The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024

Amendments to Parts 1, 2 and 3 of the 2023 Regulations

5.  In regulation 3 (interpretation)—

(a) in paragraph (1)—

(i) for the definition of “adaptation period”, substitute—

““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(1) 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;”;

(ii) after the definition of “EEA EFTA free trade agreement”, insert—

““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;”;

(iii) after the definition of “professional qualifications”, insert—

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

(iv) after the definition of “specified state professional”, insert—

““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(2);

“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.”;

(b) for paragraph (2), substitute—

“(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(3).”.

(1)

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

(2)

Published on 20th June 2023, ISBN 978-1-5286-4245-3, C.P. 869. A copy is available electronically at https://www.gov.uk/government/publications/agreement-between-the-swiss-confederation-switzerland-and-the-uk-on-the-recognition-of-professional-qualifications. 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)

S.I. 2023/1294 (W. 230) as amended by S.I. 2024/613 (W. 87), 2024/1183 (W. 194).