The European Communities (Recognition of Professional Qualifications) Regulations 2007

Conditions for recognition

22.—(1) Subject to a requirement by the competent authority pursuant to regulation 25, if access to or pursuit of a regulated profession in United Kingdom is contingent on possession of specific qualifications, a competent authority shall permit access to and pursuit of that regulated profession to an applicant under the same conditions as apply to native applicants, where that applicant—

(a) possesses the attestation of competence or evidence of formal qualifications required by another relevant European State, where the profession is regulated, in order to gain access to and pursue that same profession in that relevant European State, or

(b) has pursued that same profession on a full time basis for two years during the previous ten years in another relevant European State which does not regulate that profession, provided that the applicant possesses one or more attestations of competence or documents providing evidence of formal qualifications.

(2) Attestations of competence or evidence of formal qualifications shall satisfy the following conditions:

(a) they shall have been issued by a competent authority of another relevant European State;

(b) subject to paragraph (5), they shall attest a level of professional qualification at least equivalent to the level immediately prior to that which is required in the United Kingdom; and

(c) where paragraph (1)(b) applies, they shall also attest that the applicant has been prepared for the pursuit of the profession in question.

(3) A competent authority may not require the two years professional experience referred to in paragraph (1)(b) if:

(a) the evidence of formal qualifications which the applicant possesses certifies regulated education and training, and

(b) such certified regulated education and training is at the levels of qualifications described in regulation 20, paragraphs (b), (c), (d) or (e).

(4) The regulated education and training listed in Annex III of the Directive shall be considered as such regulated education and training at the level described in regulation 20(c).

(5) A competent authority shall permit access to and pursuit of a regulated profession where access to this profession is contingent in the United Kingdom on possession of a qualification certifying successful completion of higher or university education of four years duration, and where the applicant possesses a qualification referred to in regulation 20(c).