The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

Interpretation U.K.

3.—(1) In these Regulations—

[F1 “adaptation period” means—

(a)

in the case of an applicant who makes an application in reliance on the holding of professional qualifications obtained in Switzerland, a period of supervised practice, subject to an assessment and which may be accompanied by further education or training or both, of a regulated profession under the responsibility of a qualified member of that profession;

(b)

in the case of an applicant who makes an application in reliance on the holding of professional qualifications obtained otherwise than in Switzerland, a period of supervised practice, subject to an assessment and which may be accompanied by further training, of a regulated profession under the responsibility of a qualified member of that profession;]

“applicant” means a specified state professional who—

(a)

wishes to access and pursue a regulated profession for which the possession of professional qualifications is required;

(b)

possesses professional qualifications for the same profession in a specified state; and

(c)

makes an application;

“application” means an application to a regulator(1) of a regulated profession, by an applicant, for recognition of their professional qualifications;

“aptitude test” means a test limited to the professional knowledge of a specified state professional, made by the regulator with the aim of assessing the ability of the professional to pursue a regulated profession;

“EEA EFTA free trade agreement” means the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland done at London on 8thJuly 2021(2);

[F2 “legal regulator” means one of the following—

(a)

the Executive Council of the Inn of Court of Northern Ireland;

(b)

the Faculty of Advocates;

(c)

the General Council of the Bar;

(d)

the Law Society;

(e)

the Law Society of Northern Ireland;

(f)

the Law Society of Scotland;]

“medical regulator” means one of the following—

(a)

the General Chiropractic Council;

(b)

the General Dental Council;

(c)

the General Medical Council;

(d)

the General Optical Council;

(e)

the General Osteopathic Council;

(f)

the General Pharmaceutical Council;

(g)

the Health and Care Professions Council;

(h)

the Nursing and Midwifery Council;

“professional activity” means an activity which forms part of a regulated profession;

“professional experience” means the lawful and effective practice of the relevant profession;

“professional qualifications” includes qualifications(3) or professional experience;

[F3 “register of Swiss lawyers” means a legal regulator’s register of Swiss qualified lawyers undertaking an adaptation period;]

“specified state” means a state specified in Schedule 1;

“specified state professional” means a natural person who has obtained professional qualifications in a specified state;

[F4 “Swiss legal title” means the Swiss professional title of Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech or Avvocato;

“Swiss qualified lawyer” means a natural person who has obtained a Swiss legal title;

“Switzerland Recognition of Professional Qualifications Agreement” means the agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on Recognition of Professional Qualifications done at London on 14th June 2023;

“UK legal title” means the UK professional title of Advocate, Barrister or Solicitor;

“UK qualified lawyer” means a natural person who has obtained a UK legal title.]

[F5 (2) For the purposes of these Regulations, “regulator” does not include—

(a) in relation to professional qualifications obtained in Iceland, the Principality of Liechtenstein or the Kingdom of Norway, a regulator to the extent that it regulates a regulated profession specified in Part 1 of Schedule 2;

(b) in relation to professional qualifications obtained in Switzerland, a regulator to the extent that it regulates a regulated profession specified in Part 2 of Schedule 2;

(c) a “Welsh regulator” as defined by the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Wales) (Amendment etc.) Regulations 2023.]

Textual Amendments

F1 Words in reg. 3(1) substituted (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 5(a)(i)

F2 Words in reg. 3(1) inserted (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 5(a)(ii)

F3 Words in reg. 3(1) inserted (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 5(a)(iii)

F4 Words in reg. 3(1) inserted (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 5(a)(iv)

F5 Reg. 3(2) substituted (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 5(b)

Commencement Information

I1 Reg. 3 in force at 1.12.2023, see reg. 1

(1)

“Regulator” is defined in section 19 of the 2022 Act.

(2)

Volumes 1 and 2 were published on 16th July 2021, ISBN 978-1-5286-2805-1, CP 496, and are available electronically at https://www.gov.uk/government/publications/free-trade-agreement-between-iceland-the-principality-of-liechtenstein-and-the-kingdom-of-norway-and-the-united-kingdom-of-great-britain-and-northern. A hard copy can be obtained free of charge on request by calling the Department for Business and Trade on 020 4551 0011 or may be inspected free of charge at Old Admiralty Building, Admiralty Place, London, SW1A 2DY.

(3)

“Qualification” is defined in section 19 of the 2022 Act.