The European Communities (Recognition of Qualifications and Experience) (Third General System) Regulations 2002

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the European Communities (Recognition of Qualifications and Experience) (Third General System) Regulations 2002.

(2) These Regulations shall come into force on 16th July 2002

Interpretation U.K.

2.  In these Regulations, “the Directive” means the Directive 1999/42/EC of the European Parliament and of the Council of 7th June 1999 M1 establishing a mechanism for the recognition of qualifications in respect of the professional activities covered by the Directives on liberalisation and transitional measures and supplementing the general systems for the recognition of qualifications.

Marginal Citations

M1 OJ L201/77 of 31 July 1999, extended to the EEA by Decision of the EEA Joint Committee 88/2000, adopted on 27 October 2000, OJ (supplement) L007/05 of 1 January 2001.

PART 1 U.K.

Production of certificates of experience U.K.

3.—(1) The Secretary of State shall issue a certificate, to be called a “Certificate of Experience”, to a person who makes an application to her for the issue of such certificate in respect of a relevant activity and satisfies her as to his relevant experience and qualifications gained in the United Kingdom as set out in Schedule 1.

(2) A relevant activity is an activity which falls within the lists of activities set out in Annex A to the Directive.

False Representations or Declaration U.K.

4.  Any person who procures or attempts to procure the issue of a certificate by making or producing or causing to be made or produced any false or fraudulent representation or declaration, either orally or in writing, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5.—(1) Where the Secretary of State is satisfied that—

(a) a certificate was issued in reliance upon a representation or declaration in respect of which a person has been convicted of an offence under regulation 4; or

(b) information in reliance upon which a certificate has been issued is not correct or is not correct in a material particular and that the experience or qualifications to which the certificate attests have not been attained, she may revoke the certificate by notice in writing sent to the person named in the certificate subject to the conditions in paragraph (2).

(2) The condition is that before revoking the certificate the Secretary of State shall serve on the person named in the certificate a notice specifying—

(a) that she is minded to revoke the certificate; and

(b) the false representations or declarations in respect of which a person has been convicted of an offence; or

(c) the incorrect information; and

(d) the effect of (b) and (c) on the truth of the certificate,

and inviting that person within a reasonable period of not less than 28 days to submit representations in writing as to—

(i) the relevance of any conviction for an offence in relation to the certificate or the matters to which it attests; and

(ii) any other reason why the Secretary of State should not revoke the certificate

and the Secretary of State shall consider any representation submitted within the period specified in the notice.

PART 2 U.K.

Amendment of the Farriers (Registration) Act 1975 U.K.

6.  The Farriers (Registration) Act 1975 M2 shall be amended as set out in Schedule 2.

Marginal Citations

M2 1975 c. 35.

Melanie Johnson,

Parliamentary Under Secretary of State, for Competition, Consumers and Markets,

Department of Trade and Industry

18th June 2002