The European Communities (Recognition of Professional Qualifications) Regulations 1991

Evidence from competent authorities

9.—(1) A designated authority shall, in connection with any matterrequiring to be established pursuant to regulation 5 or 6, accept assufficient evidence thereof the certificates or other documents dulyissued by a competent authority of the relevant member State for thepurpose of attesting such matters.

(2) A designated authority which—

(a) requires of an applicant for authorisation to practice proof that heis of good character or repute, or that he has not been declared oradjudged bankrupt, or had a bankruptcy or similar order made against himor in relation to his estate; or

(b) suspends or prohibits practise in the event of serious professionalmisconduct or the commission of a criminal offence;

shall accept as sufficient evidence in relation to the foregoing:

(i) the documents showing the relevant conditions are met, duly issuedby the competent authorities of the member State of origin of themigrant, the member State from which the migrant comes or the memberState in which the migrant formerly qualified or practised; or

(ii) where those authorities do not issue such documents, a declarationon oath or solemn declaration to the required effect, made by themigrant before a competent judicial or administrative authority or(where appropriate) a notary or duly qualified professional body of therelevant member State; provided that in each case such declaration isauthenticated by a certificate issued by the authority, notary or body.

(3) A designated authority which requires of persons wishing to practisea certificate of physical or mental health, shall accept as sufficientevidence thereof the documents required for such a purpose in the memberState of origin of the migrant, the member State from which the migrantcomes or the member State in which the migrant formerly qualified orpractised, or (where none are required in those States) a certificateissued by a competent authority there which corresponds to thecertificate issued for that purpose in the United Kingdom.

(4) A designated authority may require any document or certificatereferred to in paragraph (2) or (3) of this regulation to be presentedno more than three months after the date of its issue.

(5) Where a designated authority requires applicants to take an oath ormake a solemn declaration, the form of which is such that it cannot betaken or made by nationals of another member State, it shall ensure thatan appropriate equivalent form of oath or declaration is available forthose nationals.