1999 No. 67

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999

Made

Laid before Parliament

Coming into force

The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to recognition of higher-education diplomas or formal qualifications required for the pursuit of professions or other occupations, in exercise of the powers conferred on him by that section, hereby makes the following Regulations:–

Citation, commencement and interpretation1

1

These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 1999.

2

These Regulations shall come into force on 12th February 1999.

3

In these regulations, references to the “principal Regulations” are references to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 19963.

Amendment of principal Regulations2

1

The principal Regulations are amended in accordance with paragraphs (2) to (7) below.

2

In Regulation 25,

a

after paragraph (2) there is inserted the following:

2A

A migrant who has a right of appeal under this regulation and, in respect of the same issue, a right of appeal under any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association may not exercise the two rights separately but may take advantage of whichever right of appeal is, in any respect, the more favourable to him.

b

in paragraph (4), after “sheriff courts,” there is inserted the following:

  • but subject always to paragraph (4B), below,

c

after paragraph (4) there is inserted the following:

4B

In the case of a migrant exercising the composite right described in paragraph (2A) above, the rules of procedure governing the hearing and determination of the appeal shall apply subject to any modification necessary to give effect to the more favourable provision.

3

The list set out in Schedule 1 to these regulations is substituted for the list set out in Part III of Schedule 1 to the principal Regulations.

4

The lists set out in Parts I and II of Schedule 2 to these regulations are substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations.

5

The list set out in Schedule 3 to these regulations is substituted for the list set out in Schedule 3 to the principal Regulations.

6

In the list of training in Part II of Schedule 5 to the principal Regulations, which lists certain United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications, after the entry for “engineer officer–freight/passenger ships–unlimited trading area” there shall be added, on a new line “–trade mark agent”.

7

The list set out in Schedule 4 to these regulations is substituted for the list set out in Schedule 7 to the principal Regulations.

Signed by order of the Secretary of State.

Tessa BlackstoneMinister of State,Department for Education and Employment

SCHEDULE 1List substituted for the list set out in Part III of Schedule 1 to the principal Regulations

Regulation 2(3)

INSTRUMENTS PURSUANT TO WHICH THE TAKING UP AND PURSUIT OF PROFESSIONS IS REGULATED IN THE UNITED KINGDOM

Chapter/SI Number

Short Title/Title

S.I.1984/11154

The Fishing Vessels (Certification of Deck Officers and Engineers) Regulations 1984

S.I.1997/3485

The Merchant Shipping (Training and Certification) Regulations 1997

S.I.1992/1675

The Road Works (Qualifications of Supervisors and Operatives) (Scotland) Regulations 1992

S.I.1992/1687

The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992

S.I.1998/20

Street Worker (Qualification of Supervisors and Operatives) Regulations (Northern Ireland) 1998

SCHEDULE 2Lists substituted for the lists set out in Parts I and II, respectively, of Schedule 2 to the principal Regulations

Regulation 2(4)

PART IPROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY

Profession

Designated Authority

Air Traffic Controller

Civil Aviation Authority

Aircraft Maintenance Engineer

Civil Aviation Authority

Airport Fire Officer

Civil Aviation Authority

Airport Firefighter

Civil Aviation Authority

Licensed Boatmaster

Secretary of State

Licensed Cab Driver (London)

The Assistant Commissioner of Police of the Metropolis

Licensed Conveyancer

The Council for Licensed Conveyancers

Qualified Conveyancer (Scotland)

The Scottish Conveyancing and Executry Services Board

Dental Hygienist

General Dental Council

Dental Therapist

General Dental Council

Dispensing Optician

General Optical Council

Registered Dispenser of Hearing Aids

Hearing Aid Council

Diver

Health and Safety Executive

Department of Transport Approved Driving Instructor

The Registrar for the purposes of Part V of the Road Traffic Act 19886

Executry Practitioner

The Scottish Conveyancing and Executry Services Board

Registered Gas Installer

The Council for Registered Gas Installers

Insolvency Practitioner

Secretary of State,

The Insolvency Practitioners Association Limited,

The Association of Chartered Certified Accountants,

The Institute of Chartered Accountants in England and Wales,

The Institute of Chartered Accountants in Ireland,

The Institute of Chartered Accountants in Scotland,

The Law Society,

The Law Society of Northern Ireland,

The Law Society of Scotland

Inspector of Weights and Measures

Secretary of State

Licensed Lighterman

Port of London Authority

Nurse admitted to any of the following parts of the register–

Part 2–Second level nurse trained in general nursing (England and Wales);

Part 4–Second level nurse trained in the nursing of persons suffering from mental illness (England and Wales);

Part 6–Second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales);

Part 7–Second level nurse (Scotland and Northern Ireland)

United Kingdom Central Council for Nursing, Midwifery and Health Visiting

Certified Technically Competent Person

Waste Management Industry Training and Advisory Board

Registered Trade Mark Agent

The Institute of Trade Mark Agents

Licensed Trainee Driving Instructor

The Registrar for the purposes of Part V of the Road Traffic Act 1988

Listed Veterinary Nurse

The Royal College of Veterinary Surgeons

Licensed Waterman

Port of London Authority

PART IIPROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

Professional title

Designatory letters

Designated Authority

Associate of the Chartered Institute of Arbitrators

A.C.I.Arb

Chartered Institute of Arbitrators

Associate of the Chartered Institute of Building

ACIOB

Chartered Institute of Building

Associate Member of The Chartered Institute of Marketing

ACIM

The Chartered Institute of Marketing

Associate of the Royal Academy of Dancing

A.R.A.D.

