“Directive-rights national” means—

but does not include a person who, by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession, is not to benefit from Community provisions relating to the free movement of persons and services;(13);”(13);

(c) for the definition of “disqualifying decision in another EEA State” substitute—

““disqualifying decision”, in relation to any person, means a decision which—

(d) omit the definitions of “EEA State”, “list of visiting EEA architects” and “national”;

(e) after the definition of “the Registrar” insert—

““relevant European State” means an EEA State;” and

(f) omit the word “and” at the end of the definition of “suspension order”, and after that definition insert—

““third country” means a country other than a relevant European State; and”.

(2) Omit section 25(2)(14).

The Board and its committees

23.  In Schedule 1 (the Board and its committees)—

(a) for “registered persons” in paragraph 2(3) substitute “persons registered in Part 1 of the Register”;

(b) for “registered person” in paragraphs 3(2), 6(1), 15(1A)(a) and (2)(15) substitute “person registered in Part 1 of the Register”; and

(c) for “registered persons,” in paragraph 13(d)(16) substitute “persons registered in Part 1 of the Register”.

Transitional provisions

24.—(1) If immediately before 20th June 2008 a person is—

(a) enrolled on the list of visiting EEA architects, the person is entitled as from 20th June 2008 to be registered in Part 2 of the Register of Architects; or

(b) registered in the Register of Architects, the person is entitled as from 20th June 2008 to be registered in Part 1 of the Register of Architects.

(2) Where an application—

(a) to be registered in the Register of Architects, or

(b) to be enrolled on the list of visiting EEA architects,

is made before 20th June 2008 but is not determined before that day, the Registrar of Architects shall deal with the application according to the rules in force when the application was made.

(3) If an application to which paragraph (2)(a) applies is successful, the Registrar of Architects shall register the applicant in Part 1 of the Register of Architects, and shall inform the applicant that he has done so.

(4) If an application to which paragraph (2)(b) applies is successful, the applicant is entitled, as from the time when the decision on the application takes effect, to be registered in Part 2 of the Register of Architects.

(5) The Registrar of Architects shall give effect to entitlement under paragraph (1) or (4), and shall inform the person concerned of the registration.

(6) For the purposes of paragraphs 4, 5(5) and 6 to 8 of Schedule 1A to the Architects Act 1997, entitlement under paragraph (1)(a) or (4) of this regulation shall be treated as entitlement under that Schedule that ceases, by operation of provisions of that Schedule, at the end of the period (or at the end of the latest of the periods) for which the person would (apart from these Regulations) have been enrolled on the list of visiting EEA architects.

(7) Paragraph 4(8)(b) of that Schedule shall apply in relation to renewal of entitlement under paragraph (1)(a) or (4) of this regulation—

(a) as if before “substantiates” there were inserted “either has never previously been supplied to the Registrar or”, and

(b) with the omission of “(whether under paragraph 3 or this paragraph)”.

Revocation

25.  In the Architects’ Qualifications (EC Recognition) Order 2002(17), the following are revoked—

(a) Articles 3, 5 and 6(2), and

(b) in Article 6(1), the words “(which becomes subsection (1))”.

Savings

26.—(1) In this regulation—

“the old law” means the Architects Act 1997 as it stood immediately before the coming into force of these Regulations;

“the Register” means the Register of Architects;

“the saved law” means the old law as saved by paragraph (2);

“the Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002(18).

(2) The old law continues (despite the amendments and revocations made by these Regulations) to have effect for the purpose of implementing the Swiss Agreement so far as that Agreement relates to Directive 85/384/EEC(19), but this is subject to paragraphs (3) and (4).

(3) The saved law has effect with the following modifications—

(a) modifications corresponding to the amendments made by regulations 5, 11, 12(a), 13(a), 15, 17, 18, 19(a) and (b) and 23;

(b) the omission of section 12(1) of the saved law;

(c) as if references in the saved law to the list of visiting EEA architects were references to Part 2 of the Register and as if references in the saved law to enrolment on that list were to registration in that Part;

(d) as if section 20(5) of the saved law said—

“(5) A person registered in Part 2 of the Register may practise or carry on business under a name, style or title containing the word “architect” while visiting the United Kingdom during the period, and in respect of the services, for which the person’s registration is effective.”; and

(e) as if in section 25(2) of the saved law “any” were substituted for the words from “a right conferred” to “any other”.

(4) If entitlement to be registered in the Register arises under section 4 or 5 of the saved law on or after 20^th June 2008, effect is to be given to the entitlement by registering the person concerned in Part 1 of the Register.

(5) Regulation 24 has effect subject to paragraph (2), so that (in particular)—

(a) if a person having an entitlement under regulation 24(1) would not have been registered or enrolled before 20^th June 2008 but for the Swiss Agreement (and any enactment implementing that Agreement), or

(b) if a successful application to which regulation 24(2) applies would not have been successful but for that Agreement (and any enactment implementing it),

the registration of the person or applicant in Part 1 or 2 of the Register takes effect under the saved law (and regulation 24(6) and (7) therefore cannot apply in the particular case).