Draft Affirmative
Laid on: 06 December 2018
The European Qualifications (Pharmacists) (Amendment etc.) (EU Exit) Regulations (Northern Ireland) 2018 amends the Pharmacy Order 1976 (the 1976 Order) and makes transitional and savings provisions, in reliance on the powers conferred by section 8(1) and paragraph 21 of schedule 7 of the European Union (Withdrawal) Act 2018.
The European Union Directive 2005/36/EC on the recognition of profession qualifications (“the Directive”) sets out a reciprocal framework of rules for the recognition of professional qualifications. This enables European Economic Area and Swiss nationals to have their professional qualifications recognised and gain access to the regulated profession in which they are qualified in another EEA State in order to work on a permanent or temporary basis.
Following the UK’s exit from the EU, the Directive and Treaty rights (Treaty on the Functioning of the European Union) will no longer apply to the UK. Therefore, domestic legislation implementing the Directive, including the 1976 Order, will not operate effectively after exit day. Some areas of the legislation will be inoperable as a consequence of exiting the EU and it will no longer be appropriate to retain other areas given that they are based on a reciprocal relationship with the EU.
The Government wishes to retain some of the framework for the recognition of professional qualifications to enable EEA qualified professionals to continue to practise in the UK.
This instrument amends the 1976 Order to ensure that a system of recognition of professional qualifications continues and that individuals with EEA qualifications will have a means to seek recognition of their qualifications after exit day.
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