The Royal Academy of Dancing

Associate of the Royal College of Organists

ARCO

The Royal College of Organists

Choir Master

(CHM)

The Royal College of Organists

Engineering Technician

EngTech

The Engineering Council

Fellow of the Royal College of Organists

FRCO

The Royal College of Organists

Housing Practitioner

The Chartered Institute of Housing

Licentiate of The Chartered Institute of Marketing

The Chartered Institute of Marketing

Licentiate of the Royal Academy of Dancing

L.R.A.D.

The Royal Academy of Dancing

Licentiate of The Society of Dyers and Colourists

LSDC

The Society of Dyers and Colourists

Licentiate of the Textile Institute

LTI

The Textile Institute

SCHEDULE 3List substituted for the list set out in Schedule 3 to the principal Regulations

Regulation 2(5)

APPEAL BODIES

Profession

Appeal Body

Executry Practitioner

Court of Session

Licensed Cab Driver (London)

The magistrates' court

Qualified Conveyancer (Scotland)

Court of Session

Registered Trade Mark Agent

The Comptroller-General of Patents, Designs and Trade Marks

SCHEDULE 4List substituted for the list set out in Schedule 7 to the principal Regulations

Regulation 2(7)

PROFESSIONS IN RESPECT OF WHICH THE RIGHT OF THE MIGRANT TO CHOOSE BETWEEN AN ADAPTATION PERIOD AND AN APTITUDE TEST IS DISPLACED

Profession

Requirement

Licensed Conveyancer

Adaptation Period

Qualified Conveyancer (Scotland)

Adaptation Period

Executry Practitioner

Adaptation Period

Insolvency Practitioner

Aptitude test

Registered Trade Mark Agent

Aptitude test

(This note is not part of the Regulations)

These Regulations amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 (S.I.1996/2374, “the principal Regulations”).

New provision is made in Regulation 25 of the principal regulations for reconciling the right of appeal of a migrant given by that regulation with any right of appeal afforded by any law, regulation or administrative provision or, as the case may be, rules governing a profession or professional association.

The remaining amendments take the form of the substitution of the lists in Schedules 1 to 5 for those in Part III of Schedule 1, Schedule 2, Schedule 3 and Schedule 7, respectively, of the principal Regulations and the addition of “trade mark agent” to the list of training in Part II of Schedule 5. The effect of the new lists is as follows.

Part III of Schedule 1 to the principal Regulations, which lists for the purpose of Regulation 2(2)(c) of the principal Regulations (disapplication of Parts II to V) instruments pursuant to which the taking up and pursuit of professions is regulated in the United Kingdom, contains the following new entries:

Chapter/SI Number

Short Title/Title

S.I.1997/348

The Merchant Shipping (Training and Certification) Regulations 1997

S.I.1998/20

Street Works (Qualification of Supervisors and Operatives) Regulations (Northern Ireland) 1998

Part I of Schedule 2 to the principal Regulations, which lists for the purpose of Regulation 4 of the principal Regulations professions which are regulated by law or public authority, contains the following new entries:

Profession

Designated Authority

Qualified Conveyancer (Scotland)

The Scottish Conveyancing and Executry Services Board

Executry Practitioner

The Scottish Conveyancing and Executry Services Board

Registered Gas Installer

The Council for Registered Gas Installers

Insolvency Practitioner

Secretary of State,

The Insolvency Practitioners Association Limited,

The Association of Chartered Certified Accountants,

The Institute of Chartered Accountants in England and Wales,

The Institute of Chartered Accountants in Ireland,

The Institute of Chartered Accountants in Scotland,

The Law Society,

The Law Society of Northern Ireland,

The Law Society of Scotland

Nurse admitted to any of the following parts of the register–

Part 2–Second level nurse trained in general nursing (England and Wales);

Part 4–Second level nurse trained in the nursing of persons suffering from mental illness (England and Wales);

Part 6–Second level nurse trained in the nursing of persons suffering from learning disabilities (England and Wales);

Part 7–Second level nurse (Scotland and Northern Ireland)

United Kingdom Central Council for Nursing, Midwifery and Health Visiting

Certified Technically Competent Person

Waste Management Industry Training and Advisory Board

Registered Trade Mark Agent

The Institute of Trade Mark Agents

Listed Veterinary Nurse

The Royal College of Veterinary Surgeons

Part II of Schedule 2 to the principal Regulations, which lists for the purpose of Regulation 4 of the principal Regulations professions which are regulated by professional associations, contains the following new entries:

Professional title

Designatory letters

Designated Authority

Associate of the Chartered Institute of Arbitrators

A.C.I.Arb

Chartered Institute of Arbitrators

Associate Member of The Chartered Institute of Marketing

ACIM

The Chartered Institute of Marketing

Licentiate of The Chartered Institute of Marketing

The Chartered Institute of Marketing

Licentiate of The Society of Dyers and Colourists

LSDC

The Society of Dyers and Colourists

Schedule 3 to the principal Regulations, which lists for the purpose of Regulation 3(1) of the principal Regulations certain bodies, courts or persons which are the appeal bodies for the professions listed there, contains the following new entries:

Profession

Appeal Body

Qualified Conveyancer (Scotland)

Court of Session

Executry Practitioner

Court of Session

Registered Trade Mark Agent

The Comptroller-General of Patents, Designs and Trade Marks

Schedule 7 to the principal Regulations, which lists for the purpose of Regulation 16(3) of the principal Regulations professions in respect of which the right of the migrant to choose between an adaptation period and an aptitude test is displaced, contains the following new entries:

Profession

Requirement

Qualified Conveyancer (Scotland)

Adaptation Period

Executry Practitioner

Adaptation Period

Insolvency Practitioner

Aptitude test

Registered Trade Mark Agent

Aptitude test

No professions are removed from the principal Regulations by these regulations.