Professional Qualifications Act 2022

19 Interpretation

(1) In this Act—

• “appropriate national authority” has the meaning given by section 16;

• “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);

• “legislation” means primary legislation, subordinate legislation and retained direct EU legislation;

• “modify” includes amend, repeal or revoke;

• “overseas experience” means experience obtained mainly outside the United Kingdom;

• “overseas qualification” means a qualification issued by a body that is based outside the United Kingdom;

• “part of the United Kingdom” means England, Wales, Scotland or Northern Ireland;

• “primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Order in Council made in exercise of Her Majesty’s Prerogative,

  (c)

  an Act or Measure of Senedd Cymru,

  (d)

  an Act of the Scottish Parliament, or

  (e)

  Northern Ireland legislation;

• “profession” includes—

  (a)

  an occupation or trade, and

  (b)

  any subdivision of, or distinct specialism within, a profession;

• “qualification” means any record, issued by a body whose ordinary activities include the issuing of such records, of having attained a particular standard following a course of study or training;

• “regulated profession” means a profession that is regulated by law in the United Kingdom or a part of it (see subsection (3));

• “regulator”, in relation to a regulated profession, means a person having functions under legislation that relate to the regulation of the profession in the United Kingdom or, as the case may be, in a part of it in which the profession is regulated by law (see subsection (3));

• “specified” means specified in regulations;

• “subordinate legislation” means an instrument made under primary legislation or under retained direct EU legislation;

• “UK experience” means experience obtained mainly in the United Kingdom;

• “UK qualification” means a qualification issued by a body that is based in the United Kingdom.

(2) In this Act, a reference to entitlement to practise a profession includes a reference to entitlement to—

(a) undertake activities that comprise the practice of the profession,

(b) use a particular title associated with the practice of the profession, or

(c) be registered, licensed or similarly authorised, where that is required to undertake such activities or use such a title.

(3) For the purposes of this Act, a profession is regulated by law in the United Kingdom, or in a part of it, if by reason of legislation—

(a) individuals are entitled to practise the profession in the United Kingdom, or in that part of it, only if they have certain qualifications or experience, or

(b) individuals are entitled to practise the profession in the United Kingdom, or in that part of it, only if—

(i) they have certain qualifications or experience, or

(ii) they meet an alternative condition or requirement.

(4) For the purposes of this Act, a body is based—

(a) where its registered office is,

(b) if it does not have a registered office, where its head office is, or

(c) if it does not have a registered office or a head office, where its principal place of operation is.