The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019

19.  In regulation 29 (conditions for recognition)— U.K.

(a) for paragraph (1) substitute—

“(1) If access to, or pursuit of, a regulated profession in the United Kingdom is contingent on possession of specific qualifications, a competent authority must permit access to, and pursuit of, that profession to an applicant, where that applicant possesses evidence of formal qualifications required by a relevant European State, where the profession is regulated, in order to gain access to and pursue the same profession in that relevant European State.”;

(b) after paragraph (1), insert—

“(1A) The requirement on the competent authority in paragraph (1) does not apply where—

(a) the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required for the regulated profession in the United Kingdom; or

(b) the regulated profession in the United Kingdom—

(i) comprises one or more regulated professional activities which do not exist in the profession in the applicant's home State; and

[F1 (ii) requires specific training that covers substantially different matters from those covered by the applicant’s evidence of formal qualifications; or]

(c) the level of the professional qualifications of the applicant is lower than the level of the specific professional qualifications required to access and pursue the regulated profession in the United Kingdom;

(1B) In paragraph (1A), “substantially different matters” means matters of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the applicant shows significant differences in terms of duration or content from the training required in the United Kingdom.”;

(c) in paragraph (2)—

(i) omit “Attestations of competence or”;

(ii) in sub-paragraph (a), for “another” substitute “ a ”;

(iii) omit sub-paragraph (b);

(d) for paragraph (3), substitute—

“(3) Nothing in paragraphs (1) or (1A) prevents a competent authority from exercising any other powers it may have to permit an applicant to access and pursue a regulated profession.”;

(e) omit paragraphs (4) and (5).

Textual Amendments

F1 Words in Sch. 1 para. 19(b) substituted (31.12.2020 immediately before IP completion day) by The Professional Qualifications and Services (Amendments and Miscellaneous Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1038), reg. 1(3), Sch. 1 para. 2(c)

Commencement Information

I1 Sch. 1 para. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)