2001 No. 200

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001

Made

Laid before Parliament

Coming into force

The Secretary of State, being a Minister designatedM1, for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to measures relating to the 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:

Annotations:
Marginal Citations

Citation, commencement and interpretation1

1

These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001 and shall come into force on 27th February 2001.

2

In these Regulations “the principal Regulations” means the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 M3.

Amendment of principal Regulations2

1

The principal Regulations shall be further amended in accordance with paragraphs (2) to (5) below.

2

In Part I of Schedule 1 at the end there shall be inserted the following—

96/26/EC

Council Directive of 29th April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations.

O.J. No. L124, 23.5.1996, p. 1.

3

The provisions of Parts I and II of Schedule 1 shall be substituted for Parts I and II, respectively, of Schedule 2 to the principal Regulations.

4

The provisions of Schedule 2 shall be substituted for that part of section 1 (paramedical and childcare training courses) of Part I of Schedule 5 to the principal Regulations which specifies such courses in Austria.

5

The provisions of Schedule 3 shall be substituted for Part II of Schedule 5 to the principal Regulations.

Tessa BlackstoneMinister of State,Department for Education and Employment

SCHEDULE 1 PROVISIONS SUBSTITUTED FOR PARTS I AND II, RESPECTIVELY, OF SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

Regulation 2(3)

Annotations:
Marginal Citations
M5

S.R. 1991 No. 373.

PART I PROFESSIONS 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

Assistant Instructor (Motor Bicycles) (in Great Britain)

Secretary of State

Licensed Boatmaster

Secretary of State

Licensed Cab Driver (London)

Transport for London

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 1988 M4

Department of the Environment for Northern Ireland Approved Driving Instructor

The Registrar within the meaning of the Motor Cars (Driving Instruction) Regulations (Northern Ireland) 1991 M5

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

Certified Instructor (Motor Bicycles) (in Great Britain)

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

State Registered Paramedic

The Paramedics Board at the Council for Professions Supplementary to Medicine

Certified Technically Competent Person

Waste Management Industry Training and Advisory Board

Registered Trade Mark Agent

The Institute of Trade Mark Attorneys

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 II PROFESSIONS 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 Institute of Mathematics and its Applications

The Institute of Mathematics and its Applications

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

Member of the Chartered Institute of Arbitrators

M.C.I.Arb

Chartered Institute of Arbitrators

Technical Member of The Royal Institution of Chartered Surveyors

TechRICS

The Royal Institution of Chartered Surveyors

SCHEDULE 2 PROVISIONS SUBSTITUTED FOR THAT PART OF SECTION 1 (PARAMEDICAL AND CHILDCARE TRAINING COURSES) OF PART I OF SCHEDULE 5 TO THE PRINCIPAL REGULATIONS WHICH SPECIFIES SUCH COURSES IN AUSTRIA

Regulation 2(4)

in Austria

  • — special basic training for nurses specialising in the care of children and young people,

  • — special basic training for psychiatric nurses,

  • — contact lens optician (“Kontaktlinsenoptiker”),

  • — pedicurist (“Fusspfleger”),

  • — acoustic-aid technician (“Hörgeräteakustiker”),

  • — druggist (“Drogist”),

which represent education and training courses of a total duration of at least fourteen years, including at least five years’ training followed within a structured training framework, divided into an apprenticeship of at least three years’ duration, comprising training partly received in the workplace and partly provided by a vocational training establishment, and a period of professional practice and training, culminating in a professional examination conferring the rights to exercise the profession and to train apprentices,

— masseur (“Masseur”),

which represents education and training courses of a total duration of fourteen years, including five years’ training within a structured training framework, comprising an apprenticeship of two years duration, a period of professional practice and training of two years’ duration and a training course of one year culminating in a professional examination conferring the rights to exercise the profession and to train apprentices,

  • — kindergarten worker (“Kindergärtner/in”),

  • — child care worker (“Erzieher”),

which represent education and training courses of a total duration of thirteen years, including five years of professional training in a specialised school, culminating in an examination.

SCHEDULE 3 PROVISIONS SUBSTITUTED FOR PART II OF SCHEDULE 5 TO THE PRINCIPAL REGULATIONS

Regulation 2(5)

PART II COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN THE UNITED KINGDOM

United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications

Training for:

  • — mine electrical engineer,

  • — mine mechanical engineer,

  • — dental therapist,

  • — dental hygienist,

  • — dispensing optician,

  • — mine deputy,

  • — insolvency practitioner,

  • — licensed conveyancer,

  • — first mate—freight/passenger ships—unrestricted,

  • — second mate—freight/passenger ships—unrestricted,

  • — third mate—freight/passenger ships—unrestricted,

  • — deck officer—freight/passenger ships—unrestricted,

  • — engineer officer—freight/passenger ships—unlimited trading area,

  • — certified technically competent person in waste management,

leading to qualifications accredited as National Vocational Qualifications (NVQs) or in Scotland accredited as Scottish Vocational Qualifications, at levels 3 and 4 of the United Kingdom National Framework of Vocational Qualifications.

These levels are defined as follows:

  • Level 3: competence in a broad range of varied work activities performed in a wide variety of contexts and most of which are complex and non-routine. There is considerable responsibility and autonomy and control or guidance of others is often required,

  • Level 4: competence in a broad range of complex, technical or professional work activities performed in a wide variety of contexts and with a substantial degree of personal responsibility and autonomy. Responsibility for the work of others and the allocation of resources is often present.

(This note is not part of the Regulations)

These regulations further amend the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 (SI 1996/2374 as amended by SI 1999/67, “the principal Regulations”) which give effect in the United Kingdom to Council Directive 92/51/EEC (“the principal Directive”).

Regulations 2(4) and 2(5) with Schedules 2 and 3 give effect in the United Kingdom to Commission Directive 2000/5/EC of 25th February 2000 (O.J. No. L54, 26.2.2000 p. 42) which amends Annexes C and D to the principal Directive. Regulation 2(4) with Schedule 2 substitutes a new section in Part I of Schedule 5 to the principal Regulations relating to paramedical and childcare training courses in Austria. Regulation 2(5) with Schedule 3 substitutes a new Part II of Schedule 5 to the principal Regulations which relates to courses referable to the practice of a profession in the United Kingdom.

Regulation 2(3) substitutes a new Schedule 2 to the principal Regulations which sets out (in Part I) professions regulated in the United Kingdom by law or public authority and in Part II, professions regulated by professional associations. The changes are:

— in Part I, the addition of Assistant Instructor (Motor Bicycles), Department of the Environment for Northern Ireland Approved Driving Instructor, Certified Instructor (Motor Bicycles) and State Registered Paramedic and the change in the designated authority for Licensed Cab Driver (London) from the Assistant Commissioner of Police for the Metropolis to Transport for London;

— in Part II, the addition of Licentiate of the Institute of Mathematics and its Applications, Member of the Chartered Institute of Arbitrators and Technical Member of The Royal Institution of Chartered Surveyors.

Regulation 2(2) amends Part I of Schedule 1 to the principal Regulations; this Schedule lists directives establishing arrangements for mutual recognition of qualifications in specific professions and those professions are outside the scope of the principal Regulations.