Guidance
Providing services including those of a qualified professional if there's no Brexit deal
How professions and services will be regulated and the SOLVIT problem solving service will work if the UK leaves the EU with no deal.
Documents
Details
If the UK leaves the EU without a deal on 31 October 2019 the requirements for how professional qualifications will be recognised, services will be regulated and the SOLVIT problem solving service will work, will change.
This notice explains the future arrangements for how services will be regulated in a ‘no deal scenario’.
Actions for businesses and other stakeholders
- UK competent authorities will be able to regulate European Economic Area (EEA) service providers in the same way they regulate third countries’ service providers. Non-UK service providers should contact the relevant competent authority to understand if future changes or additional requirements apply
- The UK will move from operating under a single EEA umbrella for services regulation to navigating different sets of member state rules. UK businesses will need to check Member States’ services regulation to understand how best to operate under third country status
- EEA and Swiss nationals arriving in the UK with EEA or Swiss qualifications after exit day who are seeking recognition of their qualifications will be subject to a new system of recognition and should contact the relevant regulator
- UK nationals seeking recognition to work in regulated professions in the EEA or Switzerland should check the host state’s policies. The European Commission has stated that decisions on the recognition of UK qualifications in EU countries before exit day are not affected and has published guidance to this effect in the Commission’s Brexit Professional Qualification Preparedness Notice
- Lawyers established in the UK under their EEA or Swiss professional qualification, will have until December 2020 to either transfer to UK title, or alter their business model accordingly
- Employers of Registered European Lawyers providing services in England/Wales and Northern Ireland will need to consider whether their employees will provide regulated (‘reserved’) legal activities. If so, they will need to take steps to make sure their employee can continue providing those services, for example by transferring into the profession of the relevant UK jurisdiction, or working under the supervision of a lawyer qualified to undertake those activities, subject to regulatory rules
- UK nationals, whether on a short term ‘fly in, fly out’ basis, longer term movement, or placements within other parts of the business, should check whether a visa and/or work permit is required. They will also need to comply with the immigration controls in place in each Member State where the service is being provided in person. This would vary depending on the Member State in question
- As the UK SOLVIT Centre will close, there are implications for UK citizens and businesses. UK citizens and businesses will have to raise concerns directly with the competent authorities of the relevant EEA State. EEA nationals and businesses will have to raise concerns directly with UK national authorities
More information
The government has prepared legislation to update:
- the Recognition of Professional Qualification Regulations - Legislation / Explanatory Memorandum (this will be supplemented by sector specific legislation to cover certain professions)
- the Services of Lawyers and Lawyer’s Practice - Legislation / Explanatory Memorandum
- the Provision of Services Regulations - Legislation, / Explanatory Memorandum