The Provision of Services (Amendment etc.) (EU Exit) Regulations 2018

JurisdictionUK Non-devolved
CitationSI 2018/1329
(1) These Regulations may be cited as the Provision of Services (Amendment etc.) (EU Exit) Regulations 2018 and come into force on exit day.(2) Any amendment or revocation made by these Regulations has the same extent as the provision to which the amendment or revocation relates.
  • The Provision of Services Regulations 2009
  • In regulation 3(3) , for “Parts 3 to 6” substitute
  • In regulation 4, omit the definition of “the Services Directive”.
  • in sub-paragraph (b) , for “EU rules” substitute “ retained EU law ” ;omit “in accordance with EU law”;after “State aid rules” insert “ in retained EU law ”.in sub-paragraph (a) , for “an EEA state or who otherwise benefits from rights conferred by EU acts” substitute “ the United Kingdom ”;for sub-paragraph (b) substitute—
    • (b) a business undertaking established in the United Kingdom.
    .
    a business undertaking established in the United Kingdom.(3) For regulation 5(4) substitute—
    • (4) Nothing in Parts 3 and 6 to 8 applies in relation to a provider of a service who is not—
    • (a) established in the United Kingdom, and
    • (b) either—(i) an individual who is a national of the United Kingdom, or(ii) a business undertaking.
    established in the United Kingdom, andan individual who is a national of the United Kingdom, ora business undertaking.(4) In regulation 5, after paragraph (4) insert—
    • (5) In paragraphs (3) (b) and (4) (b) (ii) , “business undertaking” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association, engaged in activities for the purpose of trading for profit, incorporated or formed under the law of any part of the United Kingdom.
    .
    In paragraphs (3) (b) and (4) (b) (ii) , “business undertaking” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association, engaged in activities for the purpose of trading for profit, incorporated or formed under the law of any part of the United Kingdom.(1) In regulation 6(1) , omit “, 5”.in sub-paragraph (a) , after “enactment” insert “ other than retained direct EU legislation ” ;for sub-paragraph (a) (ii) substitute—
      (ii) immediately before F11IP completion day, the provision implemented an EU obligation, and
    ;
    immediately before F11IP completion day, the provision implemented an EU obligation, andin sub-paragraph (b) , for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;for sub-paragraph (b) (ii) substitute—
      (ii) immediately before F12IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.
    .
    immediately before F12IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.(3) In regulation 6(3) , omit “or 4”.in sub-paragraph (a) , after “enactment” insert “ other than retained direct EU legislation ”;in sub-paragraph (b) , for “a directly applicable EU instrument” substitute “ retained direct EU legislation ”;for sub-paragraph (b) (ii) substitute—
      (ii) immediately before F13IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.
    .
    immediately before F13IP completion day, the provision was contained in an EU instrument that came into force before these Regulations were made.
  • omit sub-paragraph (f) ;
  • in sub-paragraph (g) , after “assessment” insert
  • in sub-paragraph (h) , for “the professional title and the EEA state in which that title has been granted” substitute
  • In regulation 9(1) (b) , omit “in the EEA state in which the provider is established”.
  • in paragraph (1) , omit “except as specified in paragraph (2) ”;
  • omit paragraph (2) .
  • (1) Omit regulation 14(2) (a) .in sub-paragraph (a) , for “implementing an EU obligation” substitute “ other than retained direct EU legislation which, immediately before F14IP completion day, implemented an EU obligation ”;for sub-paragraph (b) substitute—
    • (b) a provision of retained direct EU legislation which, immediately before F14IP completion day, was contained in an EU instrument that came into force before these Regulations were made.
    .
    a provision of retained direct EU legislation which, immediately before F14IP completion day, was contained in an EU instrument that came into force before these Regulations were made.(1) Omit regulation 15(2) (a) .(2) In regulation 15(3) (a) , omit “or in another EEA state”.
  • In regulation 17(4) , for “EU law” substitute
  • (1) In regulation 21(1) , omit sub-paragraphs (a) – (d) and (g) .(2) Omit regulation 21(4) .in paragraph (i) , after “covered by” insert “ retained EU law which, immediately before F15IP completion day, implemented an obligation under ”;in paragraph (ii) , for “EU instruments” substitute “ retained EU law ”.(2) Omit regulation 22(3) (a) .(3) In regulation 22(5) , omit “, in accordance with EU law,”.
  • Omit Part 4.
  • Omit Part 5.
  • (1) In regulation 31(3) (a) , for “another EU instrument” substitute “ other retained EU law ”.(2) Omit regulation 31(5) (a) – (e) .(3) For regulation 31(5) (h) substitute—
    • (h) regulations 61(1) , 61(4) and (5) and 63 of the Public Contracts (Scotland) Regulations 2015;
    .
    regulations 61(1) , 61(4) and (5) and 63 of the Public Contracts (Scotland) Regulations 2015;(4) For regulation 31(5) (k) substitute—
    • (k) regulations 38, 39 and 40 of the European Union (Recognition of Professional Qualifications) Regulations 2015.
    .
    regulations 38, 39 and 40 of the European Union (Recognition of Professional Qualifications) Regulations 2015.
  • Omit regulation 33.
  • Omit regulation 34(3) (a) .
  • Omit Part 9.
  • Omit regulation 46.
  • The Provision of Services (Insolvency Practitioners) Regulations 2009
  • (1) Schedule 2 of the Insolvency Practitioner Regulations 2005 (2) In the heading of paragraph 2A, omit “or professional liability insurance”.(3) In paragraph 2A, omit sub-paragraph (b) and the “or” preceding it.(4) Omit paragraphs 8A to

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