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

Explanatory Note

(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.