the application (including any appeal arising from it) without the amendments made by Part 1 of this Schedule.

(2) Where section 14(10) of the 1994 Act continues to apply by virtue of sub-paragraph (1), the reference in that subsection to EU or Community law is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11)).

[F2Swiss chiropractors qualifying outside the United Kingdom: saving of old lawU.K.

14A.—(1) Where a registration application is received from a Swiss chiropractor before the end of the Swiss recognition period, any provision made by or under the 1994 Act 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 that Act and the 2002 Rules 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 1994 Act (other than sections 5A, 6(1), (2), (4A), (5) and (6), 8(8), 17(2A) to (2D), 29(1)(ba), 29A (other than subsection (2)(c)) and 37(2));

(b)the 2002 Rules (other than rules 2(2A), 3(4)(a) and 6(2)).

(3) The modifications to the 1994 Act are—

(a)in section 14(10), in both places where it occurs, “EU law” is to be read as a reference to Part 3 of the General Systems Regulations (and the section is accordingly to be read with the omission of subsection (11));

(b)section 43 is to be read as if, 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)”.

(4) The modifications to the 2002 Rules mentioned in sub-paragraph (1) are—

(a)rules 5(3), 6(1A) and 11(1) are to be read as if for each reference to “an exempt person” there were substituted “a Swiss chiropractor”;

(b)rule 6(1A)(b)(ii) is to be read as if for “a relevant European State” there were substituted “a competent authority in Switzerland pursuant to Article 2(2) of the Directive”;

(c)rule 11 is to be read as if for paragraph (6) there were substituted—

“(6) In paragraphs (2) to (5), the “attesting State” in relation to A, is Switzerland.”.

(5) In this paragraph—

“the 2002 Rules” means the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002;

“registration application” means an application for entry in the register maintained under the 1994 Act;

“Swiss chiropractor” means a qualifying applicant who had not, before IP completion day, made a registration application.]

Visiting chiropractors: saving of old law for up to [F3five years] U.K.

15.—(1) Where—

(a)a person had, immediately before [F4IP completion day], the benefit of regulation 12 of the European Union (Recognition of Professional Qualifications) Regulations 2015 in respect of the provision by that person of services as a chiropractor (and section 5A(3) of the 1994 Act accordingly applied to the person), and

(b)the person continues to have that benefit on or after [F5IP completion day],

any provision made by or under the 1994 Act continues to apply in relation to the provision of those services by that person without the amendments that Part 1 of this Schedule makes to the provisions relating to visiting chiropractors from relevant European states [F6(but subject, in the case of a relevant applicant, to the modifications to the 1994 Act specified in sub-paragraph (4))].

[F7(1A) But a relevant applicant in relation to whom sub-paragraph (1) applies may only provide services as a chiropractor for a period not exceeding 90 days in total in any calendar year.]

(2) Sub-paragraph (1) ceases to apply in relation to a visiting chiropractor—

(a)if the chiropractor is registered as required by section 5A(3) of the 1994 Act, when his or her name is removed under section 5A(6) of the Act;

(b)otherwise, when the chiropractor's entitlement ceases by reason of the operation of section 5A(5) of the Act.

[F8(2A) Sub-paragraph (2) does not apply in the case of a Swiss visiting chiropractor.

(2B) But a Swiss visiting chiropractor’s entitlement does not continue (or further continue) under section 5A of the 1994 Act on or after the end of the visiting practitioner transitional period.

(2C) In this paragraph, “Swiss visiting chiropractor” means a visiting chiropractor who—

(a)is a national of the United Kingdom or is a Swiss national, or

(b)is 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 the chiropractor profession, no less favourably than a national of the United Kingdom or Switzerland.]

(3) The reference in sub-paragraph (1) to “the provisions relating to visiting chiropractors from relevant European states” is to the provisions listed in the following table.

[F10(4) The modifications to the 1994 Act mentioned in sub-paragraph (1) are—

(a)section 5A(1) is to be read as if for the words from “an exempt” to the end there were substituted “a relevant applicant (within the meaning given in regulation 1A of the European Qualifications (Health and Social Care Professions) (Amendment etc.) (EU Exit) Regulations 2019) (“V”) who is lawfully established as a chiropractor in Switzerland (“State A”)”;

(b)section 17(2D) is to be read as if for the words from “the relevant” to “chiropractor” there were substituted “Switzerland”.]

IMI alertsU.K.

16.—(1) Where an alert has been sent by the General Chiropractic Council before [F11IP completion day] under regulation 67 of the European Union (Recognition of Professional Qualifications) Regulations 2015, the decision to send the alert continues to be appealable for the purposes of section 29A of the 1994 Act (subject to the provisions of that Act) despite the repeal of section 29A(2)(c).

(2) In disposing of such an appeal, the powers of the court or sheriff are, instead of those set out in section 29A(3) of the 1994 Act, to—

(a)dismiss the appeal, or

(b)allow the appeal F12...,

and to make such order as to costs (or, in Scotland, expenses) as the court (or sheriff) thinks fit.

Interpretation of saved provisionsU.K.

17.  Where a provision continues to apply by virtue of this Part, it is to be read as if—

(a)in section 43 of the 1994 Act—

(i)there were inserted at the appropriate place—

““enforceable EU right” means a right recognised and available in domestic law, immediately before [F13IP completion day], by virtue of section 2(1) of the European Communities Act 1972;”;

(ii)in the definition of “exempt person”—

(aa)for paragraphs (a) to (c) there were substituted—

“(a)a person who, immediately before [F14IP completion day], was a national of a relevant European State,

(b)a person who, immediately before [F14IP completion day], was a national of the United Kingdom and, at that time, was seeking access to, or pursuing, the profession of chiropractic by virtue of an enforceable EU right, or

(c)a person who, immediately before [F14IP 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 profession of chiropractic, no less favourably than a national of a relevant European State;”;

(bb)in the words after paragraph (c), for “is not” there were substituted “ was not, immediately before [F14IP completion day]”;

(iii)in the definition of “General Systems Regulations” [F15(other than in that definition as it is saved by paragraph 14A)], at the end there were inserted—

“(a)in relation to anything done before [F16IP completion day], as they had effect at that time;

(b)otherwise, as (and only to the extent that) they have effect, on or after [F16IP completion day], in relation to an entitlement which arose before [F16IP completion day] or arises as a result of something done before [F16IP completion day];”;

(b)in the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules 2002—

(i)in rule 2, in the definition of “the Directive”, for “as amended from time to time” there were substituted “as it had effect immediately before [F17IP completion day]”;

(ii)in rules 11(1) and 12, the references to the Directive applying or not applying to a case were references to the case falling within or outside the Directive;

(c)in any reference to a relevant European State other than the United Kingdom, the words “other than the United Kingdom” were omitted.