Professional Qualifications Act 2022

9 Duty of regulator to provide information to regulator in another part of UK

(1) This section applies where—

(a) an individual is, or has been, entitled to practise a regulated profession in a part of the United Kingdom, and

(b) the individual is seeking to practise a corresponding regulated profession in another part of the United Kingdom.

(2) A regulator of the regulated profession mentioned in subsection (1)(a) (“the first regulator”) must provide to a regulator of the corresponding regulated profession mentioned in subsection (1)(b) (“the second regulator”) any information—

(a) that is held by the first regulator,

(b) that relates to the individual,

(c) that—

(i) is requested by the second regulator, or

(ii) is requested by the individual to be provided to the second regulator, and

(d) that is required by the second regulator for the purpose of determining any question relating to the entitlement of the individual to practise the corresponding regulated profession in the part of the United Kingdom mentioned in subsection (1)(b).

(3) A disclosure of information under this section does not breach—

(a) any obligation of confidence owed by the first regulator, or

(b) any other restriction on the disclosure of information (however imposed).

(4) Nothing in this section requires the making of a disclosure which contravenes the data protection legislation (save that the duty imposed by this section is to be taken into account in determining whether any disclosure contravenes that legislation).

(5) In this section, “corresponding regulated profession” means a regulated profession that ordinarily consists of activity that is the same as, or substantially corresponds to, activity that ordinarily comprises the practice of the regulated profession mentioned in subsection (1)(a).