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(1)In this Act—
“appropriate national authority” has the meaning given by section 16;
“data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
“legislation” means primary legislation, subordinate legislation and [F1assimilated direct] legislation;
“modify” includes amend, repeal or revoke;
“overseas experience” means experience obtained mainly outside the United Kingdom;
“overseas qualification” means a qualification issued by a body that is based outside the United Kingdom;
“part of the United Kingdom” means England, Wales, Scotland or Northern Ireland;
“primary legislation” means—
an Act of Parliament,
an Order in Council made in exercise of Her Majesty’s Prerogative,
an Act or Measure of Senedd Cymru,
an Act of the Scottish Parliament, or
Northern Ireland legislation;
“profession” includes—
an occupation or trade, and
any subdivision of, or distinct specialism within, a profession;
“qualification” means any record, issued by a body whose ordinary activities include the issuing of such records, of having attained a particular standard following a course of study or training;
“regulated profession” means a profession that is regulated by law in the United Kingdom or a part of it (see subsection (3));
“regulator”, in relation to a regulated profession, means a person having functions under legislation that relate to the regulation of the profession in the United Kingdom or, as the case may be, in a part of it in which the profession is regulated by law (see subsection (3));
“specified” means specified in regulations;
“subordinate legislation” means an instrument made under primary legislation or under [F1assimilated direct] legislation;
“UK experience” means experience obtained mainly in the United Kingdom;
“UK qualification” means a qualification issued by a body that is based in the United Kingdom.
(2)In this Act, a reference to entitlement to practise a profession includes a reference to entitlement to—
(a)undertake activities that comprise the practice of the profession,
(b)use a particular title associated with the practice of the profession, or
(c)be registered, licensed or similarly authorised, where that is required to undertake such activities or use such a title.
(3)For the purposes of this Act, a profession is regulated by law in the United Kingdom, or in a part of it, if by reason of legislation—
(a)individuals are entitled to practise the profession in the United Kingdom, or in that part of it, only if they have certain qualifications or experience, or
(b)individuals are entitled to practise the profession in the United Kingdom, or in that part of it, only if—
(i)they have certain qualifications or experience, or
(ii)they meet an alternative condition or requirement.
(4)For the purposes of this Act, a body is based—
(a)where its registered office is,
(b)if it does not have a registered office, where its head office is, or
(c)if it does not have a registered office or a head office, where its principal place of operation is.
Textual Amendments
F1Words in s. 19(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 103(3)
Commencement Information
I1S. 19 in force at Royal Assent, see s. 21(1)(f)
This Act extends to England and Wales, Scotland and Northern Ireland.
Commencement Information
I2S. 20 in force at Royal Assent, see s. 21(1)(f)
(1)The following provisions come into force on the day on which this Act is passed—
(a)sections 1 to 4;
(b)section 5(2);
(c)section 6;
(d)section 8 so far as it confers power to make regulations;
(e)section 10 so far as it confers power to make regulations;
(f)sections 12 to 20;
(g)this section;
(h)section 22.
(2)Subsections (1), (2) and (3) of section 11 come into force at the end of the period of 3 months beginning with the day on which this Act is passed.
(3)Section 8, so far as not already in force by virtue of subsection (1), comes into force at the end of the period of 6 months beginning with the day on which this Act is passed.
(4)The following provisions come into force on such day as the Secretary of State may by regulations appoint—
(a)section 5(1);
(b)section 7;
(c)section 9;
(d)section 10 so far as not already in force by virtue of subsection (1);
(e)subsections (4) and (5) of section 11.
(5)Different days may be appointed for different purposes.
(6)The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of a provision mentioned in subsection (4).
(7)The power to make regulations under subsection (6) includes power to make different provision for different purposes.
(8)Regulations under this section are to be made by statutory instrument.
Commencement Information
I3S. 21 in force at Royal Assent, see s. 21(1)(g)
This Act may be cited as the Professional Qualifications Act 2022.
Commencement Information
I4S. 22 in force at Royal Assent, see s. 21(1)(h)