The European Communities (Recognition of Professional Qualifications) Regulations 1991

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires, thefollowing words and phrases have the following meanings (and cognateexpressions shall be construed accordingly)—

• “adaptation period” means a period of practice of a regulated profession in the UnitedKingdom under the supervision of a qualified member of that profession,required by a designated authority pursuant to regulation 6(1)(b);

• “another member State” means a member State other than the United Kingdom;

• “appeal body” means, in respect of any regulated profession, the body, court orperson specified in relation to that profession in Schedule 4;

• “aptitude test” means a test required by a designated authority pursuant toregulation 6(1)(b);

• “competent authority” means, in relation to any

  (a)

  document, certificate, diploma or qualification, or

  (b)

  period of professional experience,

  referred to in these Regulations, the authority, body or person in a member State authorised under the laws, regulations or administrative provisions of that State, to issue, award or recognise such document, certificate, diploma or qualification, or to certify any such period;

• “corresponding profession” means a profession, the pursuit of which in another member Stateincludes a substantial number of the professional activities comprisedin the pursuit of the profession in the United Kingdom which is thesubject of the migrant’s application;

• “designated authority” means a body or authority designated in relation to a regulatedprofession by regulation 4 and Schedule 1 and any qualifying bodyreferred to in regulations 11(2) and 12(3);

• “diploma” means any diploma, certificate or other evidence of formalqualifications awarded by a competent authority in a memberState—

  (a)

  which shows that the holder:

  (i)

  has successfully completed a post-secondary course of at least threeyears' duration (or of an equivalent duration part-time) at a universityor an establishment of higher education or an establishment of similarlevel;

  (ii)

  has successfully completed any additional professional trainingrequired; and

  (iii)

  has the qualifications required for the practice of a regulatedprofession in that State;

  provided that either:

  (A)

  the education and training attested were received mainly within theEconomic Community; or

  (B)

  the holder has had at least three years' professional experiencecertified by a competent authority in that State (being a State whichrecognised a diploma, certificate or other evidence of formalqualifications obtained in a non-member State);

  or

• which was awarded on the successful completion of education andtraining received within the Economic Community, and which—

  (i)

  has been recognised by a competent authority in that State asequivalent in level to a diploma to which sub-paragraph (a) applies; and

  (ii)

  confers the same rights in respect of the practice of a regulatedprofession in that State;

• “the Directive” means Council Directive 89/48/EEC(1) on a general system for the recognition ofhigher-education diplomas awarded on completion of professionaleducation and training of at least three years' duration;

• “migrant” means a national of a member State applying under these Regulationsto a designated authority for authorisation to practise;

• “native applicant” means a national of a member State applying to a designatedauthority for authorisation to practise, the qualifications of whom wereobtained wholly within the United Kingdom;

• “practise” in relation to any regulated profession, includes—

  (a)

  the taking up or pursuit of the profession in a member State,whether in a self-employed capacity or as an employed person; and

  (b)

  the right to use, in the course of such pursuit, a professionaltitle or designatory letters, or the enjoyment of any special statuscorresponding to a diploma, granted by a designated authority for thatprofession;

• “professional experience” means the lawful pursuit in a member State of a professioncorresponding to the regulated profession which is the subject of themigrant’s application;

• “regulated profession” means a profession in respect of which a designated authority isspecified in Schedule 1 and the profession of company auditor as definedin section 24(2) of the Companies Act 1989 and Article 27(2) of theCompanies (Northern Ireland) Order 1990.

(2) A reference in these Regulations to“the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.

(3) Any reference in these Regulations to a numbered regulation orSchedule is a reference to the regulation or Schedule so numbered inthese Regulations.

(1)

OJ No. L 19, 24.1.89, p.16.