The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002

PART 1INTRODUCTION

1Citation and commencement

3Interpretation

4Regulated Profession, Regulated Professional Activity and Regulated Education and Training

5Definition of “Second General System Diploma”

6Definition of “Certificate”

7Definition of “Attestation of Competence”

PART 2ADMINISTRATION

8Competent Authority

9Designated Authorities

10Designated authorities – functions

PART 3RIGHT TO PRACTISE IN THE UNITED KINGDOM

11Right to practise – Diploma

12Right to practise – Certificate

13Right to practise – Attestation of Competence

14Right to practise – Other cases

PART 4REQUIREMENTS OF EVIDENCE OF PROFESSIONAL EXPERIENCE, ADAPTATION PERIODS AND APTITUDE TESTS

15Meaning of evidence of professional experience, adaptation period and aptitude test

16Choice of evidence of professional experience, adaptation period or aptitude test

17Circumstances in which evidence of professional experience may be required

18Conditions affecting the requirement of evidence of professional experience

19Circumstances in which an adaptation period or an aptitude test may be required – Diploma

20Circumstances in which an adaptation period or an aptitude test may be required – Certificate

21Conditions affecting the requirement to complete an adaptation period

22Conditions affecting the requirement to take an aptitude test

PART 5ANCILLARY PROVISIONS

23Evidence from competent authorities

24Use of professional title

25Decisions of designated authorities and appeals

26Information from designated authorities and competent authorities

SCHEDULE 1SCOPE OF THE REGULATIONS

PART 1DIRECTIVES ESTABLISHING ARRANGEMENTS FOR MUTUAL RECOGNITION OF DIPLOMAS, CERTIFICATES AND OTHER EVIDENCE OF FORMAL QUALIFICATIONS IN SPECIFIC PROFESSIONS AND PROFESSIONAL ACTIVITIES

PART 2DIRECTIVES CONCERNING FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES OR TRANSITIONAL MEASURES IN RESPECT OF ACTIVITIES

PART 3INSTRUMENTS PURSUANT TO WHICH THE TAKING UP AND PURSUIT OF PROFESSIONS IS REGULATED IN THE UNITED KINGDOM

SCHEDULE 2REGULATED PROFESSIONS

PART 1PROFESSIONS REGULATED BY LAW OR PUBLIC AUTHORITY

PART 2PROFESSIONS REGULATED BY PROFESSIONAL ASSOCIATIONS

SCHEDULE 3APPEAL BODIES

SCHEDULE 4CIRCUMSTANCES IN WHICH DESIGNATED AUTHORITIES ARE REQUIRED NOT TO REFUSE TO AUTHORISE THE TAKING UP OR PURSUIT OF A PROFESSION

PART 1CONDITIONS FOR THE AUTHORISATION OR THE PRACTICE OF A PROFESSION REGULATED IN THE UNITED KINGDOM AT THE LEVEL OF A DIPLOMA OR A CERTIFICATE

1This paragraph applies if the migrant holds either—

2This paragraph applies if the migrant— (a) possesses evidence of...

3This paragraph applies if the migrant— (a) possesses evidence of...

4This paragraph applies if the migrant— (a) possesses evidence of...

5This paragraph applies if, during the previous ten years, the...

PART 2EVIDENCE OF EDUCATION AND TRAINING

6The education and training of which the holder possesses evidence...

7Evidence of education and training satisfies this paragraph if it...

8Evidence of education and training satisfies this paragraph if it...

9Subject to paragraph 10, evidence of education and training satisfies...

10Paragraph 9 only applies if the recognition given to the...

11Evidence of education and training satisfies this paragraph if it...

12Subject to paragraph 13, evidence of education and training satisfies...

13Paragraph 12 only applies if the recognition given to the...

14A post-secondary course of the kind referred to in paragraph...

15A course of education and training of the kind referred...

PART 3REQUIREMENTS OF PROFESSIONAL EXPERIENCE

16The practising requirements referred to in this Schedule are that...

17The practising requirements of paragraph 16 are permissible only in...

SCHEDULE 5LIST OF COURSES OF REGULATED EDUCATION AND TRAINING

In Germany

In the Netherlands:

In Austria:

SCHEDULE 6LIST OF COURSES EVIDENCE OF SUCCESSFUL COMPLETION OF WHICH IS CONSTITUENT OF A SECOND GENERAL SYSTEM DIPLOMA

PART 1COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN ANOTHER RELEVANT STATE

1Paramedical and childcare training course

In Germany:

In Italy:

In Luxembourg:

In the Netherlands:

In Austria:

2Master craftsman sector (“Mester/Meister/Maitre”) which represents education and training courses concerning skills not covered by the Directive listed in Annex A

In Denmark:

In Germany:

In Luxembourg:

In Austria:

In Norway:

3Seafaring sector

In Denmark:

In Germany:

In Italy:

In the Netherlands:

In Iceland:

In Norway:

In Germany:

In the Netherlands:

In Iceland:

In Norway:

4Technical sector

In Italy:

In the Netherlands:

In Austria:

PART 2COURSES REFERABLE TO THE PRACTICE OF A PROFESSION IN THE UNITED KINGDOM

5United Kingdom courses accredited as National Vocational Qualifications or Scottish Vocational Qualifications

SCHEDULE 7PROFESSIONS IN RESPECT OF WHICH THE RIGHT OF THE MIGRANT TO CHOOSE BETWEEN AN ADAPTATION PERIOD AND AN APTITUDE TEST IS DISPLACED

2002 No. 2934

PROFESSIONAL QUALIFICATIONS

The European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002

Made26th November 2002

Laid before Parliament4th December 2002

Coming into force1st January 2003

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: