PART 3UK market access: professional qualifications and regulation

25Meaning of “qualified” UK resident

1

A UK resident is “qualified” in relation to a profession for the purposes of section 24(2) if, in any part of the United Kingdom other than the relevant part (“the other part”), the resident is qualified (within the meaning of subsections (3) to (5)) to undertake the full range of corresponding activity.

2

In this section—

a

“corresponding activity” means activity that is the same as, or substantially corresponds to, relevant professional activity;

b

“the full range” of corresponding activity is a range of corresponding activity that substantially corresponds to the full range of relevant professional activity;

c

“relevant professional activity” means activity that, in the relevant part, ordinarily comprises the practice of the profession in question.

3

To the extent that—

a

corresponding activity is ordinarily undertaken by practitioners of a particular profession in the other part, and

b

provision applying in the other part limits the ability to practise that profession to individuals who have certain qualifications or experience,

a UK resident is qualified to undertake the corresponding activity if the resident has the qualifications or experience required to be able to practise the profession in the other part.

4

To the extent that—

a

the position is not as described in subsection (3)(a) and (b), and

b

provision applying in the other part limits the ability to undertake corresponding activity to individuals who have certain qualifications or experience,

a UK resident is qualified to undertake the corresponding activity if the resident has the qualifications or experience required to do so in the other part.

5

To the extent that the position is not as described in subsection (3)(a) and (b) or (4)(b), any UK resident is qualified to undertake corresponding activity in the other part.

6

For the purposes of subsection (3)—

a

it does not matter that corresponding activity may also be undertaken by individuals who are not practitioners of a profession;

b

to the extent that corresponding activity is ordinarily undertaken by practitioners of more than one profession regulated as mentioned in subsection (3)(b), a UK resident is qualified in relation to that activity only if the resident has qualifications or experience required to be able to practise whichever of those professions most closely corresponds to the profession in the relevant part.

7

For the purposes of subsections (3) and (4)—

a

qualifications may be relied on only if they were obtained in the United Kingdom, and

b

experience may be relied on only if it was obtained mainly in the United Kingdom.